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2011 12 20 CC164 4 4 adja City Council agendas and staff reports 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 Regular Meeting TUESDAY, DECEMBER 20, 2011 AT 4:00 P.M. Beginning Resolution No. 2011-097 Ordinance No. 495 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, and Mayor Adolph PLEDGE OF ALLEGIANCE CLOSED SESSION — NONE 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 1. PRESENTATION OF THE 2011 B.E.S.T. NATIONAL PUBLIC WORKS AWARD FROM THE SOUTHERN CALIFORNIA CHAPTER OF THE AMERICAN PUBLIC WORKS ASSOCIATION FOR LA QUINTA'S NATIONAL PUBLIC WORKS WEEK CELEBRATION AND STUDENT OUTREACH PROGRAM u 01 CITY COUNCIL AGENDA 1 DECEMBER 20, 2011 2. PRESENTATION OF THE SILVER DAVEY AWARD FOR THE CITY OF LA QUINTA SMART PHONE APPLICATION WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 6, 2011 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 DECEMBER 20, 2011 2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2011 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2011 4. ADOPTION OF A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE PROGRAM 5. ACCEPTANCE OF A QUITCLAIM DEED FROM COSTCO WHOLESALE CORPORATION PURSUANT TO WHICH COSTCO WHOLESALE CORPORATION IS QUITCLAIMING ITS INTEREST IN A 1941 PIPELINE EASEMENT THAT IS NO LONGER IN USE IN ORDER TO ASSIST THE CITY CLEAR TITLE TO ITS ADJACENT PROPERTY 6. ACCEPTANCE OF HIGHWAY 111 MEDIAN ISLAND LANDSCAPE PROJECT, PROJECT 2009-03 7. APPROVAL OF A GRANT DEED CONVEYING TITLE FOR THE PROPERTY LOCATED ON AVENIDA MONTEZUMA AND AVENIDA NAVARRO (APN 773-077-013) FROM THE CITY OF LA QUINTA TO THE LA QUINTA HOUSING AUTHORITY 8. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY 9. ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA INDIAN GAMING SPECIAL DISTRIBUTION FUND 002 CITY COUNCIL AGENDA 2 DECEMBER 20, 2011 10. APPROVAL TO EXCUSE COMMITTEE MEMBER RICHARD GRAY'S ABSENCE FROM THE DECEMBER 14, 2011 ARCHITECTURAL AND LANDSCAPING COMMITTEE MEETING BUSINESS SESSION 1. CONSIDERATION OF PILLARS OF THE COMMUNITY NOMINATIONS A. MINUTE ORDER ACTION 2. CONSIDERATION OF A RECIPIENT FOR THE 2012 SENIOR INSPIRATION AWARD PROGRAM A. MINUTE ORDER ACTION 3. CONSIDERATION OF APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION A. MINUTE ORDER ACTION 4. CONSIDERATION OF THE IMPLEMENTATION OF THE INCREASED DEVELOPMENT IMPACT FEES FOR RESIDENTIAL DEVELOPMENT A. MINUTE ORDER ACTION STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (VACANT) 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) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) CITY COUNCIL AGENDA 3 DECEMBER 20, 2011 p.� 003 18. COMMUNITY SERVICES COMMISSION MINUTES DATED OCTOBER 10, 2011 19. INVESTMENT ADVISORY BOARD MINUTES DATED NOVEMBER 9, 2011 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT(S) B. QUARTERLY MARKETING REPORT C. GRANTS UPDATE 2. CITY ATTORNEY 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR NOVEMBER 2011 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR NOVEMBER 2011 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR NOVEMBER 2011 8. PUBLIC WORKS DEPARTMENT REPORT FOR NOVEMBER 2011 9. POLICE DEPARTMENT REPORT FOR NOVEMBER 2011 10. FIRE DEPARTMENT QUARTERLY REPORT — NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. iIIQII�A 1r11 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. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. CITY COUNCIL AGENDA 4 DECEMBER 20, 2011 "p•� 004 1. PUBLIC HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION TO VACATE A 535 SQUARE FOOT PORTION OF EISENHOWER DRIVE AND AVENIDA MONTEZUMA A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT 2011-022 FOR PARKING MANAGEMENT, AS APPROVED UNDER VILLAGE USE PERMIT 2008-042. APPLICANT: DR. KATHRYN CARLSON, VILLAGE PARK ANIMAL HOSPITAL (VPAH, LLC) A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRO'DUCE ORDINANCE NO. 495 ON FIRST READING ADJOURNMENT The next regular meeting of the City Council will be held on January 3, 2012 commencing 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, La Quinta, CA 92253. 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 December 20, 2011, 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 1 1 1, on December 16, 2011. DATEQ DECEMBER 16, 2011 VERONICA JJAONTECINO, City Clerk City of La Quinta, 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. CITY COUNCIL AGENDA 5 DECEMBER 20, 2013.11 J V 005 • 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. CITY COUNCIL AGENDA 6 DECEMBER 20, 2011 "N•J l 006 Titr44CI" COUNCIL/RDA MEETING DATE: December 20, 2011 ITEM TITLE: Approval of Demand Register Dated December 20, 2011 RECOMMENDATION: Approve Demand Register Dated December 20, 2011 BACKGROUND: Prepaid Warrants: 94171 - 94205) 94206 - 94232) 94233} Voids} Wire Transfers} P/R 36491 - 36509) P/R Tax Transfers} Payable Warrants: 94234 - 943541 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Cash -RDA Demand of Cash - HA John M. Falconer, Finance Director 577,061.25 40,642.98 1,500.00 (1,820.00) 365,728.52 470,456.01 168,582.63 1,622,978.05 $3,245,129.44 $2,778,480.93 $466,648.51 $300.00 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 'np.J . O 1 CITY OF LA QUINTA BANK TRANSACTIONS 11/23/11 - 12/13/11 11/23/11 WIRE TRANSFER -ICMA 11/23/11 WIRE TRANSFER - PIERS 11/23/11 WIRE TRANSFER -LQCEA 11/29/11 WIRE TRANSFER - TASC 12/01/11 WIRE TRANSFER -PERS 12/02/11 WIRE TRANSFER - PIERS 12/08/11 WIRE TRANSFER - LANDMARK 12/09/11 WIRE TRANSFER -ICMA 12/09/11 WIRE TRANSFER - PERS 12/09/11 WIRE TRANSFER - LQCEA 12/13/11 WIRE TRANSFER -TASC $10,058.09 $66,282.36 $145.00 $988.37 $2,709.01 $104,087.20 $126,858.91 $9,135.01 $54,331.20 $145.00 $988.37 TOTAL WIRE TRANSFER OUT $365,728.52 N 008 I O p i w »r ,awn: W I W.rO I f9 L r Q +oQ I a �rz r LL Q r W 2 I r I I I I I I I r Y u r I W Z I 2� I uol Sr M r O r N I N o i N r r W r ¢ 0 Y W 2 r U r m J 2 I J .•I IOi I 1 N I L 1 1 0 u 0.rr do .. 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I O A .co z m y x m Z y A 1 m < I T m Imz I A o D I mO 1 n Z A n 0 m c Z I y Y Z Gl 1 m m A Y cm oa O om P N 0 I N Y 040 COUNCIL/RDA MEETING DATE: December 20, 201 1 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Receive and File Treasurer's Report dated October 31, 2011 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated October 31, 2011 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, �,J John M. Falconer, Finance Director Is 041 Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Treasurer's Report, City of La Quinta N , 042 2 MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for October 31, 2011 DATE: November 30, 2011 Attached is the Treasurer's Reportfor the month ending October, 2011. The report is submitted to the City Council each month after a reconciliation of accounts Is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change LAIF $ 17,278,745 $ 22,239 $ (2,100,000) 0 $ 15,200,984 (2,077,761) Interest bearing active bank deposit 39,514,615 13,205 39,527,820 13,205 Certificates of Deposit 724,000 724,000 0 US Treasuries 72,949,195 (2) (12,000,000) 6,040 60,955,235 (11,993,960) US Gov't Sponsored Enterprises 14,995,325 (2) 771 14,996,096 771 Commercial Paper (2) 0 0 0 Corporate Notes 5,015,752 (2) (6,976) 5,008,776 (6,976) Mutual Funds 16,767,608 1 637,361 0 16, 130,247 637,361 Subtotal $ 167%5,240 $ 35,444 $ 14,737,361 $ 165 $ 152,543,158 $ 14,702,082 Cash $- 249,778 1 & 3 $ 13,545,307 1 $ 13,795,085 $ 13,545,307 Total $ 167,495,018 $ 35,444 $ 1,192,054 $ 165 $ 166,338,243 $ 1,156,775 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. c, t�fi�rVil—> 1 Z 1 I/ z o I 1 *M.ner Date Finance Drector/Treasurer Footnote (11 The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. N..; 0 4`�3 3 Treasurer's Commentary For the Month of October 2011 Cash Balances - The portfolio size decreased by $1.16 million to end the month at $166.3 million. Major capital improvement expenditures were $913,000, including $403,000 spent on the "A Street extension Project, $119,000 spent on the Coral Mountain Apartment Project, $111,000 spent on the Phase 2 Washington St Drainage Project, and $100,000 on the Adams Street Bridge Project. Investment Activity - The investment activity resulted in an average maturity decrease of seven (7) days from the prior month to end the month of October at 117 days. The Treasurer follows a buy and hold investment policy with the maturity of two (2) treasury investments totaling $12 million. This $12 million was reinvested in LAIF in November. The sweep account earned $7 in interest income for the month of October and the bank fees for the month were $ 1,492 which resulted in a net decrease of $1,485 in real savings. Portfolio Performance - The overall portfolio performance was four (4) basis point lower than the prior month ending at .35% for the month, with the pooled cash investments at .53%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .51 % which reflects the current interest rate environment. Looking Ahead In the short term, the Treasurer will be investing in LAIF and may look at short term commercial paper with the understanding that an $18 million payment may be due to the State of California in mid January. ,.p. 044 4 N O N d d d d d d d d d p O Z O Z O Z O Z O Z O Z - O Z O Z O Z w m 0 C =E $ o a 1-2 n a m D ar .N d xi g `Oiii a °: d O c c a 2 L v U U etl Q d c 7 o o y O _o dU U m N D n O rWil C iq ry QQ m O d > O a N L V ry q N D E° > g m o 0 m O O 79 d d > E •• •• N 8 O> U t C C y N d C N o O O O O o L trydry' Dd d d d i U 01 ° �— a ._._.-. 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'gu-2 E$n$m 'rv0$ E�mF.'m.�$ S.H -N�a.�� Y' s O��^$� s�R»»d� N M� - 3$ `n S oCw rvr�r` Eaw "Eror R, �$ S E^m�.REm^ umm�re IfEE-ry «3�&� «H H, m8 �_ a- v 2 ««»«»»»« »»»«»..« »... --- g a € € y a s6 4@6 Esg z fl as � fl p R ?'rE?-",g zE jog m rEEgg m a rE Eg% Bye S gF m$eEE F Yg �S eF Yg2d 8BB, 29 r¢� BBSsj ,,a"t, 049 ))g 18999 | � \•� E � (q]£!\ _.. \} \ IRIS (� )§° \ ( k' a, R,& • } , (| J § -gird | ! 050 10 City of Le Ouinla Comparative Rates of Interest October 31, 2011 Clty of La Ouinta Three Au9u51200] 5. 17% 485% 508% 109 4.59% 5.26% Sep12007 5.16% 4.86% 506% 129 400% 523% 01 5. 11% 485% 5.02% 116 395% 5.14% Nov 2007 5.03% 483% 4.96% 99 3.34% 4.96% Dec 2007 4.95% 343% 4.45% 123 339% 4.80% Jan 2008 4.58% 3.33% 4.22% 96 2.31% 4.62% Feb 2008 4.12% 3.24% 3.85% 8fi 2.07% 4.16% Mar2008 4.07% 2.83% 367% 74 1.50% 378% Apr2008 345% 3.27% 341% 82 1.70% 3.40% May 2008 3.14% 327% 3.17% 63 1.92% 307% June 2008 309% 1.94% 2.86% 80 2.14% 2.89% FY 08109 July 2008 2.99% 1.93% 211% 62 170% 1.88% 2.29% 275% 2.18% 279% August 2008 3.16% 1.92% 2.88% 51 1.69% 1.89% 2A4% 2.38% 2.08% 2.78% Sep12008 2.81% 192% 2.64% 31 1A2% 179% 1B6% 200% 2.13% 277% Oct 2008 266% 2.61% 261% 29 ON% 1.40% 112% 1.50% 2.02% 2.71% Nov2008 2.38% 2.36% 2.36% 64 0.15% 0.49% 104% 125% 1A5% 2.57% Dec 2008 160% 0.18% 142% 116 005% 025% 0.69% 0.08% 0.97% 2.35% Jan 2009 1 36% 0.18% 1.23% 82 0.15% 0.35% 0.43% 0.88% 0.31 % 2.05% Feb 2009 1.23% 0.18% 1,11% 75 0.30% O50% 0.61% 0.88% 0.48% 1.87% Mar2009 126% 0.18% 1.13% 69 0.20% 0.42% 0.70% 0.88% 0.39% 182 % Apr2009 094%. 0.18% 085% 54 031% 033% 0.59% 0.88% 0.28% 161% May 2009 0 92 % 0.18% 0 84% 80 0.18% 0.30% 0.53% 0.88% 0 23% 1.53% June 2009 085% 0.29% 080% 111 020% 0.35% 0.55% 1.13% 0.26% 1.38% FY 09MO July 2009 0.69% 030% 065% 111 0.19% 0.28% 0.47% 1.00% 0.28% 104% August 2009 0.64% 0.30% 0.61% 92 0.16% 0.26% 0.46% 1.00% 024% 0.93% Sept2009 0.56% 0.31% 0.53% 112 0.12% 019% 0.41% 100% 0.19% 075% Oct2009 0.52% 0.31% 0.50% 90 008% 019% 0.38% 1.00% 0.19% 0.65% Nov 2009 0.56% 0.31% 0. n5v 152 004% 0.14% 032% 095% 0.15% 061 % Dec 2009 0.56% 0.15% 0.51% 239 0.11% 0.20% 0.16% 1.00% 0.16% 057% Jan2010 046% 0.15% 0.43% 179 0.06% 0.14% 0.34% 0.88% 0.13% 0.56% Feb 2010 0.51% 0.16% 048% 162 0.13% 0.19% 0.32% 0.88% 0.15% 0.58% Mar20ID 0.50% 0.16% 047% 172 0.15% 0.24% 0.38% 1.00% 020% 0.55% Apr2010 062% 0.16% 048% 162 0.15% 0.24% 049% 100% 0.23% 059% May 2010 0.52% 0.16% 0.48% 116 017% 0.22% 0.37% 0.75% 028% 0.56% June 2010 0.53% 003% 0.35% 134 0.16%, 022% 0.32% 063% 0.32% 053% FY 10It1 July 2010 0.50% 0.15% 047% 119 0.16% 0.20% 030% 0.63% 0.28% 0.53% August 2010 0.49% 0.15% 0.46% 108 0.15% 0.19% 0.26% 038% 0.26% 0.51 % Srpt2010 0.55% 0.15% 0.51% 109 016% 0.19% 0.29% 0.38% 0.24% -0.50% Oc12010 0.65% 0.15% 0.51% 88 0.13% 0.17% 0.23% 0.38% 0.23% 0.48% Nov 2010 0.53% 0.15% 049% 84 0.18% 0.21% 0.28% 0.50% 0.23% 0.45% Dec2010 0.57% 0.14% 0.52% 265 0.16% 0.19% 0.30% 0.63% 0.23% 0.46% Jan 2011 0.51% 0.14% 0.43% 200 0.16% 0.18% 028% 0.63% 0.24% 054% Feb 2011 055% 0.17% 0.46% 210 0.15% 0.17% 031% 0,63% 0.23% 0.51% Mar2011 0.54% 0.17% 045% 218 0.05% 0.13% 026% 015% 0.23% 0.50% Apr 2011 0.59% 0.17% 048% 192 0.05% 0.10% 026% 063% 0.20% 0.59% May 2011 0.48% 0.17% 0.41% 156 006% 0.12% 030% 050% 0.16% 041% June 2011 0.53% 0.00% 035% 126 0.03% 0.10% 0.20% 038% 0.15% 0.45% FY 11112 JuIy2011 053% 000% 0.35% 112 007% 0.12% 0.15% 0.20% 0.14% 038% August2011 0.60% 000% 038% 102 0.02% 005% 0.10% 0.13% 0.16% 0.41% Sep12011 058% 003% 0.39% 124 002% 00fi% 009% 0.13% 0.14% 038% 012011 0.53% 003% 10.35% 117 0.01% 1 006% 0.12% 0.25% 0.15% 0.39% ".; 051 11 0 0 0 00 O O 1 _ 052 12 C`c`N OF TKe'� AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 20, 201 1 BUSINESS SESSION: ITEM TITLE: Receive and File Revenue and Expenditure Report dated October 31, 2011 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the October 31, 2011 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, Akm John M. Falconer, Finance Director Approved for submission by: Kj, �9-� Mark Weiss, Interim City Manager Attachment: 1. Revenue and Expenditures, October 31, 2011 053 CITY OF LA QUINTA REVENUES - ALL FUNDS 0710112011-10/3112011 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $So 388 180.0D $0005,05,131 7.90% Library 2,130300.00 (117.70) 0.00% Gas Tax Revenue 994,900 00 177,701 A4 17,90% Federal Assistance 145,833.00 0.00 0.00% JAG Grant 16.152,00 0.00 0.00% Slesf (Cops) Revenue 100,000.00 (49.61) 0,00% Indian Gaming 105,844.00 0,00 0.00% - Lighting B Landscaping 964,219.00 25,180.83 2,60% RCTC 0,00 0,00 0.00% Development Funding 000 0.00 0.00% Crime Violent Task Force 0.00 000 0.00% AS 939 4,30000 (2,304.89) 5360% Quimby 50,000.00 (17,497.68) -35.00% Infrastructure 100.00 (785,50) -785S0% Proposition IS 0.00 000 0.00% South Coast Air Quality 65,568.00 10 086.38 15.40% CMAQ/ISTEA 416,026.00 199,24668 47.90% Transportation 523,300.00 1,758.03 030% Parks B Recreation B9200.00 4,460.00 500% Civic Center 127,600.00 4,975.00 3.90% Library Development 35,500.00 1, 775.00 5.00% Community Center 13,300.00 (1,901.28) -14.30% Street Facility 20,000.00 445.17 2.20% Park Facility 2,200.00 109.85 5.00% Fire Protection Facility 29,800.00 700.00 2.30% Arts In Public Places 99, BMW 5,792,47 5.80% Interest Allocation 000 93,365.20 0,00% Capital Improvement 79,520.241.00 4,714,592.16 5.90% Equipment Replacement 620,806.00 586.087.52 94,40% Information Technology 489,32200 483.53194 98.80% Park Equipment B Facility 2,700.00 (1,406.55) 52.10% SilverRock Goff 3,841,591.00 4D4,88507 10.50% SilverRock Goff Reserve 68,340.00 (60130) -0.90% Le Quinta Public Safety Officer 2,100.00 1.951 75 92.90% Supplemental Pension Savings Plan 200,964,00 200,054.00 99.60% Le Quinta Financing Authority 8,164.371,00 4.929,603.27 60.40% RDA Project Area No, 1 63,392,945,00 3,326,514.97 5.20% RDA Project Area No. 2 32,986,851.00 1,410,820.00 4.30% Le Quinta Housin Authorit 1035,090.00 424255.96 41,00% Total $246647,433.00 $20,988,282.40 8.50% Note: Many interest income amounts have negative balances due to the reversal of GASS 31 unrealized income recognized in FY 2010/2011 ".M..,_ 054 K CITY OF LA QUINTA EXPENDITURES - ALL FUNDS A DUSTED 0 /01/2011 - W31PA11 REMAI 1 FUNDS BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT General 53,%,874.00 $8,274,5%. 30715.48 $45,662,649% 15.3 Library 7]76,094.00 725,216W O.W 1.050,87800 40.8% Gas Tax 994,900.00 331632,00 0.00 663.268,00 33.3% Feceral Assistance 145,833.00 COO 0.00 145.833.W 0.0% JAG Grant61, 181W 1,933,87 O.W 59,247A3 3.2% Stoat (Cops) Revenue 100000.00 000 0.00 0.00 100,000.00 105.644.00 0.0% 0.0% Indian Gaming 105,84400 1,002,995. 00 0.00 334.33200 000 668,664.00 33.3% Lighting B Landscaping 0.00 0.00 0.00 0,00 0.0% RCTC Development Agreement 0.00 0.00 0.00 0,00 0.00 0.0% 0.0% CV Violent Crime Task Force O.W 319,%1.00 0.00 88,6G1 16 000 2,OW.W 229,299.24 27.7% AS 939 Quimby 8,319,543. 00 127.91645 0W 8,191.626,55 1.5% Infrastructure 393,074,00 000 0,00 393,07400 0.0% Proposition iB 351623.W 12,897.32 000 33672568 3.7% South Coast Air Quality 65,568.00 416,026.00 (2.446.93) 0.00 0.00 0.W 68,014,93 416,026.00 -37% 0.0% CMAO 4.078,612.00 (133,370,29) 0,00 4,211982.29 -3.3% Transportation 7 100. W 1,945.50 0.00 5.154.50 27 4% Perks B Recreation 237,0MLI) 77,385,76 000 159,670.24 32.6% Civic Canter 9,500,00 2.750.28 0,00 7.04972 28.1% Library Development 000 0.00 0.00 0.00 0.0% Community Center _ 10,000.00 2,88T89 - 0.00 7, 112.11 28.9% Street Facility 2,200.00 110.17 0.00 208983 5.0% Park Facility 4,70000 1321.78 0,00 3,37822 28.1% Fire Protection Arts In Public Places 536,200.W 7.361.00 O.W 528,819,00 1.4% Interest Allocation COO 79,520,241.00 0,00 4.714,592.16 0.00 1.479,195,02 0.00 73,326,453. 82 00% 5.9% Capital Improvement 569,339.00 66,75263 O.W 522.58637 11.3% Equipment Replacement 518,354.00 170,28T05 0.00 348.066.95 329% Information Technology 182,234,00 CW OW 482,234.W 0.0% Park Maintenance Facility Park Mack 3,833,10800 1,065,64366 0.00 2,767,464.34 27.8% Golf Silv.RSilverRbo,ock 0.00 O.W 0,00 0,00 0.0% Reserve LO Public Safety Officer 2,000.W 0000.00 2,OW.00 00% Supplemental Pension Savings Plan 12,83300 12.832.86 000 0.14 3,229610.43 100.0% 60.4% La Quints Financing Authority 8,164.371.00 993,W1.00 4,934,7W.57 220.700,10 0.00 000 772,39090 0.00 La Quinla Housing Authonty 95,870.895.00 16,250,918.41 0,00 79,619,976.59 17.0% RDA Project Area No. 1 RDA Project Area No. 2 53.889,087.W 4,746,160,26 O.W 49,142,92674 88% as r•".? 055 3 CITY OF LA OUINTA 07001/2011 - IW3112011 GENERAL FUND REVENUES DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 1,764,800.00 153,642.72 1,611.157.28 8.710% No Lox Property Tax Disbibulion 3,922,500.00 344,353.21 3,578.146.79 - 8.780% Statutory Tax -LO 190,000.00 0.00 190.000.00 0.000% Statutory Tax -Riverside Cray 80.000,00 0.00 80,000,00 0.000% Sales Tax 5,352.000,00 781,941.69 4,570,158.31 14.61D% Sales Tax Reimbursement 1,784.000,00 0,00 1,764,000.00 0.000% Document Transfer Tax 441,500.00 94,132.43 347,367.57 21.32D% Transient Occupancy Tax 4.500,000.00 4D9,385.72 4,D90,614.28 9.100% Transient Occupancy Tax- Mitigation Measures 251,000.00 2,655,32 248,344,68 1.060% Franchise Tax 1457730.00 95,146.93 1,362,583.07 6.530% TOTAL TAXES 19.743,530.W 1,881.158,02 17,862371.98 9,530% LICENSE S PERMITS: Business License 296,400.00 91,257.90 207,142,10 30.580% Animal License 32,300.00 9,423.50 22,876.50 29.170% Building Permits 186300.00 54,208.50 13 091.50 28.79D% Plumbing Permits 24,400.00 7,335,00 17,065.00 30,060% Mechanical Permits 24,800.00 9,872,50 14,92750 39,810% Electrical Permits 25,200.00 8,234.59 16,965.41 32.680% Garage Sale Permits 16,100.00 5,430.00 10,671300 33.730% Mi.. Permits 39,900.00 12,455,09 27,444.91 31220% TOTAL LICENSES 6 PERMITS 649,400.00 198,217.08 451.182 92 30.520% FEES: Sala of Maps B Publications 1,885.00 176.65 1,708.35 9.370% Community Services Fees 428,844.00 195, 741.35 233,102.65 45.640% Finance 7,800.00 30.00 7,770.00 0.380% Bldg 8 Safety Fees 210,366,00 49,352,57 161,013.43 23,460% Bldg 8 Safety Lease Revenue 73,100.00 27,810,00 45,290.00 38.040% SMIP Administration Fees 250,00 27.89 222.11 41.160% Community Develolxnard Fees 55,800.00 16,045.56 38,954,44 30,190% Public Works Fees 200 05600 55 307.00 144 748.00 27 650% TOTAL FEES 978,100.00 345,291.02 632,808.98 36.300% INTERGOVERNMENTAL Motor Vehicle lnlieu - 3.315,000.00 21,976,06 3.293,023.94 0.660% Motor Vehicle Code Fines 112,900.00 11,982,27 100.917.73 10 610% Parking Violabons 42,900. DO 8,095.00 34,805.00 18,870% Mix. Fines 151,400.00 39.681,01 111 718.99 26.210% Federal Govt Grants 154,399.00 0,00 154,399.00 0.000% County of Riverside Grant 0.00 0.00 060 0.000% State of California Grant 11,892,00 3,258.64 8,633.36 27400% Fire Services Credit- Capital(10150003375010) 0.00 63,587.20 (63,587.20) 0.000% Fire Services Credit - Oyer (10150003375000) 5,028,178.00 1,074,097.26 3,954,080,74 21.360% CVWD 16,800.00 0.00 16,80000 0.000% CSA152 Assessment 253 000.00 257 408,47 (4,40847) 101.740% TOTAL INTERGOVERNMENTAL 9.086,469.00 1480,085.91 7,6116,383.09 16,290% INTEREST 1,043,900. 00 (93,150.23) 1,137,050,23 -8,920% MISCELLANEOUS Miscellaneous Revenue 16,400D0 14,864.18 1,535.82 90.640% AB939 92,400.00 0,00 92,400.00 0,000% Mitigation Measures 0.00 47,46060 (47,460,00) 0.000% Rental income 25,000.00 0.00 25,000.00 o000% Advertising Coop 25,WD W 4.200,00 20,800.00 16,800% Cash Over/(Short) 000 (5.54) 5.54 0.000% TOTAL MISCELLANEOUS 158,800.00 66,518.64 92,281.36 41,890% TRANSFERIN 18727981.00 12693387 18,601047.13 0.680% TOTAL GENERAL FUND 50.388,180.00 4,005,054.31 46383,125.69 T950% 056 0 CRY OF LA OUINTA 07/0112011-10/31/2011 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 10/31/11 REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 830,98900 218,567,25 0.00 612,421.75 26,30% CITY MANAGER'S OFFICE 492,411.00 159,483,25 0.00 332.927,75 32.39% DEVELOPMENT SERVICES 19,834,225. DO 547,127.74 0.00 19,287.0 TZ 2,76% MANAGEMENT SERVICES 1563241.W 707123.64 0.00 856117,36 45.23% TOTAL GENERAL GOVERNMENT 22.720,86 W 1632,301,83 0.00 21,088,564.12 7,15% CITY CLERK 574,071.00 188,674.01 3010.00 '2:N61.99 32.87% TOTAL CITY CLERK 574,071.W 188,671,01 3, 10.00 382,386.99 12.8 % COMMUNITY SERVICES PARKS& RECREATION ADMINISTRATION 1.018,522. DO 406,31623 6,54500 605,66017 39,89% SENIOR CENTER 422,560.W 139,248,51 000 283.311,49 32.95% PARKS & RECREATION PROGRAMS 334,820.00 188,284.40 0,00 146.535.60 56.23% LIBRARY 1.464,016. 00 230,507.50 0,00 1,233,508. 50 1574% PARK MAINTENANCE 1,077,556.W 374,405.11 10,800.00 693,1%89 34.75% MUSEUM 312,078.00 45,66126 0.00 266.412 4 11.63% TOTAL COMMUNITY SERVICES 4,629,552.W 1,384,429.01 11.945,61 3,228,577.99 29.90% FINANCE: FISCAL SERVICES 974,738.00 335,31525 0.00 639,422,75 34.40% CENTRAL SERVICES 340,191.00 144,781,16 000 195409.84 42.56% TOTAL FINANCE 1.314,929. 00 480,096. 1 0.00 834 ,832.59 36.51% BUILDING & SAFETY: BUILDING&SAFETY -ADMIN 282,327.00 91,239,31 000 191,087.69 3222% BUILDING 553,689W 198,490.30 0.00 .355.198,70 35,85% CODE COMPLIANCE 1,069,895. 00 377,166.67 0,00 692,728,33 35.25% ANIMAL CONTROL 459,697.00 157,118.21 0.00 302.578,79 34.18% FIRE 4.986,533.00 1,112,706. 73 0.00 3, 873.826,27 22.31% EMERGENCY SERVICES 195,392.00 65,188.01 0.00 130.203.99 33.36% CIVIC CENTER BUILOING-OPERATIONS 1,204,194.00 748,544.96 0.00 455.649,05 62,16% TOTAL BUILDING & SAFETY 8,751,727.W 2,750,454. 18 0.00 5,001,272.82 31.43% POLICE: POLICE SERVICES 12,873,180.00 935,228.21 0,00 11,937,951.79 7.26% TOTAL PUBLIC SAFETY 12,873,180.00 935,228,21 0.00 11,937,951.79 7,26% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 935,241.00 244,187.97 0.00 691,053,03 26.11% CURRENT PLANNING 567451.W 152614,92 000 414636.08 26.93% TOTAL COMMUNITY DEVELOPMENT 1.502:692.00 397,W2.89 0.00 1, 105:689.11 2642% PUBLIC WORKS PUBLIC WORKS ADMINISTRATION 579.532,00 176,625,73 0.00 402,906.27 30.48% DEVELOPMENT & TRAFFIC 603.874.00 193,048,72 0.00 410,825.28 31.97% MAINT/OPERATIONS- STREETS 2,873.672,00 1,094,146.19 0,00 1,779,525,81 38.07% MAINT/OPERATIONS- LTGILANDSCAPING 1,533,561,W 434,827,31 0,00 1,098,733.69 28.35% CONSTRUCTION MANAGEMENT 1742.295.00 525654.13 11,160,48 1205440.39 30.17% TOTAL PUBLIC WORKS 7,332,934.W 2.424, 342.08 11,160.48 4,89,431.44 33.06% TRANSFERS OUT 849,914W 173,871,69 000 676042.31 2046% GENERAL FUND REIMBURSEMENTS (6581991 W) (2091891,80) 0.00 (449()099.20) 31.78% NET GENERAL FUND EXPENDITURES 53967.874,00 8,274, 50856 30,715,48 45,662,649.96 1533% 057 5 CITY OF LA OUINTA 07101/2011 -1013112011 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,123,900.00 0.00 2,123.900,00 0.000% Con0'ibutions 00 0,00 0.60 0.000% 'Interest 6,400.00 (11770) 6517,70 -1.840% TOTAL LIBRARY 2,130, 300.W (117,70) 2.130,417,70 -0.010% GAS TAX REVENUE: Section 2105 205,200W 35,016A3 170,183.57 17.060% Section 2105 128,600.00 21,726.85 106,873.15 16,890% Section 2107 273.100.00 54,489.0 218,611.00 19.95D% Section 2107.5 6.000.00 0,00 6,000,00 0000% Section 2103 381,800.00- 66.469,16 315,330.84 17.410% Traffic Congestion Relief 0.00 0.00 0.00 0.000% Interest 200.W 0,00 20.W 0.000% TOTAL GAS TAX 994,900.00 177,701.44 817.198.56 17,860% FEDERAL ASSISTANCE REVENUE: CDBG Grant 145,833.00 0.00 145,833,00 0.000% Federal Stimulus 0.00 0.00 0.W 0,000% Interest 0.00 0,00 0.00 0J10% TOTAL FEDERAL ASSISTANCE 145,8W,00 0.00 145.833.00 0.000% JAG GRANT Gram Revenue 16,152.00 0,00 16,152.00 0,000% Interest 0.00 0.00 0,00 0.000% TOTAL JAG GRANT 16,152.00 200 16,152.00 0.000% SLESF(COPS) REVENUE: SLESF(Cops) Funding 100,000,00 0.00 100,000.00 O.OW% Interest 0.0 (4961) 4961 0.000% TOTAL SLESF(COPS) 1W,00.00 (4961) 100,04981 -0.050% INDIAN GAMING Gram revenue ! 105,644.00 0,0 105,844.W 000% Interest 0.0 0,00 O.W 0,00% TOTAL INDIAN GAMING 105.844.00 0,00 105,84410 0,00% LIGHTING i LANDSCAPING REVENUE: Assessment 964,219.W 25,180.83 939,038.17 2.610% Developer O.W 0.0 000 0.000% Interest 000 0.00 OCO 000% TOTAL LIGHTING 6 LANDSCAPING 964,219.0 25,180,83 939,038.17 2.610% RCTC RCTC Funding 0.0 0,0 O.W 0.000% Transfer in 000 0,00 O.W 0.000% TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.0 0,00 O.W 0.00% Interest OW 0.00 0.00 O.WO% Transferor - O.W 0,00 0,0 O.WO% TOTAL DEV AGREEMENT 0,0 0,00 0.00 0.00% CRIME VIOLENT TASK FORCE Member Contributions - Canyover 0.0 0,0 0.00 0.0130% Grant revenue -JAIB OW 000 0,00 0.003% CLET Lire O.W 0W 0,0 0.000% Asset Forfeiture -Slate Adjudicated 0,0 0.00 0,0 0.00% Interest 0.0 0.00 0.0 0.00% TOTAL CRIME VIOLENT TASK FORCE 0,00 0.00 0W D00% AS 939 REVENUE: AS 939 Fees 0.00 000 0.0 0.000% Interest 4,30000 (2,304,89) 6,604.89 -53.60% Transfer In 0.00 0.0 0.0 0.00% TOTAL AS 09 a. 058 07101/2011-10131/2011 CRY OF LA QUINTA. ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: Quimby Fees 30,000.00 0.00 30.000,00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 20,0D0.00 (17,497.68) 37,49768 -87.490% TOTAL QUIMBY 50,OOODO (17,497,68) 67.497.68 -35.ODO% INFRASTRUCTURE REVENUE: Utility refurW 0.00 0,00 0,00 0.000% Interest lww (785.50) 885.50 -785.500% Transfer in 0.00 0.00 0.00 0,000% TOTAL INFRASTRUCTURE 100.00 (785.50) 885.50 -785.500% PROPOSITION IS-SBI289 Prop 1B Grant 0,00 0.DO 000 0,000% Interest 0.00 0,00 0.00 0.000% TOTAL PROPOSITION 1 B SOUTH COAST AIR QUALITY REVENUE: S.C.AQ, Contribution 40,000.00 10,253.07 29,74693 25.630% MSRC Funding 25,368.00 0.00 25,36800 D000% Street Sweeping Grant 0.00 0.00 0,00 0.000% Interest 200.00 (166.69) 36669 -83.350% TOTAL SCAQ 65,568.00 10,086.38 55,481,62 15,380% CMA04STEA State Grants 416,026.00 199,246.68 216,779,32 47.890% Interest 0,00 0.00 0.00 0.000% Transferor 0,00 0.00 0.00 0.000% TOTAL TRANSPORTATION 416,02600 199,246.68 216,779.32 47.890% TRANSPORTATION Developer fees 441,500.00 9,650.00 431,850.00 2.190% Interest 1,80D.00 (7,89197) 9,691.97 438.440% Donations 80,000.00 0.00 80,000.00 0.000% Transfer in 0,00 0.00 0.00 0000% TOTAL TRANSPORTATION 523,30000 175603 521,541.97 0.340% PARKS d RECREATION Developerfees 89,200.00 4,460.00 84,740,00 5.000% Interest 0,00 0.00 0.00 0.000% Transferor 000 000 0,00 0900% TOTAL PARKS S RECREATION 89,200.00 4,460.00 84,740.00 5000% CIVIC CENTER Developer fees 127,600.00 4.975.00 122,625.00 3.900% Interest 0.00 0.00 000 0.000% Transfer in 0.DO 0,00 000 0,000% TOTAL CIVIC CENTER 127,600.00 4,975.00 122,625.00 3.900% LIBRARY DEVELOPMENT Developerfees 35,500.00 1,775.00 33,725.00 5.000% Interest 0.00 0.00 0.00 0.000% Transferin 0,00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 35,500.00 1 775.00 33,725,00 5.000% COMMUNITY CENTER Developer fees 7.400,00 370,00 7.030,00 5,000% Interest 5,900.00 (2271.28) 8,171.28 -38.500% TOTAL COMMUNITY CENTER 13,300,00 (1,901.28) 15,201.28 -14.300% M._ _ 059 OTM112011 .101311WI ll CITY OF LA OUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees 17,800,00 335,00 17.465.00 1.880% Interest 0.D0 0,00 000 0.000% Transfer In 2,20000 110.17 2,089.83 5.010% TOTAL STREET FACILITY 20,000.00 445.17 19,554.83 2.230% PARK FACILITY Developer fees 2,200.00 110.00 2.090.00 5.000% Interest 0.00 (0,14) 0.14 0.000% TOTAL PARK FACILITY 2,200,00 109,86 2.090.14 4.990% FIRE PROTECTION FACILITY Developer fees 29,800.00 700.00 29, 100.00 2,350% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 29,800.00 700.00 29, 100.00 2,350% ARTS IN PUBLIC PLACES REVENUE: .Arts in Public Places 97,500,00 7,473.09 90026.91 7,660% Arts in Public Places Credits Applied 0.00 0.00 000 0,000% Insurance Recoveries 0.00 0.00 0.00 0,000% Donations 0.00 0.00 0.00 0,000% Interest - 2,300.00 (1,680.62) 3,980.62 .73.070% TOTAL ARTS IN PUBLIC PLACES 99,800.00 5, 792.47 94,007,53 5.8M% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0,00 93,365,20 (93,365.20) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 93, 365.20 (93,365.20) 0.000% "• _ 060 U O7101/2011-10/31/2011 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND:. CVAG 2.674,622. 00 118,302.25 2,556,31975 4.420% CVWD 0.00 0,00 OCID 0.000% County of Riverside 0,00 0.00 0,00 0.000% Surface Transportation Funding 20292, 594. 00 1,212,377,52 19,080,216.48 5.970% City of Indio 0.00 0.00 000 - 0.000% DSUSD 0.00 O.W 0.00 0.000% HID 0.00 0.00 0,00 0.000% RCTC 0,00 0.00 0.00 0.OW% Vista Dunes Housing LLP 0.00 0,00 0,00 0000% SB821-Bicycle Path Grant O.W 0.W 0,00 0.000% State of California 000 0.00 O.W 0,000% APP Contribution O.W 0.W 0,00 0,000% Developer Agreement Funding 620,959,00 101,702.W 519,257.00 16.380% Litigation Settlements 0.00 O.W 0Do 0,000% Transfers in From Other Funds 55,932,08600 3282210.39 52649855.61 5.870% TOTAL CIP REVENUE 79.520,241.00 4,714,592. 16 74,805,648.84 32.640% EQUIPMENT REPLACEMENT FUND: Equipment Charges 589,338.00 589,338.00 0,00 100.000% Capital Contribution 0.OD 0.00 0.00 0.000% Sale of Fixed Asset 000 0.00 0.00 0.000% Insurance Recoveries 0.00 0,00 coo 0.000% Interest 6,100.00 13,250,48) 9,350A8 -53.290% Transfers In 25,368.00 0.00 25,36600 0,000% TOTAL EQUIPMENT REPLACEMENT 620,8W.W 585,087.52 34,718.48 94.410% INFORMATION TECHNOLOGY FUND: Charges for services 485,522.00 t85,621.65 0.35 100.000% Capital Contribution 0.00 000 O.W 0.000% Sala of Fixed Asset 0,00 000 O.W 0.000% Interest 3,800.00 (1,989,71) 5,789,71 -52.360% Transfers In 0.00 0,00 0. W 0.000% TOTAL INFORMATION TECHNOLOGY 489,322.00 483,531,94 5,790.06 W820% PARK EQUIPMENT & FACILITY Charges for services 0.00 000 0.00 0,000% Interest 2,700.00 (1406,65) 4,106.65 -52,100% Capital Contributions 0,00 0.00 OAO O.WO% TOTAL PARK EQUIPMENT S FAC 2,700.W (1406.65) 4,106.65 -52.100% SILVERROCK GOLF Green fees 3,326,983.W 346,610,52 2,980.372.48 10.420% Range fees 140,945.W 8,WZW 132,083.00 6,290% Resident Card 40,O0000 14,465,00 25,535.W MAW% Merchandise 321,653.00 34,947.55 286,715.45 10,860% Food S Beverage 12,000.00 O.W 12.W0.00 O.DW% Allocated Interest Income 0.00 0 W 0.00 0.000% Transfers In 0,00 O.W 0.00 0.W0% TOTAL SILVERROCK GOLF 3,841591.00 404,885,07 3,436,705.93 10.540% SILVERROCK GOLF RESERVE Interest 1, 800.00 (601.30) 2,401.W -33,410% Transfers In 66,540.00 0,00 . W,540.00 0.000% TOTAL SILVERROCK GOLF 6S340.00 (601.30) 68,941.30 -0Sao% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 100.00 (48.25) 148.25 48.2W% TOTAL LID PUBLIC SAFETY 2,1W.W 1,951,75 1"25 92,940% SUPPLEMENTAL PENSION SAVINGS PLAN Contributions 200,054.00 200,054.00 0,00 100000% Interest 90000 0,00 900.00 O.DW% TOTAL SUPPLE PENSION SAVINGS PLAN 200,954.00 200,054.00 900.00 59.550% 061 0 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 10/31111 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTERESTADVANCE 0.00 0,00 0,00 O.W CAPITAL PURCHASES 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 1.776,094.00 725,216,00 000 1,050,878,00 TRANSFER OUT 0.00 0.00 TOTAL. LIBRARY FUND GAS TAX CONTRACT SERVICES 0.00 0.00 0,00 O.W REIMBURSE GENERAL FUND 994,900.00 331,632.00 0,00 663,268.W TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL GAS TAX FUND FEDERAL ASSISTANCE FUND: TRANSFER OUT 145,833.00 -0.00 145833.00 TOTAL FEDERAL ASSISTANCE FUND 14583300 000 000 JAG GRANT TRANSFER OUT TOTAL JAG GRANT 61,181.W 1,933,87 0,00 59,247,13 SLESF (COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 100,000.00 0,00 000 100000.00 INDIAN GAMING FUND TRANSFER OUT 105, B44.00 000 0W 10584400 TOTAL INDIAN GAMING FUND 10564400 0,00 0,00 LIGHTING & LANDSCAPING ASSESSMENT DLST: REIMBURSE GENERAL FUND 1,002,996. 00 334,332.00 000 668.664.00 TRANSFER OUT 0.D0 0.00 000 0.00 TOTAL LTGILANDSCAPING FUND RCTC TRANSFER OUT O.W 0.00 0.00 0,00 TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION O.W 0,00 0.00 000 REIMBURSE GENERAL FUND 0.00 0.00 0,00 O.W TRANSFER OUT 000 0,00 0.00 0,00 TOTAL DEV AGREEMENT FUND CRIME VIOLENT TASK FORCE OPERATING EXPENSES 0,00 O W 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 000 TOTAL CRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 54,725,00 1613.82 2,WO.W 51,111.18 REIMBURSE GENERAL FUND 71, 58000 23,850.00 0,00 47,720.01) TRANSFER OUT 193656.00 63,18]9q O.W 130468.06 TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY &DO 0.00 0.00 O.W REIMBURSE DEVELOPER FEES 0.00 000 O.W 0.00 TRANSFER OUT 8,319,543. 00 127,916.45 0.W 8,191.626. 55 TOTALOUIMBV INFRASTRUCTURE FUND CONSTRUCTION ODD 0.00 O.W 000 REIMBURSE GENERAL FUND 0,00 0 DO 0,00 0 W TRANSFER OUT 393,074,00 OW 0.00 393.074.00 TOTALINFRASTRUCTURE PROPOSITION iB • SIB 1266 TRANSFER OUT TOTAL PROPOSITION I B FUND 351623.00 12,897,32 0,03 338,725.68 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 40.200.00 (2,446.93) 000 42,646.93 TRANSFER OUT 253 ,00 0,00 0,03 281:M.00 TOTAL SOUTH COAST AIR QUALITY 6b:5w Do CMAQ PROJECT EXPENDITURES O.W 000 O.W 0,00 TRANSFER OUT 416.026.00 OW 0.00 41602600 TOTAL CMAQ 416.026,W 000 O.W TRANSPORTATION PROGRAM COSTS 0,00 22,339.02 0,00 (22,339,02) CONTRIBUTION 000 000 0.00 000 TRANSFER OUT 407861200 I1117W 31) OW 4234321.31 TOTAL TRANSPORTATION 4:0(B-61200 3,37a20�-DIIi�4,2T 9B219 PARKS 6 RECREATION INTEREST ON ADVANCE 7,10000 1,945.50 0.00 5.154.50 TRANSFER OUT 000 0.00 0,00 000 TOTAL PARKS d RECREATION CIVIC CENTER SERVICES 0,00 000 0.00 ODD INTEREST ON ADVANCE 35,01W.00 10,03376 0,00 24,966,24 REIMBURSE GENERAL FUND 202,056,00 67,352.00 0.00 134,704.W TRANSFER OUT 0.00 0.00 O W 0,00 TOTAL CIVIC CENTER LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 O.W INTEREST ON ADVANCE - 9,800.00 2,750.28 0.00 7,049.72 TRANSFER OUT 0,00 0,00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT f•n.r 062 10 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 10/31/11 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 000 0.00 0,00 000 TRANSFER OUT 000 0.00 000 0.00 - TOTAL COMMUNITY CENTER STREET FACILITY PROGRAM COSTS 0.00 000 0.00 0.00 INTEREST ON ADVANCE 10,00000 2,887.89 0,00 7.112,11 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL STREET FACILITY PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0,00 TRANSFER OUT 2,200.00 110,17 0.00 2089.83 TOTAL PARK FACILITY FIRE PROTECTION INTEREST ON ADVANCE 4,700.00 1321.78 0,00 3,378.22 TRANSFER OUT 0,00 0.00 0.00 0.00 TOTAL FIRE PROTECTION DIF ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20,000.00 1, 351.00 0,00 18,649,00 OPERATING EXPENSES-APP 4,700.00 0.00 0,00 4,700.00 ART PURCHASES 111,500.00 6,030.00 0.00 105,470,00 TRANSFER OUT 400000.00 0,00 0.00 400000.00 TOTAL ART IN PUBLIC PLACES CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 78,750,639,00 4,693.352.36 1,479,195C2 72,578.091.62 PROJECT REIMBURSEMENTS TO GEN FUND 769,602,00 21.239,80 0.00 748.362.20 TRANSFER OUT 0.00 0,00 0,00 0.00 TOTAL CAPITAL IMPROVEMENT EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 415,386.00 66,752,63 000 348.633,37 DEPRECIATION EXPENSES 173,95300 0,00 000 173.953.00 CAPITAL PURCHASES 0,00 0,00 0.00 0,00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 351,25300 135328.71 0.00 212,924.29 DEPRECIATION EXPENSES 84,101.00 0.00 0.00 84,101.00 CAPITAL PURCHASES B3000.00 31,958.34 0.00 51,WAS TOTAL INFORMATION TECHNOLOGY PARK MAINTENANCE FACILITY OPERATING EXPENSES 50,000,00 0.DO 0.00 60,000,00 DEPRECIATION EXPENSES 432,234.00 0.00 0.00 432,234,00 CAPITAL PURCHASES 0.00 0.00 0.00 0,00 TRANSFER OUT 0.00 0.00 0.00 0,00 TOTAL PARK MAINTENANCE FAC SILVERROCK GOLF OPERATING EXPENSES 3,766.568,00 1.065,643.66 000 2,70g924.34 TRANSFER OUT 66,540.00 0,00 0,00 66,540.00 TOTAL SILVERROCK GOLF SILVERROCKGOLF RESERVE TRANSFER OUT - 0.00 0,00 0.00 000 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,D00.DO 0.00 0.00 2,000.00 SUPPLEMENTAL PENSION SAVINGS PLAN CONTRACT SERVICE TOTAL SUPPLE PENSION SAVINGS PLAN 12,833.00 12,832S6 0.00 0,14 ".� . 063 11 COUNCIL/RDA MEETING DATE: December 20, 2011 ITEM TITLE: Adoption of a Resolution Approving the City's Participation in the County of Riverside Mortgage Credit Certificate Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution approving the City's participation in the County of Riverside Mortgage Credit Certificate Program. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside Economic Development Agency (EDA) administers the Mortgage Credit Certification (MCC) Program, which provides qualified first time homebuyers with federal income tax credits in an amount equal to 15% of the home mortgage interest paid during the year. Since the tax credit amount directly reduces a homebuyer's federal income tax obligation dollar for dollar, lenders may increase the amount of a home mortgage loan to reflect the increased net income available for payment of principal and interest on the home loan. This may serve to either: a) increase the amount of the home loan (and purchase price); or b) reduce the homebuyer's loan qualifying ratios to enhance their credit worthiness. A detailed description of the MCC Program is provided as Attachment 1. The County's MCC Program guidelines require eligible jurisdictions to determine for each fiscal year period whether or not they would like to participate in the program. ".4-. Q64 La Quinta participated in the program for the last two years. Other participating Valley cities include Cathedral City, Coachella, Desert Hot Springs, Indio, and Palm Springs. Participation in the program would provide another tool, at no cost to the City, to assist in expanding homeownership opportunities for La Quinta residents. The only requirement is that the City gives notice of the program in a local publication twice a year. As in the past, the City will feature articles in the City, pages of The Gem, the Chamber of Commerce's monthly newspaper. The City of La Quinta may opt to participate in the MCC Program for Fiscal Year 2011 /2012 by adopting a Resolution of the City Council, and submitting it to the County EDA by January 5, 2012. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution approving the City's participation in the County of Riverside Mortgage Credit Certificate Program; or 2. Do not adopt a Resolution approving the City's participation in the County of Riverside Mortgage Credit Certificate Program; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development / Housing Manager Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Detailed description of County of Riverside's Mortgage Credit Certificate Program »..;. 065 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM WHEREAS, the Tax Reform Act of 1986 established the Mortgage Credit Certificate Program ("MCC Program") as a means of assisting qualified individuals with the acquisition of new and existing single family housing; and WHEREAS, pursuant to Division 31, Part 1, Chapter 3.5, Article 3.4 of the California Health and Safety Code Sections 50197 et seq, local issuers are authorized to issue Mortgage Credit Certificates ("Certificates") and administer the MCC Program; and WHEREAS, the Board of Supervisors of the County of Riverside adopted Resolution No. 87-564 on December 22, 1987 establishing a Mortgage Credit Certification Program; and WHEREAS, the Board of Supervisors of the County of Riverside has authorized the Riverside County Economic Development Agency ("EDA") to administer the MCC Program pursuant to the applicable federal, state and local policies and procedures, and to enter into those agreements necessary for efficient administration of the MCC Program; and WHEREAS, the County of Riverside ("County") will be applying to the California Debt Limit Allocation Committee ("CDLAC") for a mortgage credit certificate allocation on or before March 12, 2012; and WHEREAS, the City of La Quinta ("City") wishes to participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single-family housing located in the City of La Quinta in Riverside County; and WHEREAS, the adoption of the Resolution is necessary to include the City of La Quinta as a participating unit of general government under the County's MCC program; and WHEREAS, the City agrees to cooperate with the County of Riverside to undertake the MCC program within City jurisdiction to assist persons or households of limited income to purchase new and existing single-family residences located in the City. 066 Resolution No. 2011- Mortgage Certificate Program Adopted: December 20, 2011 Page 2 of 2 NOW, THEREOFRE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City by adopting this Resolution hereby gives notice of its election to participate in the Riverside County MCC Program. Section 2. The City of La Quinta agrees: a. To participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single-family housing in the City of La Quinta in Riverside County; and b. To assist the County of Riverside to market the MCC Program within the city's jurisdictional boundary by publishing a general public notice in the local newspaper at lease twice a year. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20' day of December, 2011, by the following vote: 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 p..� Q67 ATTACHMENT RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY MORTAGE CREDIT CERTIFICATE (MCC) PROGRAM Overview A Mortgage Credit Certificate (MCC) entitles qualified home buyers to reduce the amount of their federal income tax liability for an amount 15% of the mortgage interest paid during the year on their primary mortgage. The advantages to the home buyer include: The home buyer's federal income tax liability is directly reduced by the amount of the tax credit; . Home buyers can qualify more easily for a mortgage loan -lenders may factor in the tax credit when underwriting the loan application, which may allow the borrower to (i) qualify for a larger loan amount, or (ii) improve the borrower's loan qualifying ratios. If the amount of the MCC exceeds the homebuyer's tax liability, the unused portion of the credit can be carried forward to the next three years or until used, whichever comes first. Homebuyer Eligibility Criteria There are three basic criteria for determining a home buyer's eligibility for the MCC tax credits: 1. The borrower must be a first time Home Buyer defined as a person who has not had an ownership interest in improved -upon residential real property nor filed any mortgage or real estate related tax deductions during the most recent three (3) years.* 2. The borrower's annual income must fall within the program income limits as follows: ■ Max Income Outside Target Area' • Household w/ 1-2 persons: $70,400 • Household w/ 3+ persons: $80,960 ■ Max Income Inside Target Area • Household w/ 1-2 persons: $84,480 • Household w/ 3+ persons: $98,560 r Target Areas are census tracts designated by the Federal government to encourage investment. 7,.0._ _ 068 ATTACHMENT1 3. The home being purchased must fall within the program purchase price limits as follows: ■ Max Home Purchase Price • Outside Target Area: $450,000 • Inside Target Area: $550,000* *If the home is located in a Target Area census tract, then the first-time buyer limitation does not apply and the income and purchase price limits are higher. There are target area census tracts throughout Riverside County. The residence purchased in conjunction with a MCC must be the borrower's principal residence and may not be used as a business, rental or vacation home. The home may be a new or re -sale, detached or attached single-family home, condominium unit, a co-op unit, or a manufactured home on a permanent foundation. The home must be located in unincorporated County or within the City limits of participating cities. Mortgage Credit Certificate Application Process The jurisdiction in which the home is located must be a participant in the County MCC program administered by the EDA. The application process is as follows: 1. Borrowers must apply for a MCC through a Participating Lender. 2. The Participating Lender will perform an initial qualification and assist the borrower in completing the MCC submission forms. 3. Buyer makes offer on home and goes into escrow. 4. The Lender then submits the MCC application to the County. 5. The County reviews Borrower and property qualifications and, if they meet the program guidelines, issues a letter of commitment to the Lender. 6. The Commitment Letter must be issued prior to the close of the loan. 7. The loan must close within 60 days of the commitment. 8. Upon loan closing, the Lender submits the MCC Closing Package to the County and the County issues the MCC, with the Lender and borrower each receiving a copy. 9. The borrower may then claim the tax credit on their Federal Income Tax Returns. 10. Borrowers can receive the money annually as a tax refund or adjust their W-4 withholding form to receive the benefit via an increased pay check. "•� _ 069 ATTACHMENT The following table illustrates how a MCC may increase a borrower's "effective home buying power": Effective Home Buying Power With and Without an MCC Without With MCC MCC First Mortgage Amount $300,000 $300,000 Mortgage Interest Rate 7% 7% Monthly Mortgage (Principal & Interest $1,996 $1,996 Only) MCC Rate N/A 15% Monthly Credit Amount N/A $262.25 "Effective" Monthly $1,996 $1,733.75 Mortgage Payment Annual Income Needed * $85,542 $74,304 Annual Income Needed is based on monthly Principal and Interest (P&I) not exceeding 28% of monthly income. .p.�� 070 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 20, 2011 BUSINESS SESSION: ITEM TITLE: Acceptance of a Quitclaim Deed from Costco Wholesale Corporation Pursuant to which Costco CONSENT CALENDAR: is Quitclaiming its Interest in a 1941 Pipeline Easement STUDY SESSION: that is No Longer in Use in Order to Assist the City Clear Title to its Adjacent Property PUBLIC HEARING: RECOMMENDATION: Accept a Quitclaim Deed (Attachment 1) from Costco Wholesale Corporation pursuant to which Costco is quitclaiming its interest in a 1941 pipeline easement that is no longer in use in order to assist the City clear title to its adjacent property and authorize the Interim City Manager to execute the acceptance of the Deed. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: During the negotiation of the Coral Mountain Partner's Development and Disposition Agreement (DDA), the La Quinta Redevelopment Agency (Agency) discovered that the property to be sold pursuant to the DDA was encumbered by a 1941 pipeline easement. Fidelity Title Company agreed to remove the easement from title if Costco, the owner of the adjacent real property, would execute and record a quitclaim deed in favor of the Agency. Costco agreed, and the easement has been removed from title. Several months after the easement encumbering the Agency property was removed from title, the City discovered that a similar 1941 pipeline easement encumbered the 071 adjacent real property owned by the City. In the past couple of months, the City Attorney's office has worked with Chicago Title Company, the issuer of the City's current title insurance policy, to issue an endorsement for this easement. Chicago Title Company agreed to issue the endorsement on the execution and recordation of quitclaim deeds by both Costco and the Agency (the adjacent property owners). Costco has executed the quitclaim deed prepared for its signature. Attachment 2 shows the Costco property (Parcel 1). This quitclaim deed may be recorded once the City Council authorizes the Interim City Manager to "accept" the conveyance. As we have indicated in earlier reports regarding AB 1 X 26, the Agency is currently prohibited from taking certain actions, including disposing of any interest in real property. The Agency's execution of the quitclaim deed prepared for its signature would be strictly for purposes of cleaning up the title to the City, rather than a true conveyance of an interest real property. Nevertheless, the City Attorney has advised City and Agency staff to delay execution of the quitclaim deed until the California Supreme Court issues its decision on AB 1 X 26. At that time, assuming a favorable ruling by the Court, staff anticipates returning to the Agency Board to request authorization to execute the quitclaim deed prepared for the Agency's signature. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a quitclaim deed from Costco Wholesale Corporation pursuant to which Costco is quitclaiming its interest in a 1941 pipeline easement that is no longer in use in order to assist the City clear title to its adjacent property and authorize the Interim City Manager to execute the acceptance of the deed; or 2. Do not accept a quitclaim deed from Costco Wholesale Corporation pursuant to which Costco would quitclaim its interest in a 1941 pipeline easement that is no longer in use in order to assist the City clear title to its adjacent property and do not authorize the Interim City Manager to execute the acceptance of the deed; or 3. Provide staff with alternative direction. Respectfully submitted, �:;imothy on n, P.E. Public W s Di ctor/City Engineer 1$- 072 Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Quit Claim Deed 2. Sheet 3 of Parcel Map No. 33960 "•.. 073 I ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of La Quinta P.O. Box 1504 La Quinta, California 92247 Attn: City Clerk [Space Above for Recorder's Use] [Exempt from Recordation Fee per Gov. Code § 27383] [Exempt from Documentary Transfer Tax per Rev. & Tax. Code § 119221 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt. of which is hereby acknowledged, COSTCO WHOLESALE CORPORATION, a Washington corporation ("Grantor"), does hereby remise, release and forever quitclaim to CITY OF LA QUINTA, a California municipal corporation and charter city, all of Grantor's right, title and interest in and to the rights reserved by and in that certain document recorded in the official records of Riverside County on November 3, 1941, in Book 522, Page 68, only insofar as said document affects the real property described as follows: Refer to Exhibit "A" attached hereto and incorporated herein by this reference. This conveyance is made subject to all matters of record. "Grantor" COSTCO WHOLESALE CORPORATION, a Washington corporation By: rW7_ Its: -I- . 074 State "�� Countyy of } ,, tt On 0dohe r 311 AbI1 , before me, Wee "tt ow , Notary Public, /� (¢¢�,,mitt name and title of he officer) personally appeared Bruce c.,c�e I > who proved to me on the basis of satisfactory evide ce to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [1kiSNi n �rl I certify under PENALTY OF PERJURY under the laws of the State of Gatif6mM that the foregoing paragraph is true and correct. WITNESS to hand and official seal. (seal) -2- ..n-: 075 EXHIBIT "A" TO QUITCLAIM DEED LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF LA QUINTA, DESCRIBED AS FOLLOWS: PARCEL I AS SHOWN BY PARCEL, MAP NO. 33960, ON FILE IN BOOK 216, PAGES 59 THROUGH 61 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA -3- N.:, _ 076 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property and other interests conveyed by the foregoing Quitclaim Deed executed on from COSTCO WHOLESALE CORPORATION, a Washington corporation, the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), is hereby accepted by the undersigned Interim City Manager of the City on behalf of the City, pursuant to authority conferred by Resolution No. 2002-86, adopted June 18, 2002, and the City consents to recordation thereof by its duly authorized officer. DATED: CITY OF LA QUINTA, a California Municipal Corporation By: _ Name Mark Weiss, Interim City Manager City of La Quinta, California I HEREBY ATTEST to the authenticity of the foregoing signature and to the said adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by a subsequent Resolution or order of the City. DATED: Veronica J. Montecino, CMC, City Clerk City of La Quinta, California State of California County of Riverside On the day of , 2011, before me, SUSAN MAYSELS, Notary Public, personally appeared MARK WEISS who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) DOCUMENT: QUITCLAIM DEED from Costco Wholesale Corporation for Parcel 1 of Parcel Map 33960 ATTACHMENT 2 fEFT ] 6 ] 1Q19 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 33960 s 29 Bf7NC SUBgN910N 6 A Pdtl10Y RM SOIITYEA9T WARIER OP SECTION TOMN9HIP 5 SQUM. RANGE ) EAST, 59.Y. J TEARY L U91TGN, L5. 3SA FVSCCE ENQIFflNIC, WC. AYAYE fEONWAY fi — �- mrT,A icwi ul e s x e Ili sn - PARCEL 4 21N AC. PARCEL g SIN AC. II ■gy5� y IOC G 9J' tOR E' i Amm YN6fIilMWdf MJ16 I F / � i m.Olf MG GHGI IURS � MmO A.WYmIf ♦ IIAYILY NIiL ITAY YY6 x MO6R V / OCM MO WIOM tlRMr. A R 4EYm �Y x NI�i xR r6N1 l M �A IE O x aslo xrlla meal NmmmYu rmcoouv to ommosr / r xo r,zmvuua olY:�ww«m�m,v wrvn` o�u'•wmwa wrulc- l®Of'r""�Im'a lol run,c wcs,wrax ,esv wfmorrsm KmOsm wr c�Isr�lmr. ar®nlm a®ue wum�wla my / / PAARCEL 1 '4 AL -----r---T=,�.ola--- / /MlY6iule® PARCEL f / O.M AQ // / wsm wsaulu�R oa iv s.rm�ma: �w 6' b j / / / 6 / oA wlrr II, i� w[ w re OBlmt lClp, y( rG a, i f b l r RATE HK MAY M A t ARCEL'A•EEEMIIAYAE O]DYAC. I i `6 r!Y yL�'g PprmLKC 1�lAt YW ■ I PAI1m A a _ {} DUAL 1W —RTC PARC6 ] '�gp� j' : ] 078 T"dr^FlaQ AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 20, 2011 BUSINESS SESSION: ITEM TITLE: Acceptance of Highway 111 Median Island Landscape Project, Project No. 2009-03 CONSENT CALENDAR: 1D STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept Highway 1 1 1 Median Island Landscape Project, Project No. 2009-03, as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $67,1 18, thirty- five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $1,321,624 Reimburse General Fund/Personnel & Services I$ 49,040) Design Costs as of 10/31/11 ($ 117,296) Anticipated Inspection, Testing, Survey & Plan Costs ($ 28,000) Estimated IID/CVWD Utility Installation Costs ($ 39,000) Project Budget Amount Available $ 1,088,288 Revised Contract Amount 1$ 678,679) Project Budget Amount Remaining After Construction Efforts $ 409,609 Original Construction Contract Amount $ 667,748 Contract Change Order No. 1 &2 $ 8,322 Pending Contract Quantity Change Order No. 3 $ 2,609 New Contract Total $ 678,679 Amount Paid to Contractor to Date ($601,713) Total Remaining Fiscal Commitment to Contractor $ 76,966 1 Year Maintenance Period (No Retention Held) ($ 7,500) Total Retention to be Released (Less Maintenance Period) ($ 67,118) Contract Amount Remaining to be Billed by Contractor $ 2,348 ..Is . 079 Adequate funding is available to pay the contractor's remaining billing ($2,348) and retention ($67,118) for project closeout. CHARTER CITY IMPLICATIONS: The project was funded by a loan from Redevelopment Project Area Number 2 to the Transportation Developer Impact Fee Fund. As a consequence, the project was advertised as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The project is located on Highway 111 between Adams Street and Jefferson Street (Attachment 1). The proposed improvements included the installation of landscape, irrigation, and accent lighting within the recently constructed median islands. The Consultant's scope of work included a work objective to update the Highway 111 Landscape Design Guidelines for the limits of Highway 111 within the City's corporate boundary. The landscape palette was established from the plant palette approved by the City Council as a result of the updated Highway 111 Landscape Design Guidelines. The project limits are jointly owned by the City of La Quinta (95%) and the City of Indio (5%). On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a). The Highway 111 Median Island Landscape Improvements are included within the adopted CIP and scheduled for funding during Fiscal Year 2009/2010. On June 14, 2010 City Council acted to: a. Adopt a Resolution of the City Council of the City of La Quinta, consenting to the expenditure of funds by the La Quinta Redevelopment A9ency for the Highway 111 Median Island Landscape Improvements, making certain findings pursuant to Health and Safety Code Section 33445(a) with respect to the Agency's expenditures, approving a Financing Agreement with the La Quinta Redevelopment Agency; and b. Approve the PS&E and authorize staff to advertise for bid the Highway 111 Median Island Landscape Improvements, Project Number 2009-14; and c. Authorize City Manager to award a construction contract, up to the amount of $1,078,000, to the lowest responsive bidder. On February 1, 2011, the City Council adopted the Highway 111 Corridor Landscape Design Guidelines and directed staff to proceed with the design phase of the Highway 111 Median Island Landscape Improvements (Adams Street to Jefferson Street), Project 2009-03. Staff recommended the Highway 111 Median Island Landscape n .j 080 Improvements be partially funded with a loan from RDA Project Area No. 2 funds. No other funding was available to replace these funds. Staff wished to proceed expeditiously with this project in order to allow the majority of the work to be completed over the summer months. On June 28, 2011, the La Quinta City Manager awarded a contract for $667,748 to Marina Landscape, Inc. to construct the Highway 111 Median Island Landscape Project, Project No. 2009-03. On August 8, 2011, a Notice to Proceed was issued with a ninety (90) working day contract completion time starting August 15, 2011, and ending on December 23, 2011. Contract Change Orders No. 1 & 2 extended the project for a total of zero (0) working days. The project was deemed substantially complete on November 30, 2011. As per project specifications Section 1500-3.2, no liquidated damages or early completion incentives are recommended. Contract Change Orders No. 1 & 2 were issued to allow for the upgrade in size of the landscape edging, installation of flow sensors and sleeves, as well as the removal of asphalt encountered in the median while excavating tree pits. Contract Change Order No. 3 was issued for a Contract Quantity Adjustment between the bid quantities and the actual quantities installed, and the installation of pullboxes and the relocation of a tree light. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Accept the Highway 111 Median Island Landscape Project, Project No. 2009-03 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $67,118, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept Highway 111 Median Island Landscape Project, Project No. 2009-03 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to 1'p •J �% 081 release retention in the amount of $67,118, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. o ass P.E. Public Works irector/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Vicinity Map M.;.. 082 ddVICINITY MAP ate° TT a Al , y j � u 1 E� fqL• �e ' _ �. 's 7 � { it..,,..s.. -. d x Legend PROPOSED MEDIAN LANDSCAPING 083 I COUNCIL/RDA MEETING DATE: December 20, 2011 ITEM TITLE: Approval of a Grant Deed Conveying Title for Property Located on Avenida Montezuma and Avenida Navarro (APN 773-077-013) from the City of La Quinta to the La Quinta Housing Authority RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 7 STUDY SESSION: PUBLIC HEARING: Approve a grant deed conveying title for a property located on the northwest corner of Avenida Montezuma and Avenida Navarro (APN 773-077-013) from the City of La Quinta to the La Quinta Housing Authority and authorize the Interim City Manager to execute the grant deed (Attachment 1). FISCAL IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The .37-acre vacant parcel was purchased by the City with Redevelopment Agency funds in June 2011. The City is in the process of merging City -owned and Housing Authority -owned properties that are adjacent to each other in the Village thus creating larger, more developable parcels. This parcel is one of two properties in the Village that are being merged (Vicinity Map - Attachment 2); the other is owned by the Housing Authority. In order to proceed with the parcel merger, both parcels must be under the same ownership. In the future, the goal is to develop this property with affordable housing and therefore, this property should be conveyed to the Housing Authority. M 084 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the grant deed conveying title for property located on Avenida Montezuma and Avenida Navarro (APN 773-077-013) from the City of La Quinta to the La Quinta Housing Authority and authorize the Interim City Manager to execute the grant deed; or 2. Do not approve the grant deed; or 3. Provide staff with alternative direction. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Attachments: 1. Grant Deed 2. Vicinity Map Approved for submission by: Mark Weiss, Interim City Manager n..,. 085 ATTACHMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: La Quinta Housing Authority Box P.O. Box 1504 La Quinta, California 92247 Attention: Secretary SPACE ABOVE THIS LINE'FOR RECORDER'S USE. (EXEMPT' PROM RECORDERS FEE PURSUANT 1-0 GOVOMMEN I- CODE SECTIONS 27383 AND 6103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF LA QUINTA, a California Municipal Corporation and Charter City (the "Grantor"), hereby grants to the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic ("Grantee"), that certain real property located in the City of La Quinta, County of Riverside, State of California, described in the legal description attached hereto as Attachment No. I and incorporated herein by this reference, with all improvements thereon (collectively, the "Property") subject to all matters of record, and further subject to the following: A. Conveyance in Accordance With Redevelopment Plan. The Property is conveyed in accordance with and subject to the Redevelopment Plan for Project Area No. i ("Redevelopment Plan"), a copy of which is on file with the City Clerk of the City of La Quinta, California. All uses on the Property shall conform to the uses permitted by the Redevelopment Plan. The foregoing shall remain in effect until the expiration of the Redevelopment Plan. B. Nondiscrimination. Grantee, on behalf of itself and its successors and assigns to all or any portion of the Property, covenants and agrees as follows: 1. Nondiscrimination Covenants. That there shall be no discrimination against or segregation of any person, or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any pall thereof, nor shall Grantee, or any person claiming under or through him or her, establish or permit any'such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land. 2. Nondiscrimination Clauses in Agreements. Grantee agrees for itself and any successor in interest that Grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases or 882;1)I5610.0046 -1- O 8 6 contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: i. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." ii. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." iii. In contracts relating to the sale transfer, or leasing of the land or any interest therein: "There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." The foregoing nondiscrimination covenants shall remain in effect in perpetuity. [Signatures on next page] 883:015610.0046 _2_ 087 2654210.1 n1122111 •• i1 ./ "Grantor" CITY OF LA QUINTA, a California Municipal Corporation and Charter City politic m City Manager ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney "Grantee" LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic By: Executive Director ATTEST: Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LI.P Authority Counsel 881'015610.046 _3_ Q Q 2G9U10.1 a1,22/11 1/ O V V State of California ) County of ) On , before me, ; Notary Public, (here insert name and title ohhe officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 892M15610-0046 _4_ 26512101 aIV22i11 •. n 1 089 ATTACIIMFNT NO. 1 LEGAL DESCRIPTION OF PROPERTY THE LAND REFERREDTO HEREIN BELOW IS SITUATED IN THE IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel 1: Lots 1, 2, 3 and 4, in Block 129, Unit 14, Santa Carroelita at Vale La Quinta as per Map recorded in Book 18, pages 82-83 of Maps, Records of Riverside County, California. 182,015610-0046 165:1210.1 a11122/11 -5 ., 090 GRANTEE'S ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated 2011 from the CITY OF LA QUINTA, a California Municipal Corporation and Charter City (the "Grantor"), to the LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic (the "Grantee"), is hereby accepted by the undersigned officer or agent on behalf of the Grantee pursuant to authority conferred by Resolution No. adopted by the Governing Board of the La Quinta Housing Authority on , and the Grantee consents to recordation thereof by its duly authorized officer. Dated: By: Executive Director 882.N I56 10.0096 _6_ O l ).GS.pl0l a1112?HI O , 1 ofi XP aamraj a r'£,y OF .I.�y,9W AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: December 20, 2011, p CONSENT CALENDAR: ITEM TITLE: Approval of the Declaration of Surplus Property STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale, and if unsold, to dispose of the property by other legal means. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 1►rein BACKGROUND AND OVERVIEW: The City has accumulated obsolete and non-functional property items over the last six months. The equipment has little or no market value and in accordance with Section 3.12.320 of the Municipal Code, the City may dispose of the equipment by auction, by sale or otherwise after receiving bids and proposals. Staff is proposing advertising the surplus equipment in The Desert Sun newspaper and receiving sealed bids. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 4. 093 1. Approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 2. Do not approve the Declaration of Surplus Property declaring the items listed in Attachment 1 as surplus and authorize staff to advertise its sale and, if unsold, to discard of the property by other legal means; or 3. Provide staff with alternative direction. Respectfully submitted, A-4m 4nitt� John M. Falconer, Finance Director Approved for submission by: Kd-�O�- Mark Weiss, Interim City Manager Attachment: 1. Declaration of Surplus Property , 094 ATTACHMENT °'v 'Od' LLO M CoN a Y 0 Y 0 Y 0 Y Y Y 0 Y 0 Y 0 Y Y Y Y Y Y N N O O O O O O O o O C ; O O O O O .�C3+ O 3+ le Y W Ye a3 Y ( I O O O O O O o Cp o C O C OO O 0 C3 � C3 O +C3+ O C3+ O C3+ OO O 0 �CC N N m ) y N m m m N m to m N m N m Y m m m m m m coca 0 �?� 0000a0 OD ». (O e— N O) LO M MOD (O n M U) he C1 (O ONO d'O0M O) (OO d'I-000 M 00 � N n N M (O 00 N O O O) _ _ M 1't O It M o OD O) t N d- O) r� M a (p N p O N CO�00 00 O) 0)It t(O d) (O N(OM(000)LO 0 N 00 M M LD c} CD 1� NOD CO U7 00 co M D7 00 O N NMN-tON a MMMN000) O QCJFM(7 M M M M M O N M N N N M O o N 0 (pUaMO O O 000C', 0 000cn��o .,= 0 00 0 O 000D�.-O J ULLjED , " m t m � mt m m m m m m m o N 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 O m m m m m m a as Cl aaa a Cl aaaaaaa �+- E E E E E E E E E E E E E E E E o o c c o c r- p 0 0 0 0 0 0 O O O O 0 0 0 0 0 g LL a n. a a LL U U U U U U U U U U U U U U U U °.. a N (O 'i a. N :s = C7 t N LL O C L L-C� C7 C n 0Q(DNOQ .L ) t U L C7 O N 1 � N Y 0 -`.V.0 cO�(OaNO�Uta�a dd� J C000 mQNNN m 0� mC7 N 1� >a > cN j��LO 00 m :Et;P O d d d O °) a 0 a d LL ^ N m Cm M C C _ U C - O E 4.Q Q Q vfl !1L ?? T T? ? T T? o T T ? Co m m m m m m m m m m_ (0 m m m N C m C m m 3 3 3 3 3 3 3 3 3 3 3> 3 3 3U 3 p'� pY'� N m U (D �' C m C y m m m m m m m m m m m m m m m m N Y m Cu W U N m (a U m O N m J C7 C70007007 (D (DC7C7 LL (D00 C7 Z a Y _ = t (�, • _ 095 aD E a .5 Q W N 7 a y M _ 096 097 cep 4 XP Qu&r6i AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 20, 2011 ITEM TITLE: Acceptance of Grant Funds from the California Indian Gaming Special Distribution Fund RECOMMENDATION: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept grant funds in the amount of $105,844 from California's Indian Gaming Special Distribution Fund toward continuation of salary and benefits for an additional motor officer to assist with increased traffic generated by patrons traveling to and from the Augustine Casino, via City roadways. FISCAL IMPLICATIONS: Grant funds will be disbursed directly to the City by the State Controller's Office, and will be placed in a separate fund to track the expenditures (101-5054-421.36-20) as required by the Fiscal Year 2011 /2012 Grant Agreement between the City and, the Riverside County Indian Gaming Local Community Benefit Committee (Attachment 1). There is no local match required. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Senate Bill 856 established the method of calculating the distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming. The bill required each county's Indian Gaming Local Community Benefit Committee to submit to the State Controller a list of approved projects, upon which the Controller would release the funds directly to the chosen local government entities. SO On February 16, 2010, City Council authorized the filing of a grant application with the Indian Gaming Local Community Benefit Committee for funding based on the City's proximity to the Augustine Casino. The Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's grant application. The City was notified via letter dated November 17, 2011 that it was approved to receive $105,844 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept grant funds in the amount of $105,844 from California's Indian Gaming Special Distribution Fund toward continuation of salary and benefits for an additional motor officer to assist with increased traffic generated by patrons traveling to and from the Augustine Casino, via City roadways; or 2. Do not accept grant funds in the amount of $105,844 from California's Indian Gaming Special Distribution Fund toward continuation of salary and benefits for an additional motor officer to assist with increased traffic generated by patrons traveling to and from the Augustine Casino, via City roadways; or 3. Provide staff with alternative direction. Respectfully subm Management Approved for submission by, Mark Weiss, Interim City Manager N 099 Attachment: 1. Letter and agreement with Riverside County Indian Gaming Local Community Benefit Committee dated November 17, 2011 -.a.� 100 Committee Members John J. Benoit, Chairman 4fb District Supervisor Butch Murphy Council Member, Pechanga Band of Luiseno Indians Ron Roberts Mayor, Temecula Jeff Stone V District Supervisor Maurice Lyons Morongo Band of Mission Indians John Machisic Council Member, Banning Steve Pougnet Mayor, Palm Springs Alternates Scott Cozart Chairman, Soboba Band of Luiseno Indians Marion Ashley 5th District Supervisor Vacant City Council Member Attachment 1 R� County i i NOV 3 0 2011 Indian : y� .a rtalYttrifity B®nefitmittee 4 �.yr �• rj / � � 1, ]'t frl To: Indian Gaming Mitigation Grant Recipients From: Jennifer Sargent, Principal Management Analy Community Benefit Committee Staff Date: November 17, 2011 Subject: Fiscal Year 2011/12 Grant Agreement (State grant fiscal year 2010/11) The Senate Bill 856 Indian gaming mitigation grant agreement between your agency and the Riverside County Indian Gaming. Local Community Benefit Committee is attached for signature. The agreement must be signed by an individual authorized to enter your agency into a binding agreement. Once signed, please return the original document to my attention at the address shown below. The template for quarterly project reporting is also attached, for your convenience (or find it on our website: www.Riverside- TribaICBC.org). If additional information/clarification is needed, please don't hesitate to call me at (951) 955-1115 or write JSaraent(MCE0.0ra 4080 Lemon Street • 4'h Floor • Riverside, California 92501 • (909) 955-1110 • Fax (909) 955-1105 -.N., 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC) AGREEMENT GRANT OF FUNDS — Fiscal Year 2011/2012 RECIPIENT: City of La Quinta (AU04-10) The local jurisdiction designated above ("Recipient') is hereby approved for a grant of funds in an amount not to exceed $105,844.00 as sponsored by Agua Caliente Band of Cahuilla Indians, Cabazon Band of Mission Indians, Morongo Band of Mission Indians, Pechanga Band of Luiseno Mission Indians, Soboba Band of Luiseno Indians and Twenty -Nine Palms Band of Mission Indians and certified by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), pursuant to California 2003 Senate Bill 621 ("SB 621"), California 2005 Senate Bill 288 ("SB 288"), California 2008 Assembly Bill 158 ("AB 158"), California 2010 Senate Bill 856 ("SB 856") to provide services as set forth in Attachment A (attached hereto and in Application, with attachments thereto,) as incorporated herein by reference, subject to the following terms and conditions: IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement. Authorized Signature for Committee: Authorized Signature for Recipient: a &Signi Printed e ofJrs John J. Benoit Printed Name of Person Signing: Title: Chairman, Community Benefit Committee Title: Date: NOV 1 5 wn Date: BY.. A4Tf3L—WATTS-tiA N �DA E „:� _ 102 4 11 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. NOTICES All correspondence and notices required or contemplated by this grant shall be delivered to the respective parties at the addresses set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: Committee: Recipient: County of Riverside Executive Office City of La Quinta Attn: Jennifer Sargent Oscar Santana 4080 Lemon Street, 4`' 78-495 Calle Tampico Riverside, California 92501 La Quinta, CA 92253 Or to such other address(es) as the parties may hereafter designate 2. SOURCE AND SCOPE OF FUNDING A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from the California State's Indian Gaming Special Distribution Fund for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State of California, which may affect the provisions, terms or funding of this Agreement in any manner. B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. C. The Committee retains the option to amend this Agreement to reflect any reduction of funds. D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office. 3. TERM The term of this Agreement shall be from July 1, 2011, to and including June 30, 2012. Recipient shall perform all work and requirements as stated in Paragraph 6 (below) by June 30, 2012, however, the completion date for projects may be extended by Committee. Recipient of multi -year grants shall also perfomr all work and requirements as stated in Paragraph 6 by June 30rh of each year, however, the completion date for projects may be extended by Committee. This Agreement shall be subject to termination by Committee immediately upon notice to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of the Agreement except by either formal amendment or certified grants on multiyear basis as expressly approved by the Committee. 4. TERMINATION 1) Termination for cause: a. Due to Default or Breach of Agreement. Upon default by the Recipient in the performance of this Agreement or material breach of any of its provisions, Committee may, at the Committee's sole discretion, terminate this Agreement by written notice, which shall be effective upon receipt by Recipient. b. Due to State's Non -Appropriation. Termination may occur if no funds or insufficient funds are available for payments. Termination shall be effective immediately upon written notification of a decrease or elimination of funds. n: 103 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. DEFINITIONS "Recipient" means any city, county department or special district to which an Agreement is awarded and which shall be accountable to the Committee for the use of funds provided. 6 SCOPE OF WORK/PERFORMANCE AND REQUIREMENTS OF RECIPIENT A. Incorporation by Reference of the Application Submission of Recipient. The application submission of Recipient is hereby incorporated by reference to the extent that the application has not been altered or amended by the provisions of Attachment A hereto. B. Requirements per S.B. 621, S.B. 288 and A.B. 158. (1) Recipient shall not use any part of this grant money for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account (ITCA) the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall again be made available for qualified nexus grants. (2) Recipient shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant is derived. For Recipients of the 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County paying tribes shall be credited on such public notice, in addition to the Tribe to which application was made. (3) Recipient shall deposit all funds received in an interest bearing account and use the interest from those funds for the mitigation project described in Attachment A. (4) City/County school districts and community college districts are specifically prohibited from receiving Special Distribution Fund. (5) Should Recipient use a grant for any unrelated purpose, the grant shall terminate immediately and any funds not yet spent shall revert to the Indian Gaming Special Distribution Fund. 7. REIMBURSEMENT OF FUNDS Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to fully reimburse any and all funds received from the State Controller's Office where such funds are not or have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB 621, SB 288 and AB 158. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or the State. 8 FISCAL AUDIT, REPORT AND RECORDS A. Every Recipient of funds shall provide the Committee with a quarterly financial report. A template for the quarterly financial report will be provided to recipient. A quarterly financial report shall be submitted to the Committee on: September 29, 2011, January 15, 2012, April 15, 2012 and July 15, 2012. B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit covering the fiscal year in which funds are received or services provided, pursuant to this ».; 104 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement. Such audit shall be performed by an independent auditor, using generally accepted accounting principles. C. Every Recipient of funds shall provide the Committee an annual report of services performed through the use of the grant funds. This report shall contain all information required to enable the Committee to perform its duties. D. The financial audit and report of services performed shall be submitted to the Committee Chairperson, or designee, on or before August 31, 2012. D. The Committee reserves the right to conduct its own audit pertaining to the use of grant moneys by the Recipient. E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully cooperate with this audit and shall provide all requested information and/or documentation. F. Recipient shall retain such reports and all records associated with this Agreement for at least five (5) years following the close of the fiscal year for which this Agreement is in effect or until any County, State or Federal audit(s) is/are completed, whichever is later. This obligation is not terminated upon termination of this Agreement, whether by recession or otherwise. Recipient agrees to require any subcontractors to retain all records associated with the Agreement for the same time period. G. Books and records shall be maintained in accordance with general accounting standards for books and record keeping. 9. PUBLIC DISCLOSURE OF DOCUMENTS Recipient acknowledges and agrees that information, communications, and documents given by or to the Committee, and meetings involving Committee members or staff may be subject to applicable law on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the Committee in order that it may fully comply with the requirements of such laws and regulations. 10. GOVERNING LAW AND VENUE A. This Agreement and its construction and interpretation as to validity, performance and breach shall be construed under the laws of the State of California. In the event any provision in this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be followed, first, for any disputes under this Agreement. C. All actions and proceedings arising in connection with this Agreement shall be tried and litigated exclusively in state or federal (if permitted by law and a party elects to file an action in federal court) courts located in the County of Riverside, State of California. 11. SUBCONTRACTOR FOR WORK OR SERVICES A. Committee does not recognize subcontractors under this Agreement. Committee holds Recipient solely responsible for the performance of all duties and obligations under this Agreement. Recipient agrees and understands that Committee does not enter into, or assume any legal relationship with any subcontractor of Recipient for performance under this Agreement. Recipient agrees to remedy any and all breaches of any agreements with any p...; 105 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subcontractor, and further agrees that Recipient may not look to Committee for any payment, liability, or assistance in the remedy of any actual or alleged breach. B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any Agreement between the Recipient and Committee. Copies of subcontractor agreements between participating third parties, if any, and Recipient, shall be submitted to the Committee within 30 calendar days from the start date of the Agreement. C. An organizational chart should be provided by Recipient, for any new Agreement term, illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor permits, employee licenses or business, state and/or clinic licenses shall be on file with the Recipient in order for the subcontractor to perform the proposed services. Subcontractor agreements shall be updated each Agreement term. 12. INDEPENDENT CONTRACTOR It is understood and agreed that Recipient.is an independent contractor and that no relationship of employer -employee exists between the Recipient and Committee. Neither Recipient nor Recipient's officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the Committee for any cost or expense the Committee may incur as a result of any claim wherein the claimant alleges any employee / employer relationship exists between the Claimant and the Committee. 13. INDEMNIFICATION Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including but not limited to, property damage, bodily injury, or death, based or asserted upon any services of Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the Committee in any claim or action based upon such liability. With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of Committee; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Recipient's indemnification to the Committee as set forth herein. Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the appropriate forrn of dismissal relieving the Committee from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the Recipient from indemnifying the Committee to the fullest extent allowed by law. .,a. 106 2 n 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. INSURANCE Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage during the tern of this Agreement. A. Workers' Compensation: If the Recipient has employees as defined by the State of California, the Recipient shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant/Altemate Employer Endorsement. B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, cross liability coverage and employment practices liability, covering claims which may arise from or out of Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If Recipient's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Recipient shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured. D. General Insurance Provisions - All lines: 1) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by Riverside County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self -insured retentions. If such deductibles or self -insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County of Riverside's Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention's unacceptable to the Committee, and at the election of the Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles or self -insured retention's as respects this Agreement with the Committee, or 2) procure a bond ": , 107 2 0 0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of. Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the Committee receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage set forth herein and the insurance required herein is in full force and effect. Recipient shall not commence operations until the Committee has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for each policy and the Certificate of Insurance. 4) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the Committee's insurance and/or deductibles and/or self -insured retentions or self - insured programs shall not be construed as contributory. 5) Recipient shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 6) The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the Committee. 7) Recipient agrees to notify Committee of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 15. ASSIGNMENT This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written consent of Committee, as approved and authorized by formal action of the Committee. 16. ALTERATION AND/OR AMENDMENT No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may authorize any alteration or revision to this Agreement on behalf of the Committee. The parties expressly recognize that individual Committee members, advisory committee members, or staff to the -. n- 108 M 7 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Committee is without authorisation to either change or waive any requirements of this Agreement without formal action of the Committee. 17. WAIVER AND SEVERABILITY Any waiver by Committee of any breach of any one (1) or more terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same term of any other term herein. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. OFFICIAL DOCUMENTS Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the approved project. 19. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by the provisions of the section entitled "Alteration and/or amendment' herein. 20. CERTIFICATION OF AUTHORITY TO EXECUTE THIS AGREEMENT Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any attachments hereto. 21. COMPLIANCE WITH LAW Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in force or which may hereafter be in force with,regard to this Agreement. Thejudgment of any court of competent jurisdiction, or the admission of Recipient in any action against Recipient, whether Committee is a party thereto or not, that Recipient has violated any such ordinance or statute, shall be conclusive of that fact as between Recipient and Committee. 22. CONFLICTS IN INTERPRETATION In the event of conflict in interpretation by the parties of the provisions contained in the numbered sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of the numbered sections of this Agreement shall prevail over those in Attachments hereto. .M:�_ 109 .1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A: SCOPE OF WORKIPERFORMANCE TARGET OUTLINE Continuation of salary and benefits of an additional motor officer to assist with increased traffic generated by patrons traveling to and from the Augustine Casino, via the City of La Quinta's roadways. 9:, 110 Riverside County Indian Gaming Local Community Benefit Committee (CBC) SB 856 Grant Award Quarterly Financial Report (Fiscal Year 2011112) Jurisdiction Name: Project Id Number: - Period Covered By This Report: EXPENDITURES - FY 11112 1 1 -/ I 1 1 - I I I l - I I Total Estimated Expenditure Type Budget Actual Expenditures I Prior Period Expend. 1 Estimated Expend. i FY 11112 Expenditures I i i Total Expenditures "•'••••••••I•'••••'•••••••••••'"'• •• The following section should be completed by the project contact '•""""••'••••'•'•••••••••'•'•"'•••'••"" 1. Please describe the status of the project: 2. Are there any known or potential problems with the project? 3. Will the project be completed by June 30, 2012? 4. Please describe and provide the status of the notice to the public stating that the project received funding from the Indian Gaming Special Distribution Fund and identifying the Individual Tribal Casino Account from which the funds were received. Quarter: Date: Financial contact: Financial contact phone number: Project contact: Project contact phone number: j Pagel oft I •J � / / f COUNCIL/RDA MEETING DATE: December 20, 2011 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Approval to Excuse Committee Member Richard Gray's Absences from the December 14, CONSENT CALENDAR: 10 2011, Architectural and Landscaping Review STUDY SESSION: Committee Meeting PUBLIC HEARING: RECOMMENDATION: Approve a request from Committee Member Richard Gray to be excused from attending the December 14, 2011, Architectural and Landscaping Review Committee (ALRC) 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 limitations on absences. Staff has discussed this section with all Commissions and in response, Committee Member Gray notified staff, prior to the meeting, that he would be out of the country and would be unable to attend the December 14, 2011 Architectural and N. 112 Landscaping Review Committee meeting (Attachment 1). He has requested the City Council excuse him, after -the -fact, from that meeting. Committee Member Gray has stated that he will be out of the country for three months and unable to attend any meetings until February 29, 2012. Staff seeks approval to grant Committee Member Gray's excuse from the December meeting, only, at this time. Staff will bring this item forward on a case - by -case basis for any additional meetings he might be unable to attend between now and his expected return. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Committee Member Gray's request to be excused from the December 14, 2011, Architectural and Landscaping Committee meeting; or 2. Deny Committee Member Gray's request; or 3. Provide staff with alternative direction. Respectfully s John$jdn, Planninq Director Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Request from Committee Member Gray n. 113 Carolyn Walker ATTACHMENT 1 From: Ricardo Gray <ricardogray@hotmail.com> sew Thursday, November 17, 201112:59 PM To: Les Johnson; Carolyn Walker Subject: ALRC - Richard Gray on 9 month vacation Dear Friends, This email is to let you know that I will be in Rio de Janeiro, Brazil; for 3 months = Dec 1 thru Feb 29. My wife and I are going to help our daughter with her soon -to -be -born new baby. This is her first child. Fortunately everything seems to be going well for her, but she's 37 and we're all anxious to help! She and her. husband do not have any family in Rio, so my wife and I hope to make these first months easier on her, on the new father; and on the new grandchild. .I am also concerned. about my obligations with the Architecture. and Landscape Review Committee. Unfortunately, we haven't had arty meetings since my appointment this year. I would very much like to'continue with the ALRC, but I also do not want our personalaffairs to cause any difficulties for the committee. As a result, I would like to request permission to miss. any meetings during these 3 months. But, I will understand perfectly if the city council decides on getting a replacement. In order to avoid any more delays; the. council may use this letter as a resignation if they so choose. Please let me know if you need anything else from me. My home phone is 760-610-5546. The best way to contact me after Nov 30th is by email to ricardaarav@hotmail.com: Thanks, Richard Gray Carolyn Walker From; Ricardo Gray <dcardogray@hotmail.com>, Sew Monday, December 05, 20118:08 AM. Monika Radeva; kmccune@dc.rr.corrkcm'f11@yahoo.com; rrooker@dcrrcom ccCarolyn Walker Subject RE: ALRC Meeting - Wed, Dec 7, 2011- Rescheduled for Dec. 14, 2011 Dear Friends, My wife and I are now in Rio de Janeiro with our daughter who is veryready to have her first baby. We will be here for 3. months, returning Feb 29th. Please request permission for me to miss this upcoming meeting on Dec 14 of the ALRC. Thanks, Richard &M T^tr 4 lwQv,�rw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 20, 2011 BUSINESS SESSION: CONSENT CALENDAR: ITEM TITLE: Consideration of Pillars of the Community Nominations STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Pillars of the Community nominations as submitted. FISCAL IMPLICATIONS: Once the names of those being recognized are approved by the City Council, they will be added to the "Book of Deeds" held in the City Clerk's office and recognized with a plaque at the "Spirit of La Quinta" fountain site on the Civic Center Campus. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 19, 2002, the City Council approved the criteria for the "Pillars of the Community" program. The criteria for each area are listed below: The criteria for the "Pillars of the Community" program requires the candidate to have received City-wide recognition, contributed significantly to the development of the City, and have signatures of twenty-five residents stating support for the candidate. As of this report, two applications have been submitted for consideration in support of Stanley Sniff and Tom Genovese (Attachments 1-2). it 115 Name Residency Contributions Since Stanley Sniff 1928 City Council Member from 1986-201 1 Tom Genovese 1988 Assistant City Manager from 1988-1992, City Manager from 1992-201 1 Pursuant to City Council direction on August 17, 2004, Senior Inspiration Award recipients would automatically be included in the "Pillars of the Community" recognized that year. Therefore, Barbara Irwin, 2011 Senior Inspiration Award recipient, will be recognized this year. Once the City Council approves the names of those individuals to be recognized, invitations will be sent to Mrs. Irwin, and the families of Mr. Genovese and Mr. Sniff to attend a Pillars of the Community Event scheduled for January 12, 2012 at 11 a.m. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Pillars of the Community nominations as submitted; or 2. Do not approve the Pillars of the Community nominations as submitted; or 3. Provide staff with alternative direction. Respectfully submitted, d" Edie Hylton Community Services Director Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Nomination for Stanley Sniff 2. Nomination for Tom Genovese 116 LL. < W w >- 0 E—. Q = F_— Z �_ ~ Z UCH �0 LL. � Q I 0 C: ATTACHMENT 1 EO l o� o m o W i o U c 0 E m 3 d E a L ��4 0� D pr.0 c- cN o N .� E �, , Im N U c `c 3 r > C Q 'C (h �O O E C 0 0 '� O E��c°�aoiEE� Lam$ of°p°(�0C� _ T (A E N p O d O - > O O N 6 0 06 0-0-00 `a°c m� �aoia�3oU E E a) U L- ` O coO c 0 C E O N Q c r O N 00 'O L y a E 6 �U p o N t- 3�U N c �•-o C C O C +- y _0'2 V O o� m� C� uu N E a _ O N O 0 O O 0 p (n C z p o O} t 0 � 6 N (} C J W .r 0 O N N U 3 c Q U U S.c Y p.r a y .. c 0' � O Nc'O o N-maw G N U N °`' C�1 'O O N 70 O C: 7 c U O C Q 3 C o c U m 0 N p N N D N p a-„ c 3.N� o pv ° o _ aQi o oU m z o a rno£ 356 U z 9 a�3 �.�i 117 ti ZRRgg~ C a rj 3� a a- �o a N Q I m M c O •�—� o O>> d 0 p E o � c EE>av 0 0 oV c E 'r4 UE —°N�ou w o� c U o E N `p ar° ar .tO. o��o d rn /air E p t U N n j z G CL �— N O y N'aa d c `� O C N a) N N C EO n Q C: ;,.if Oy+—c� U a m ? E N N O O z a C70am Q B. c N Q N V N N a v A h N a � G of S 118 p � _ � O ATTACHMENT 2 �Z~Z�- �:D �U— 0 Q Q p Q y o�,Oo;oE� m o O N r2 E ^ E T c f N O D 3 C -O 'Q O O E •c N N` �. a N N O E N V U O N 0 O = C _ 4) O E _J N 3 a ED ' o-0� v C A)C i U c U Ua o ��� a �v £ / E c Hu oo°, a N � 3 o� 6 o o T U 0 � t) U N � j a O E ,� .2 O 0 � o p) �n O W z N- O O N m a O O o o p C 6 d w m E N a p~' o a 0 o Q. D` U C Y 0 r.. O 0 C 6 p O N N .0 y p 'n a '`- -6 'p 7 a O- C � C U o o �' O c �� - mO N 5= a ai N > > 3� H O$o a� ; c c? z Q °�' ° U ° o -9.n ... 119 G a �; a N Q cH Q Rl O 11 v 3 Eli t �a N va Q N Q N a Q M 0 o: Q 0 N V 9N P O `,E i.8.0 l EO O>W 'a 0 0 's > O.Oa V 0 or io = w� C. v E v t =;ba"' 0 3 00 o 0 Z vry n Z n N ,7���0Ob yyy1 n V C P O O uC c O z a�ov�� "V u ".., _ 120 COUNCIL/RDA MEETING DATE: December 20, 2011 ITEM TITLE: Consideration of a Recipient for the 2012 Senior Inspiration Award Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: Z- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Ann Kosich as the recipient for the 2012 Senior Inspiration Award. FISCAL IMPLICATIONS: 1► eym CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Senior Inspiration Award provides an opportunity to recognize and honor outstanding seniors throughout the Coachella Valley. On December 12, 2011, the Community Services Commission was asked to select one outstanding senior recipient who meets the following the criteria: the honoree should be at least 70 years old; reside in the City of La Quinta; demonstrate involvement in community affairs for a lengthy period of time; and personify a healthy and active attitude and lifestyle. Staff sent out a letter (Attachment 1) to the following organizations: La Quinta Chamber of Commerce, La Quinta Historical Society, La Quinta Rotary Club, Friends of the La Quinta Library, Friends of the La Quinta Senior Center, La Quinta Arts Foundation, and Soroptimist International of La Quinta requesting nominees for the 2010 Senior Inspiration Award. n.. 121 Two nominations were received: Ann Kosich from the La Quinta Chamber of Commerce; and Jack Barth from the Friends of La Quinta Senior Center. All nominees met the criteria for the award and brief synopses are provided as Attachments 2 and 3. The Senior Inspiration Award Luncheon will be held on Friday, March 30, 2012 at the JW Marriott Desert Springs in Palm Desert. On December 12, 2011, the Community Services Commission reviewed the applications and recommends Ann Kosich as the 2012 Senior Inspiration Award recipient. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Ann Kosich as the recipient for the 2012 Senior Inspiration Award; or 2. Do not approve Ann Kosich as the recipient for the 2012 Senior Inspiration Award; or 3. Provide staff with alternative direction Respectfully submitted, A4V 146 Edie Hylton Community Services Director Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Letter requesting nominations 2. Biography information for Ann Kosich 3. Biography information for Jack Barth " 122 ATTACHMENT 1 November 1, 2011 Dear: Since 1992, the County of Riverside and the nine incorporated cities of the Coachella Valley have sponsored the annual Senior Inspiration Awards. Each city selects one recipient (a single man or woman) as their outstanding senior recipient for this event. This year the event will be held on Friday, March 30, 2012 at the JW Marriott Desert Springs in Palm Desert. Please submit one or more names, along with a brief summary (maximum 150 words) on why you chose that person. The following is the criteria: • The honoree should be at least 70 years old or older; • Reside in La Quinta; • Be actively involved in community affairs for a lengthy period of time; • Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; • Personify a healthy, active and contributing attitude and lifestyle. Nomination forms are enclosed for your selections. Please complete one or more and return to Christina Calderon at the La Quinta Senior Center, 78-450 Avenida La Fonda, La Quinta, CA 92253 no later than December 2, 2011. Thank you for your assistance. It is most appreciated. Sincerely, DON ADOLPH, Mayor City of La Quinta Enclosure cc: City Council Edie Hylton, Community Services Director Christina Calderon, Recreation Supervisor n 123 ATTACHMENT 2 2012 Senior lnspirationAwards NOMINATION FORM Please do not embarrass your ONE nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; actively involved in community affairs for a lengthy period of time; Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; Personify a healthy, active, and contributing attitude and lifestyle Nominating City: La Quinta Chamber of Commerce Qfflcipient s First and Last Name: Ann Kosich DOB: 4/4/1935 No later than April 23, 1940 MaiCing.Address: 7eL 760-777-9705 Recipient's �w Age: 76 54-355 Shoal Creek La Quinta, CA 92253 rE-maid mkosich@dc.rr.com Ann has been an Ambassador and volunteering at the La Quinta Chamber of Commerce for many years. She coordinates all of the Chamber ambassadors and helps out at the numerous Chamber events and assists our members, potential members, guests and staff with great enthusiasm and graciousness not easily found these days. Ann has a warm smile and loves to help people and takes pride in her Ambassador position. In addition to the Chamber, Ann has volunteered for the Bob Hope Classic helping in any way she can. Ann is an integral part of our family here at the Chamber and is always eager to help with even the simplest of tasks and she does it with a wonderful positive attitude. Ann continues to inspire those of us who are lucky enough to work side by side with her at events. On a side note Ann was voted Miss Pennsylvania. In conclusion, Ann is an outstanding volunteer whose efforts make a real difference in the lives of others in the community. Althought she doesn't seek it, she deserves this recognition and out sincere thanks for helping make the City of La Quinta a safer, healthier, happier community. Please return this information to Christina Calderon 6y Decem6er 2, 2011 rEmadpreferred ccafderon@Ca-quinta.org orfaxto: (760)564-5004 or mad to: La Quinta Senior Center P.O. Bok 1 SO4 La Quinta, CA 92247. p 124 ATTACHMENT 3 2012 Senior Inspiration -Awards NOMINATION FORM Please do not embarrass your ONE nominee by not meeting the award criteria Must be at least 70 years old; reside in your city; actively involved in community affairs for a lengthy period of time; Deserves to receive recognition and/or may not otherwise receive recognition for their service to the community; Personify a healthy, active, and contributing attitude and lifestyle `Nominating City: Friends of the La Quinta Senior Center Wfapient's First andLast Name: Jack Barth DOB: 8/7/1922 No later than April 23, 1940 Age. 89 9KaifingAddress. 77-125 Calle Temecula, La Quinta, CA 922253 7eE 760-564-3686 Recipient S Bso E-maiG None *Married for 66+ years to Mia Barth *Prisoner of War during WWII; World War II Veteran, worked with the Motorcycle Recognizance Patrol. *Worked as a federal mogul subcontractor for the space shuttle as a metallurgist (test metals for their usefulness) in Anaheim, CA. 1980 - Jack began tennis lessons at the College of the Desert and that is where his love for tennis grew. He began umpiring tournaments in the Desert and the Los Angeles areas. The money he received from umpiring was donated back to local hospitals in both areas. 1982 - Jack began umpiring tennis tournaments throughout the valley at such places as Mission Hills Country Club, La Quinta Resort, and P.G.A. West (worked with his friend John Austin). Jack organized the La Quinta Senior Center Tennis program for more than 10 years. The program has grown to over 24 players that play two days per week during the season. Jack says he has met the nicest people from playing tennis. He enjoys seeing seniors and young people enjoy the sport of tennis. He recently retired as the volunteer coordinator of the Senior Tennis program in October 2011. Please return this information to Christina Calderon 6y cDecem6er 2, 2011 Email preferred ccalderon@faSuinta. org or fax to. (760) 564-5004 or maiC,, to: La Quinta Senior Center P.O. Box 1SO4 La Quinta, CA 92247. 125 i y f:, 2 � _ S C F`y OF Ttn'9 COUNCIL/RDA MEETING DATE: December 20, ITEM TITLE: Consideration of A Historic Preservation Commission RECOMMENDATION: Approve the selection of two (2) vacanc 30, 2012; and one professional term Preservation Commission. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Clerk Department published a i 2011, notifying the public the City Clerk the unexpired vacancies until December State requirements mandate a minimum Historic Preservation Commission. There i Commission, and due to the profession< vacancy, staff is recommending the appoi professional and non-professional vacanc Two applications were received from I consideration of appointment to the Histo non-professional term to expire June 30, June 30, 2013. Due to both applicants I AGENDA CATEGORY: ?, BUSINESS SESSION: ✓ Oil CONSENT CALENDAR: to the STUDY SESSION: : PUBLIC HEARING: One non-professional term to expire June expire June 30, 2013 on the Historic :ice in The Desert Sun on November 23, apartment was accepting applications for 2011, at 5:00 p.m. f three professional appointments to the currently one professional vacancy on the qualifications of both applicants for this ment of two professionals to fill each; one iald Fitzpatrick and Kevin Maevers for Preservation Commission vacancies, one 112; and one professional term to expire ig highly qualified professionals, staff is p 126 recommending both appointments be acknowledged as professional appointments. (Attachment 1) FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the selection of two appointees - one non-professional (professional applicant) term to expire June 30, 2012; and one professional term to expire June 30, 2013 on the Historic Preservation Commission; or 2. Do not approve the selection of two appointees - one non-professional (professional applicant) term to expire June 30, 2012; and one professional term to expire June 30, 2013 on the Historic Preservation Commission; or 3. Provide staff with alternative direction. RespecVully submitted, Veronica J Pbntecino, CMC City Clerk Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Historic Preservation Commission Applications to 121 RECEIVED 2011 NOU H P19 ? "7 CITY OF Lli(dli lii)A CITY CLEWS OFFICE CITY C APPLICA LA QUINTA HISTORIC NAME: RONALDA. FITZPATRICK HOME ADDRESS: 81-824 CONTENTO (Must be a TELEPHONE: (HOME) 760-393.2919 EMAIL: CARMELABUNGALOWOGMAIL . BUSINESS ADDRESS: NIA IF EMPLOYED, LIST YOUR EMPLOYER Al RETIRED 1999 LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING Biographical sketch, including education, wo ground. Please be sure to include experienc PLEASE SEE ATTACHED RESUME. ATTACHMENT 1 Date: NOVEMBER 29, 2011 LA QUINTA ON TO SERVE ON ATION COMMISSION 2EET, LA QUINTA, CA 92253 Quinta resident and eligible to vote in the BUSINESS: N/A N FAX: 760-393.2919 D POSITION(S) YOU FIVE (5) YEARS F THIS COMMISSION? OCTOBER CANCELLED experience, civic involvement and other back- 3 relevant to duties of the position you seek. -.n 128 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta PLEASE SEE ATTACHED APPLICATION SHEET. What specific issues or problems face the La Quinta Historic Preservation Commission and do you nave any suggestions to address those issues or problems? PLEASE SEE ATTACHED APPLICATION SHEET. vvnat specltic attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? PLEASE SEE ATTACHED APPLICATION SHEET. PLEASE RETURN THIS APPLICATION TO: 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 Submit Application 129 Ronald A. Fitzpatrick AIA Objective Appointment to the City of La Quinta Historic Preservation Commission Education Associate in Arts Degree - Architecture • LACC Los Angeles City College • SCIARC Southern California Institute of Architecture • USC University of Southern California • UCLA University of California at Los Angeles • ALSS Architectural Licensing Seminar Schools Professional CITY OF LOS ANGELES 1963 - 1999 Experience • DEPARTMENT OF RECREATION AND PARKS Planning and Development Division Director of Planning and Development . Contract Administrator Senior Architect Architectural Project Manager DEPARTMENT OF PUBLIC WORKS Bureau of Engineering Architectural Design Division Architect Architectural Associate Bureau of Engineering Public Buildings Division Architectural Assistant Architectural Drafting Technician • DEPARTMENT OF WATER AND POWER Water Engineering Design Division Architectural Drafting Technician Civil Engineering Drafting Technician Professional Licensed Architect State of California (No. C-17281) Memberships American Institute of Architects Los Angeles Chapter (Member Emeritus) Society of Architectural Historians (Past Member) 81-824 Cuntcnto Street. rm Quinta CA 92253 - 76u0-393-2919 - ulrme611nmg{J�nyC il.com --„ 130 Ronald A. Application Historic Preservation Commission Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission: It would appear from available information, that the Historic Preservation Commission acts in an advisory capacity to the City Council and to the Planning Commission in matters specifically related to preserving the integrity of historic cultural resources within the City, including: • The establishment of criteria for use in the preparation of historic surveys of historic properties or historic districts. • The designation of historic landmarks, districts, or sites using recognized procedures for the review, evaluation, validation and for ultimate inclusion in the listing of La Quinta's Historic resources inventory. • The adoption and continuance of standards for review and advisement on permit applications which would have impact on any of the City's historic resources including for restoration, rehabilitation, modification, adaptive use or removal. • Advisement as to the City's interest in the purchase of property for purposes of historic preservation, or on any other matters which the City Council may deem necessary and relevant to the preservation of the City's historic resources, or on any other proposed conduct or disposition of land use which would affect the preservation of historic cultural resources within the La Quinta community. What specjfic issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? Information gathering and fact finding would likely be among the most challenging of the issues confronting this commission given the indeterminate nature of certain archaeological or cultural finds. Critical too are issues involved with protecting those data; recording and compiling the information; and, developing an ongoing comprehensive historic survey to indentify, establish, and ultimately to validate as relevant, historic cultural resource data. The Commission is ultimately responsible for preserving the integrity of La Quinta's historic resources, and for assuring the City's placement within the context of the historic evolution of the Coachella Valley relative to the whole of California's history. Of equal importance it would seem, is the challenge of somehow promoting the more intangible benefit of raising civic awareness and pride in the availability of historic resource information. The commission, as a crucial first step if deemed appropriate and if not already undertaken, would be to contract for the development or refinement and publication of a comprehensive Historic Survey Report, the intent of which would be to identify and educate the citizenry as regards La Quinta's historic cultural resources. A regularly published pictorial/report (updated periodically), when made available to the community at large and to visitors would be an invaluable informational and educational tool and a complete guide to the City's dedicated historic resources. Placement in the State Historic Library could help to reaffirm the City's credible access to available funds for local historic preservation goals. 81-824 Contcntu Street Uw Quintu CA 92253 - 760-393-2919 - curmclnhunun�L... om 2 131 Ronald A. Fitzpatrick AIA What specific attitudes, skills and/or expertise work of the La Quinta Historic Preservation Co My interest in architecture has always included an une iconic architects who strove for timeless creativity in giants in the field, if you will. The City of Los Angeles allowed me the opportunity to manage projects im dedicated historic buildings, but also made me awa buildings but included historic overlay zones of signifit My involvement in various historic facilities inch Observatory restoration/modification, Hollyhock l Land Underneath reconstruction, Los Angeles Col restoration, adaptive use of numerous Fire Stations I have supervised the management of a number of his advisement process required by the State Historic P monuments. Often included was application for cc Preservation Fund allocations to the Certified Local Gi in the achievement of local historic preservation goals. One of the major if not overriding principles of the observers of the environment and understand the sc exists as part of the natural surroundings. As a environmental sensitivity may well serve as an considering for designation; and, protecting and architectural, engineering or potential historic signi social history of the State, or of the La Quinta commu Community Architecture and Landscaping Involvement Architectural Design Review C Architectural Review Committ 8:-824 Contcutn Strcct I.0 Quinta CA 9225:3 you think you have which would enhance the ying interest and passion for historical buildings and the practice of their profession; the recognized legends or h current historic resources approaching one thousand, ing the restoration, rehabilitation, or adaptive use of that historic cultural monuments were not limited to t and cultural relevance throughout the City and beyond. on -going rehabilitation of City Hall itself, Griffith Park and Barnsdall Park restoration, the Hollywood Sign h 3 (Swim Stadium) restoration, Cabrillo Beach Bathhouse ,ibraries and numerous Parks restoration projects. facilities during the architectural review and technical vation Officer (SHPO) for certain designated historic ration of the distribution of annual federal Historic ment (CLG) Program, funds that are intended to assist Fession of architecture is that architects must be active challenges involved in the rearrangement of that which nber of the Historic Preservation Commission, acute ntage during the process of evaluating; identifying; serving those resources that have special aesthetic, ice in which the broad cultural, political, economic, or is reflected. view Committee City of La Quinta (2007-2009) imittee HOA Carmela at La Quinta (Current President) HOA Murano Village at Pasadena (Past President) 760-393-2919 - cnrmc3ahu11Lao�cn �mail.cnnt 3• 132 I , Kevin L. Maevers, MA, AICP 51420 Avenida Martinez, La Quinta CA 92253 home office: 760.296-1625 mobile: 760-799-7790 e-mail: kevin@kozma-maevers.org November 15, 2011 0 ca Mr. Les Johnson, Director < —f o Planning Department, City of La Quinta r- o e rn l c~tn Sub%ed: Application for appointment to the Historic Preservation Commission 7`- r- en �, v o Mr. Johnson, =1 m p Please accept this cover letter, the attached city application, and resume, as a request for consideration for appointment to the City of La Quinta Historic Preservation Commission, professional term, to expire on June 30, 2013. After thoroughly reviewing the description of the Commission's duties and responsibilities, then comparing those with my professional credentials and experiences, I believe that I am highly qualified for the appointment. My many years of multi -disciplinary experience in environmental compliance, land use planning, civil engineering, and architectural design, combined with my professional credentials and education, gives me a unique perspective on the requirements of the appointment as well as the ability to be an effective Commission member from my first day of the appointment term. As a resident of the La Quinta, and a life-long resident of California desert communities, I am well aware of the unique challenges that face growing communities like La Quinta. The near -constant requirement to "do more with less" is a challenge that faces every municipal administration. Beyond the requirements of the Commission, my technical abilities, knowledge of NEPA and CECA requirements, as well as my passion for historic preservation, cultural resource management, and the ability to work closely with the Planning Staff will allow me to add a new dimension to the outstanding staff and professional practices of the City of La Quinta. I look forward to speaking with you about this appointment, and ultimately look forward to adding my unique set of experiences and talents to the City of La Quinta. Best regards, tiv � k„ Ke in L. Maevers, MA, AICP PreAm nHln%KIAsSCCaliOlS Ii ?ro'essiwial Intiu;e CIiVd.'?I:'1 a A,nerwn lmnmte Planning Cepar,rn^nt MCertified%anw, srxw.planning.org Calilofnia of UlPrion EnviranmAss professionals w .califaeporg Insfitoteof Green ifofmionats w.insfitoteofgfeenvaimsionals.org Page 1 of 1 pages 70 rn C') rn rn 0 133 Date: November 14, 2011 CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA HISTORIC PRESERVATION COMMISSION NAME: Kevin L. Maevers, AICP HOME ADDRESS: 51420 Avenida Martinez, La Quinta, CA 92253 be a La Quinta resident and eligible to vote TELEPHONE: (HOME),760-296-1625 BUSINESS: 760-799-7790 EMAIL: kevin@kozma-maevers.org FAX: BUSINESS ADDRESS: 79405 Highway 111, Suite 9-462, La Quinta, CA 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Faculty Member, College of Humanities and School of Business - University of Phoenix LENGTH OF RESIDENCE IN LA QUINTA: 5+ years total (2003 to 2006, 2009 to current) HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes, but not recently 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 the attached resume of Education, Professional Credentials, and Professional Experience for a personal and professional biography. 134 APPLICATION, HISTORIC PRESERVATION COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Historic Preservation Commission serves as an advisory board to the La Quinta City Council. The Commission is onsible for reviewing documents, plans, studies, and applications that may impact the identification, protection, ,ration, and/or retention of sites that may have Historic, Cultural, or Social significance within the City. Wnat specitic issues or problems face the La Quinta Historic Preservation Commission and do you have any suggestions to address those issues or problems? Because of the current slowdown in land development applications, 1 do not see any current issues of problems facing the Historic Preservation Commission. Most of the work for the past two years has focused on CEQA compliance with respect to minor restoration or renovation projects and have not required a significant amount of time or effort to resolve. In fact, most meetings for 2011 have been cancelled or postponed due to lack of activity. However, as the economy slowly improves, and as development begins anew, the City will push further to the south and to the east where encounters with sites that have historic, cultural, archeological, or paleontological significance may become more commonplace. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Historic Preservation Commission? wife and I both share a passion for the City of La Quinta. Specifically, we truly enjoy the art, culture, heritage, and ,mitment to excellence that is displayed by the residents, Commission Members, City Council, and Staff. As a `essional planner (AICP Certified) it is my desire to assist the City in continuing this commitment to excellence in ,munity design and preservation that has made La Quinta a great place to live, work, and play. see the attached personal and professional resume for my skills and expertise that is relevant to the appointment. 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 135 Kevin L. Maevers, MA, AICP 51420 Avenida Martinez, La Quinta CA 92253. home: 760-296-1625. cell: 760-799-7790. e-mail: kevinNlkozma-maevers org RESUME OF EDUCATION, PROFESSIONAL CREDENTIALS, AND PROFESSIONAL EXPERIENCE Currently seeking an opportunity to serve the City of La Quinta as a member of the Historic Preservation Commission. It is my desire to add my experience, education, training, and client service skills to provide an additional measure of professional expertise to the Commission. The ability to make a significant professional contribution and work on exciting, creative projects with a dynamic team of professionals and public servants still inspires me to a new level of professional excellence every day. I have over 20 years of experience in multi -disciplined professional environments, overlapped with several years of higher education experience. These experiences combine to provide me with the ability to bring a unique perspective to the planning profession. In addition to land use, policy, and environmental planning expertise, I have gained a tremendous breadth of knowledge and experience in education while acting as an instructor for the University of Phoenix in subjects that range from history and culture, to writing, to public speaking, to business & management, to critical thinking. I have a demonstrated commitment to finding solutions to the challenges that face our communities. For many years, he has thoroughly studied and implemented plans for increasing project, community, and regional sustainability. Kevin also possesses significant background in the application NEPA and CEQA guidelines for determining the potential environmental impacts of land development projects and has a particular professional passion for historic preservation, cultural resource managements, and urban design and preservation. I have a solid working knowledge of the USGBC's LEED for New Development guidelines, APA's guidelines for low -impact development, and a personal passion for the utilization of native, drought -tolerant, lush and efficient landscape techniques. I am also committed to reducing our dependence on fossil fuels by reviewing all projects for their ability to reduce energy consumption through proper site orientation to take advantage of active and passive wind and/or solar energy. Lastly, through my association with both the APA and AEP, I maintain my body of knowledge with respect to the latest NEPA and CEQA requirements. In order to ensure that my skill set continues to grow, and so that I can better serve the community, clients, employer, and peers, I have always maintained a strong commitment to continuing education and community involvement. Recently, I returned to the University of Phoenix, School of Advance Studies to pursue and receive a Doctor of Management Degree in Organizational Leadership. Theskills that I have learned in that program are immediately applicable to the day-to-day operations and have given me a wide variety of leadership techniques (transformational, transactional, team, servant, etc) that allows him to inspire his team to solve problems in a creative and collaborative manner. Most recently, as a further demonstration of his commitment to education, Kevin accepted a position as a member of the College of Humanities and the School of Business at the University of Phoenix. This part-time position allows Kevin to stay in touch with the latest techniques in teaching, training, mentoring, and supervision. Doctor of Management(D.Mgt.): University of Phoenix, Phoenix AZ —currently enrolled Organizational Leadership —Note: Award of Degree expected in Summer1014 Master of Arts (MA): Chapman University, Ontario CA Organizational Leadership Bachelor of Arts (BA): Chapman University, Ontario CA Social Sciences (History, Political Science, Sociology, Cultural Geography) Page 1 of 3 pages M._ 136 Kevin L. Maevers, MA, AICP 51420 Avenida Martinez, La Quint. CA 92253. home: 760-296.1625. cell: 760-799-7790. e-mail kevin@kozma-maevers.or¢ (/. PROFESSION,ALCERTIFICATIONS/Ck,EDENTIALS American Institute of Certified Planners Professional Planning Certificate.(AICP) Institute of Green Professionals Fellowship in the Institute (FIGP) California Association of Environmental Professionals Advanced CEQA/NEPA Certificate PROFESSIONAL EXPERIENCE ' Faculty Member. College of Humanities & School of Business. University of Phoenix Sept. 2008 to present This part-time (evenings only) position affords me the opportunity to teach at a variety of campuses (from Palm Desert to Chula Vista) within the San Diego Campus of the University of Phoenix. My duties within the School of Business and the College of Humanities require that I engage in the following activities for each of my classes: Manage the classroom and inspire adult learners with interactive assignments _ Developed sound lesson plans Monitor and aid students in the acquisition and application of knowledge 7 Maintain accurate records for attendance and performance of students > Communicate with students about their progress and offer suggestions for improvement i Maintain discipline within the classroom by properly applying the Student Code of Conduct Monitor student learning and behavior patterns for possible early intervention by counselors Recognize and reward students for hard work and superior academic performance Sr. Project Coordinator. Marstel-Day LLC Oct. 2008 to Jan. 2010 Assigned on -site at the Marine Corps Air Ground Combat Center (MCAGCC) at Twentynine Palms, CA working directly with a Marine Corps, DoD personnel, and a large number of consultants performing a wide variety of strategic, tactical, and environmental studies that will lead to the acquisition of additional lands surrounding MCAGCC and approval of the supporting EIS documentation. Public outreach, coordination of sub -consultants, providing daily and weekly briefings, team meeting facilitation, EIS review, communication and outreach to elected officials (federal, state, local, community) were part of the daily duties. Contract expired in January 2010. Interim Program Manager The Onyx Group, San Diego, CA Jul. 2007 to Oct. 2008 Responsibilities included the growth and development of private sector, municipal, and DoD clients. This required ongoing communication with new and existing clientele. Utilized land use, environmental, and policy planning expertise to lead and grow a team of planners, landscape architects, and architects in a collaborative and innovative work environment. Lead a team of sub -consultants on a variety of projects that included Encroachment Action Plans and Environmental Impact Statements. As a sub -consultant to the Prime, assisted in the preparation of the SOO, negotiated IDIQ contracts with NAVFAC for 5 years, up to $40M. Contract expired in September 2008. Associate/Practice Builder. Kimley-Horn and Assoc., Inc., Riverside, CA Jul. 2004 to Jun. 2007 Personally responsible for the management, marketing, and creation of business opportunities for the Riverside, CA. office. In addition to locating opportunities and winning new work (nearly $5M as of June 2007) in both the public and private sector. Responsible for the recruiting, training, and integration of new staff. Coordination with local, regional, and firm -wide operations, as well as maintaining a productive, profitable, and high -multiplier operation was required as part of my ongoing duties and responsibilities. Executive Vice President SR Consultants, Santa Clarita, CA Jul. 1998 to Jul. 2004 Managed a design team of 20 people working with projects from preliminary concept, through the discretionary approvals, to the final design, and construction and occupancy. Responsible for the daily operations and project Page 2 of 3 pages 137 Kevin L. Maevers, MA, AICP 51420Avenida Martinez, La Quinta CA 92253. home: 760-296-1625. cell: 760-799-7790• e-mail: kevin@kozma-maevers.ora scheduling of assigned clients. Provided ongoing support to the client's staff and field operations. Prepared necessary reports, proposals, contracts, and change orders for submittal to the client and public agencies. Assisted with expanding new client base and provided construction level support during the development of projects. Also held the position of interim survey department manager from January 1999 to July 2000. • Demonstrated ability to lead a team of consulting professionals to work creatively and collaboratively to find real solutions for his client's most difficult land planning and environmental projects. • Recognized expertise in the creation of plans that incorporate the latest in environmental sustainability techniques providing for the efficient use of natural resources, reductions in water, energy consumption, etc. • Expertise in public and private land development projects that include due diligence and site feasibility studies, entitlement and agency approvals, land planning, and environmental permitting/processing. • Comprehensive planning, design, and construction experience in San Diego, Riverside, San Bernardino, Los Angeles, Kern, Ventura, and Imperial Counties, as well as dozens of municipalities within those counties. • Extensive experience in business development and creation of new opportunities in both private and public sectors including local, State, and Federal (DoD) agencies. Professional Skills • Management and Leadership abilities include team -building, servant leadership, organizational leadership, business development, marketing, client management, and public agency coordination. • Nearly 20 years of experience in coaching, mentoring, training, and retaining staff at all levels from new college hires through experienced professionals. Communication Skills • Outstanding written and verbal skills honed from two decades of preparation and presentations on a variety of project related reports, plans, and studies. • Session presenter at the 2005 and 2006 APA-CA Conventions. Presentation topics included management, leadership, team -building, professional development and ethics. Other Skills • Well-rounded experience in nearly all areas of land development and redevelopment (Environmental Compliance, Land Use Planning, Civil Engineering, Traffic, Land Survey). • Continuing education in Management, Leadership, and Environmental issues provides the ability to lead an office, department, division, or region. PUBLIC SERVICE Marine Corps Air -Ground Combat Center—Twentynine Palms, CA • Green Council, Land Use and Environmental Planning Chairman Coachella Valley Association of Governments —Palm Desert, CA • Steering Committee for Healthy Living Project Building Industry Association Desert Chapter — Palm Desert, CA • Legislative Affairs Committee > City of Lancaster General Plan Update— Lancaster, CA • Land Use Committee City of Palmdale General Plan Update— Palmdale, CA • Land Use Committee City of Palmdale Downtown Business Enhancement Committee —Palmdale, CA • Urban Design and Circulation Sub -Committee City of Palmdale Hillside Ordinance Development Committee— Palmdale, CA • Land Planning and Zoning Sub -Committee Page 3 of 3 pages N 138 Lam ow o F OF TttF'� MEMORANDUM TO: Honorable Mayor and Members of the City Council Chairperson Franklin and Members of the Housing Authority VIA: Mark Weiss, Interim City Manager A3 FROM: Veronica J. Montecino, CMC, City Clerk A DATE: December 19, 2011 SUBJECT: Historic Preservation Commission/Housing Commission Appointments The following information has been provided to the City Clerk Department after the posting of the agenda for the December 20, 2011 City Council and Housing Authority meetings: City Council ➢ Business Session Item 3 - Email letter from Ron Fitzpatrick withdrawing his application for consideration of appointment to the Historic Preservation Commission Housing Authority ➢ Business Session Item 1 - Email from Michele McDonough stating she is unable to attend the interviews for consideration of appointment to the Housing Commission. h 139 BUSINESS SESSION ITEM 3 Pam Nieto From: Fitzpatrick Group <carmelabungalovv@gmail.com> Sent: Friday, December 16, 2011 9:33 AM To: Pam Nieto Subject: Re: HPC Interviews Hi Pam, Per our tel/con on Friday, December 16th, regrettably I am withdrawing my application for consideration for the Historic Preservation Commission. I therefore will not be attending interviews scheduled for Tuesday December 20, 2011. Thanks for the opportunity. RonFitzpatrick On Tuesday, December 13, 2011, Pam Nieto <pnietona,la-auima.ore> wrote: > Mr. Fitzpatrick: > The City of La Quinta has scheduled interviews for the Historic Preservation Commission on Tuesday December 20, 2011. The interviews will be conducted > at the regularly scheduled City Council meeting during the Business Session, which begins at 4:00 p.m. > Please notify me if you are unable to attend these scheduled interviews. > Thank you. > Pam Nieto, Secretary > City of La Quinta, City Clerk Department > 760-777-7103 FAX 760-777-7107 p 140 ` 4 4QUMrw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: December 20, 201.1 BUSINESS SESSION: A CONSENT CALENDAR: _ ITEM TITLE: Consideration of the Implementation of the Increased Development Impact Fees for Residential STUDY sEsstoN: Development PUBLIC HEARING: RECOMMENDATION: Defer the implementation of the increased DIF fees for residential development until January 17, 2012 and ask staff to bring back a study of similar development fees at other local jurisdictions. . FISCAL IMPLICATIONS: The three categories for residential development included in the Development Impact Fee (DIF) program are Single Family Detached (SFD), Single Family Attached (SFA) and Multi-Family/Other (MFO). There continues to be no SFA or MFO activity. The residential activity since December 8, 2008 is as follows: SFD applications received 12/8/08 through 12/01 /1 1 = 267 Of those, number of permits issued through 12/01/11 = 220 The difference in DIF collections is as follows: DIF 2008 — DIF 2006 = .DIF difference per unit $7,713 - $4,475 = $3,238 revenue reduction per unit DIF revenue difference = $3,238 x 220 = $712,360 Approximately 47 unexpired SFD applications remain in various stages of plan review. If these permits are issued under the current deferral, the additional loss in DIF would be $152,186. The estimated total loss to the DIF program for three and one half years would, therefore, be approximately $864,546. " 141 In the past, the City General and/or the Redevelopment Agency (RDA) Capital Project Funds have made advances to DIF Funds, Park DIF Fund, Library DIF Fund, Fire DIF Fund, Street and Park Maintenance Fund and the Civic Center DIF Fund. These advances were made to accelerate the construction of the La Quinta Park, City Library, North Fire Station, Phase 1 of the Corporate Yard, the City Hall expansion and the Highway 111 Median Landscape Improvements. (For clarification, no RDA funds were used for the City Hall expansion or advanced to the Civic Center DIF. That advance was made with City General funds.) If the deferral of fees is continued, the result will be fewer funds generated to repay the previously advanced funds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 7, 2008, Council adopted the fourth update of the DIF Study dated September 16, 2008 but delayed the implementation of the DIF fee for residential development. Included in this report was an analysis of similar fees from the cities of Coachella, Desert Hot Springs, Palm Desert, Rancho Mirage and Indio. With subsequent actions over the past three years, Council has delayed the implementation of the DIF fee for residential development. The most recent action was on June 21, 2011, when Council deferred the implementation of the increased DIF fees for residential development until December 30, 2011. The types of public facilities covered by the DIF are transportation improvements, parks and recreation facilities, civic center, libraries, community centers, maintenance facilities and fire facilities. This table shows the proposed fees for residential land uses: Summary of Calculated Impact Fees Per Unit of Development Land Usa Develo merit P ,: Trans CNrc c .. r'it4: ! Libraries Coma+ilnitX $xmet Mairtt Tatar 'Type '. Units P Aktattonrke/ Rec %enter Prplerrtlpn Centers ;: Mamt !Fees >: Res ISM) DU(2) $3,592 $1,773 $1,089 $612 $334 $104 $158 $51 $7,713 Res (SFA) DU $3,592 $1,773 $182 $102 $334 $104 $158 $51 $6,296 Res IWO) DU $2,098 $1,773 $280 $157 5334 5104 S92 S51 54,889 142 The following table compares the existing fees for residential land uses to the proposed fees for residential land uses: Land Use Type Proposed Fees Current Fees Increase Amount Res (SFD) $7,713 $4,475 $3,238 Res (SFA) $6,296 $3,374 $2,922 Res IWO) $4,889 $2,745 $2,144 The increase in the proposed fees was due to the increase in costs to construct the future facilities contained in the 2008 DIF. Even with the proposed increase the City's fees were at or below similar fees being charged in neighboring jurisdictions in 2008. If requested staff will bring back an updated comparison for the City Council's review at a future City Council meeting. On July 27, 2009 and September 18, 2009, staff provided a draft report of the updated DIF to Mr. Fred Bell, then Executive Director of the Building Industry Association (BIA). Attachment 1 is a letter from Mr. Bell. Staff has informed both the BIA as well as the Desert Valley Builder's Association of this item on today's City Council agenda. FINDINGS AND ALTERNATIVES: 1. Defer the implementation of the increased DIF fees for residential development until January 17, 2012 and ask staff bring back a study of similar development fees at other local jurisdictions.; or 2. Defer the implementation of the increased DIF fees for residential development until July 1, 2012 and ask staff to analyze similar development fees at other local jurisdictions; or 3. Take no action thereby allowing the implementation of the increased DIF fees for residential development to go into effect December 31, 201 1; or 4. Provide staff with alternative direction. Respectfully submitted, T othy R. nass P.E. Public Wor Dire or/City Engineer to 143 Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1 . Letter from Fred Bell dated August 5, 2009 144 ATTACHMENT _7 Jj Desert Chapter City of La Quinta August 5, 2009 Building hidtwtry.A,Y iafinn Tom Genovese, City Manager or Sautheru California 78-495 Calle Tampico 77.570 Springfield Lane La Quints, CA 92253 Suite E Pulm Desert; California 92211 Dear Mr. Genovese, 760.360.N76fax 760,772.3372 www.DesertChaptercom We would like to the thank the City of La Quints, for providing the Building Industry E bail: BLA@I)csei'tclapter.com Association Desert Chapter the opportunity to comment on last year's Development Impact Fee Study and the City's plan for implementation. Our appreciation goes further as the City staff recommended and Council approved a delay in the implementation of the new fee schedule (residential construction onlyy fora period of twelve months. We are quickly approaching the 12 month period, and bearing in mind the economic conditions of the world we live in, it is time to review the industry's performance, and determine whether or not to implement the updated development impact fee schedule. Considering the number of single family residential units under construction BIA Desert Chapter asks that the City Council continue to delay implementation. for another 12 months. Per the Construction Industry Research Board the City permitted 165 SFR units in the firstsix months of 2008. For the same period in 2009 this number is a mere 61. There is a new optimism in the air, but it is fragile and based on current costs and future prospects. BIA Desert Chapter would hope that the City of La Quints, continue its efforts to economic stimulus, securing development projects and maintaining employment by further delaying the implementation of development impact fees on residential construction. �Sincerely, Fred Bell a 145 An Affiliate orlhe. National AS oeiaiion of flotne Builders and the California Building Indust 7 As• ciatiou MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Mark Weiss, Interim City Manager FROM: 4'Fmothy R. Jonasson, Public Works Director/City Engineer DATE: December 20, 2011 SUBJECT: Business Item #4 on the 12/20/11 City Council Agenda - Letter dated 12/16/11 from Desert Valley Builders Association (DVBA) Attached please find a letter that was received Friday, December 16, 2011 from Desert Valley Builders Association (DVBA) regarding City Council Agenda Business Item #4 - "Consideration of the Implementation of the increased Development Impact Fees for Residential Development." 146 RECEIVED 2011 DEC 19 PM 2 35 'CITY OF LA QUINTA Ltf V LIP`'% CITY CLERK'S OFFICE desert valleys builders association 34-360 Gateway Drive, Palm Desert, California 92211 December 16, 2011 2011 BOARD OF DIRECTORS PRESIDENT Phil Smith Sumise Company ' City of La Quinta I' VICE PRESIDENT Man. Gomntic� Mark Weiss, City Manager GHA Co.,.. 3" VICE PRESIDENT' - - 78-495 Calle Tampico Mark Benedetti BMC La Quinta, CA 92253 SECRETARY/TREASURER Steven 1. Miller, CPA O'Brien, Miller and Blake CPAs Dear Mr. Weiss: VICE. PRESIDENT OF ASSOCIATES Eileen Eske Palm Desm National Bank On behalf of the Desert Valleys Builders Association, we would like to thank you PAST PRESIDENT Tom DoBoae for the opportunity to comment on the review the City La Development Design & Engincenc& Im proposed of of CHIEF EXECUTIVE Quinta's Development Impact Fees. The DVBA recognizes the ever increasing OFFICER G`etch.Goo. financial need for the City to handle impacts to city services, while at the same time the continued challenges to the homebuilding industry and its economic Wesley Ahlgren The Hemminb yDroop return to vitality remain immense. It is our understanding that City Council has Bean Benedetti B ABCon"acting directed staff to review the current DIF structure and that possible Andy BmkehillCoachella Tom Davia Valley Pestling consideration for changes to the current Fee Schedule will be proposed at an Ague Cnlieme Band o(Cahuilla Indians Ma.garetOnto, upcoming council meeting. Margaret Don, Conmuctian J. Hayes RabobaM, N.A. Meek Johnson As there have been fewer than 120 total familyresidential W Coachella Valley Water Distort single permits issued g Lv Allan in Associates Allan Levin from January la`, 2010 thru November 30, 2011, the DVBA hopes that the city Dave Lipper Lippert Conaeruct;on.,se will carefully consider the potential negative impact an increase in DIF fees Bsua Mai.c — Emp,re West Development would tiring to the recovery of the industry. Therefore, we are requesting that Tom Noble Noble&Company, LLC the current DIF Fee schedule be maintained at this time. The DVBA hopes that Dan Olivier UP the City of la Quinta continues its efforts towards economic Alan Alan Pa stimulus, Marvin Bocci i l procurement of new development projects and added employment growth will MSA Conmlting Ice Patrick Swaethom aid in the recovery of the housing industry. Impenal Imgation Distract JefPWanenbargn Wenenbarges Consttumion Sincerely, ZieGretch tierrezExecutive r V... 147 REPORT/INFORMATIONAL ITEM: I Report to La Quinta City Council Palm Springs International Airport Commission Meeting November 16, 2011 General: Leases: Atlantic Aviation is a Fixed Base Operation (FBO) on the east side of the field. It is separated from SkyWest Airlines maintenance operation by an undeveloped 10- acre plot. SkyWest wishes to expand its operation by leasing part of this plot: which is currently included in Atlantic's lease. The Staff has negotiated an agreement whereby Atlantic would release about 2'/2 acres to SkyWest for its expansion and improvement. As part of the Palm Springs Airport Development Incentive Program, SkyWest will be given about $50,000 in rental relief. They will be adding about 110,000 square feet of paved ramp, and expand on its highly skilled work force of 125 people. This commitment by SkyWest helps to cement their presence in the Valley, as well as their expanded routes. The Commission moved, seconded, and approved this critical agreement. Military Operations Noise: This is a continuing issue. The Commission has established a committee to address this. I am not a member of this committee, but have attended meetings for information purposes. Other than pleading with local military leadership for "good citizenship", and posting signs on the ramp, there is actually very little that the management of the Airport can do about the noise. The Federal Government provides 95% of the funding for the Airport, and each grant stipulates that the military shall have unlimited use of the facility. It is, for the most part, in the hands of the Palm Springs City Council. Facilities: The new tower is 65% complete. The security fencing has been contracted, and is underway. The runway markings need to be repainted, which will require the old paint to be milled off. This expenditure was planned, and is part of the operating budget. Parking: The valet parking service is awaiting the move by the USO. Some details in finishing the new USO facility have delayed the move, and thus, the implementation of valet parking. The new goal is mid -December. ACE Parking has spent $366,000 in improving and expanding current parking spaces, and it is facilitating better traffic flow. The new pre -pay kiosk is expected to improve it even more. Art Store: The space is being remodeled, and the Staff is attempting to get it ready by early 2012. They are working with the Palm Springs Art Council to define a display and establish a business model. Passenger Activity: Passenger count year-to-date in October was down about 2% from 2010. This, again, shows how well Palm Springs is doing, relative to the rest of the nation. In fact, October was within 92 passengers of being a record October. 300"Af1j, The airline capacity for the upcoming season is predicted to provide double-digit growth. December's planned capacity is up 13% for the first half of the month. The second half of December is expected to be up 24% from last year. Capacity is, however, only half of the picture. We need to fill them, as well. Airport concessions and car rental agencies are reporting excellent sales: a good indicator of passenger traffic volume. Airline status: Alaska Airlines last flew their San Jose -Palm Springs flight in May of 2009. As a result of an agreement negotiated under the Incentive Program, Alaska Airlines will receive up to $100,000 to promote a return of this flight. Effective February 17, through June 2, 2012, Alaska will provide the San Jose flight daily. The Commission moved, seconded, and approved this agreement. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport .,a. 149 REPORTS & INFORMATIONAL ITEMS: N COMMUNITY SERVICES COMMISSION MINUTES October 10, 2011 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 5:33 p.m. by Chairperson Fitzpatrick. Commissioner Leidner led the Pledge of Allegiance. PRESENT: Commissioners Blakeley, Engel, Fitzpatrick, Lawrence, and Leidner STAFF PRESENT: Edie Hylton, Community Services Director; Steve Howlett, Golf & Parks Manager; and Angela Guereque, Senior Secretary PUBLIC COMMENT Barb Adair, Desert Recreation District, spoke to the Commission about upcoming events and gave an update on the Fitness Center membership. CONFIRMATION OF AGENDA Motion - It was moved by Commissioners Leidner/Blakeley to confirm the agenda as submitted. Motion carried unanimously. PRESENTATIONS 1. Presentation by the Family YMCA of the Desert Karen Creasey introduced herself as the new Aquatics Manager for the YMCA. Kelly Emmer spoke regarding the 2011 Fritz Burns pool season. June and July programming numbers were similar to 2010, with August numbers less than 2010. Facility rentals and water aerobics were up from 2010, with recreational swimming similar to 2010. There were no accidents or emergencies. Chairperson Fitzpatrick asked how the YMCA plans to increase attendance for the 2012 season. Ms. Emmer stated that she has met with staff regarding the possibilities of concessions, more features for the pool, and family friendly options to possibly increase the attendance numbers. 150 Community Services Commission Minutes October 10, 2011 2 Alisa Rutherford spoke regarding programs at Vista Dunes and Wolff Waters. Vista Dunes is currently serving approximately 35 kids between the ages of 3 and 6. Wolff Waters is currently serving approximately 47 kids between the ages of 3 and 6. Both facilities offered day projects with Old Town Artisan Studios and also free swim lessons. APPROVAL OF MINUTES 1. Approval of September 12, 2011 Minutes Motion - It was moved by Commissioners Leidner/Lawrence to approve the minutes as submitted. Motion carried unanimously. CONSENT CALENDAR - None. BUSINESS SESSION 1. Consideration of Art Maintenance Priorities Golf & Parks Manager Howlett presented the staff report. Motion - It was moved by Commissioners Blakeley/Engel to approve the Art Maintenance Priorities as listed. Motion carried unanimously. 2. Consideration of Participation in the Holiday Tree Lighting Ceremony and Breakfast with Santa Director Hylton presented the staff report. Motion - It was moved by Commissioners Engel/Blakeley to appoint Commissioners Engel/Lawrence/Leidner to assist with the Tree Lighting Ceremony and Commissioners Blakeley/Fitzpatrick/Leidner to assist with Breakfast with Santa. Motion carried unanimously. STUDY SESSION 1. Discussion of Joint Meeting Items for November 1, 2011 Director Hylton presented the staff report. Chairperson Fitzpatrick will give an overview of the joint discussion. Commissioner Lawrence will present the La Quinta Fitness Center. Commissioner Blakeley will present the 30`h Anniversary Activities and Events. Commissioner Engel will present the Park Projects Completed in 2010/201 1. Commissioner Leidner will talk about the collaboration efforts of the Commission. to 151 Community Services Commission Minutes October 10, 2011 -3- DEPARTMENT REPORTS 1. Department Report for September 2011 Due to the preparation time of the Department Report, the September 2011 Department Report will be included in the November 14, 2011 Commission packet. COMMISSIONER ITEMS 1. Report from Commissioners Regarding Meetings Attended. 2. Calendar of Monthly Events PUBLIC HEARING - None. OPEN DISCUSSION ADJOURNMENT It was moved by Commissioners Leidner/Lawrence to adjourn the Community Services Commission meeting at 6:20 p.m. Motion carried unanimously. NEXT MEETING INFORMATION: A Regular Meeting of the Community Services Commission to be held on November 14, 2011 commencing at 5:30 p.m. in the City of La Quinta Study Session Room, 78-495 Calle Tampico, La Quinta, CA 92253. " 152 I REPORT/INFORMATIONAL I I NVI: I -1 INVESTMENT ADVISORY BOARD Meeting November 9, 2011 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 4:00 p.m. by Chairperson Spirtos followed by the Pledge of Allegiance. PRESENT: Board Members Blum, Spirtos, Park and Donais ABSENT: Board Member Mortenson OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Senior Secretary II PUBLIC COMMENT - None III CONFIRMATION OF AGENDA Confirmed IV CONSENT CALENDAR 1. Approval of Minutes of Meeting on October 12, 2011 for the Investment Advisory Board. Staff advised the Board that the handout is a, correction to page 2 of the meeting minutes, the correction was made under the Business Session, Item A ninth sentence, the sentence should read: slightly deeeased ending the month at $13 million. [...] MOTION - It was moved by Board Members Blum/Donais to approve the Minutes of October 12, 2011 as amended. Motion carried unanimously. V BUSINESS SESSION A. Transmittal of Treasury Report for September 2011 Mr. Falconer presented and reviewed the staff report for the month of September advising the Board that page 2 reflects a decrease of the portfolio by $15.4 million, as well as the purchases made for the month of September. Mr. Falconer further advised that the details for the $15.4 million decrease were ".... 153 listed on page 3. The decrease was due to an $11.9 million in semi-annual debt service payment (which includes principal and interest) and $2.44 million in capital improvements ($640,830 towards the Adams Street Bridge and $1.37 million towards property in the Village). Mr. Falconer stated that the payments made towards the bridge are reimbursable and will be reimbursed from the Surface Transportation funds by 88% and the Coachella Valley Association of Governments by 12%. General discussion ensued amongst the Board and staff regarding the construction of the bridge. Mr. Falconer advised that the average maturity had increased by approximately 22 days from the prior month ending maturities at 124 days. Mr. Falconer also advised of the five purchases in bond funds were made for the month with three investment maturities. Mr. Falconer advised the Board that the State Supreme Court hearing has been scheduled for November 10, 2011 for the Redevelopment Agency. This hearing will determine the existence of the Redevelopment Agency, and whether or not the city will make the January payment of $18 million. Mr. Falconer further advised the Board that if the January payment is required, that the funds for payment will be derived from LAIF. Mr. Falconer commented on the upcoming maturities in January which staff is considering reinvesting in short-term commercial paper. Mr. Falconer summarized the investments listed on page 7 as follows: $15 million in Federal Home Loan Bank for six months at .06% yield; Treasury Bills for one year (Mr. Falconer noted that the investments were made with bond debt.reserve funds); Project Funds from the Housing Account; increased the Rabobank investments by $39.5 million and advised of a slight decrease in LAIF due to a withdrawal and the maturity of a Morgan Stanley FDIC TLGP Note. In response to Chairperson Spirtos, Mr. Falconer clarified for the Board U. S. Government Sponsored Enterprises; he also noted that page 4 of the report contained a small summary and a list of permissible securities. In response to Chairperson Spirtos, Mr. Falconer stated that loss of the Bob Hope Classic could be a possible increase in TOT due to upcoming scheduled events in lieu of the classic. 2 „ 154 MOTION — It was moved by,Board Members Park/Blum to review, receive, and file the Treasurers Report for September 2011. Motion carried unanimously. VI CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — October 2011 Mr. Falconer presented and reviewed the report for October advising of maturing investments. in addition to the transferring of funds reflected on page 2 of the report. Mr. Falconer advised that any maturing investments in December would be invested in LAIF and any other excess funds would temporally be invested in short-term commercial paper. Mr. Falconer noted that the yields on page 4 and page 5 reflect the recent Bill Auctions and Short -Term Note, which still remain at a historical low. In response to Board Member Donais, Mr. Falconer advised that his reason for investing in short-term commercial paper was due to the upcoming RDA payment in January and the fact that they are the highest yielding investment at this time. In response to Board Member Blum, Mr. Falconer advised that staff would email a copy of the investment policy. Noted and Filed B. Pooled Money Investment Board Reports — August 2011 Mr. Falconer presented and reviewed the report for the month of August advising the Board that the pooled money portfolio had decreased by $4.1 billion and the life of the pool has increased by 227 days. Mr. Falconer further advised that the. pooled loans in August were at 8.5% and ended.at 14.23% one month later. Noted and Filed VII BOARD MEMBER ITEMS Mr. Falconer advised the Board that the City's Auditors will be in attendance to review the Financials at the December 14`" Investment Advisory Board Meeting. 3 M._ _ 155 Staff will include the financials with the agenda for review in preparation for any questions or comments. Chairman Spirtos advised the Board of the upcoming City events as follows: November 111" November 15th December 2ntl December 7" Vlll ADJOURNMENT Veterans Day Celebration Stan Sniff 25 Years on City Council Tree Lighting Ceremony City Hall Holiday Luncheon MOTION - It was moved by Board Members Park/Blum to adjourn the meeting at 4:30 p.m. Motion carried unanimously. Vianka Senior n N �_ 156 Department Report: ( A V1 Q c NOFT TO: The Honorable Mayor and Members of the City Council FROM: Mark Weiss, Interim City Manager(il DATE: December 20, 2011 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the December 6, 2011 City Council meeting: 1. Leonard Wahlert, 81-773 Contento, presented a leadership program to establish an educational forum to provide the knowledge and skills for residents to be involved in city government, and proposed the implementation of the program in La Quinta. Mayor Adolph thanked Mr. Wahlert for his presentation. ft 157 Department Report: I c&t,, 4 4 Q9Lqr0 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Mark Weiss, Interim City Manager {MG DATE: December 20, 2011 SUBJECT: Quarterly Marketing Report Per the City's contract with FG Creative, Inc., the second Quarterly Marketing Report for Fiscal Year 2011-2012 is attached. 158 MARKETING FLAN Second Quarter Report of Fiscal Year 2011-2012 Implemented by F/G Creative, Inc. Cooperative Program for City Businesses: Old Town La Quinta, Okura, and Las Casuelas Quinta have opted to participate in a full page co-op ad secured for the Horseshoes In The Sun (HITS) program, which targets the 25,000 attendees of this popular hunter/jumper event that takes place just adjacent to La Quinta in January, February, and March 2012. (Attachment 1) Additional co-op efforts currently underway include finalizing artwork for a three - panel display ad at the Palm Springs Airport (City/SilverRock, Embassy Suites, Las Casuelas), and approaching La Quinta businesses about participating as co-op partners in the City's ads in the Pairings Sheet for the BNP Paribas Open. PlaylnLaQuinta.com Website: Monthly updates to events and the shopping and dining directory continue to be made, while revamping the shopping/dining directory on the website to reflect the new printed map design. Public Relations: Wrote, edited, and distributed press releases and provided follow-up to secure coverage of the following topics (Attachment 2): • California Pioneers Exhibit at La Quinta Museum (follow up continues monthly since this exhibit runs through April 2012) • Civil War Re -Enactment • October/November/December 201 1 Events • Stanley Sniff "Vision" Dedication Ceremony 159 9 PR assistance for TomGenovese and Stanley Sniff PR consultation and follow-up regarding Coachella Fest Palm Springs Life Advertorial 2011: The City's annual advertorial in the progress issue of Palm Springs Life was compiled and organized during the first quarter, and then featured in the October 2011 edition of the magazine. The advertorial features an extensive update on the City as well as new photography. In addition, the piece is part of a publication included in an economic development magazine, California's Coachella Valley VISION, used by CVEP, CVA, and Riverside County EDA. (Attachment 3) Facebook "Fan Page": The Facebook Fan page has grown to over 5,400 fans using a "pay -per -click" advertising program. This paid advertising program started last fiscal year and is planned to continue through this year. City of La Quinta ads on Facebook target: people who live in California, Arizona, and Washington; who are age 25 and older; who are not already connected to La Quinta; who use keywords such as Fashion, Food & Dining, Gardening, Health & Well Being, Outdoor Fitness Activities, Luxury Goods, Golf, and Tennis. The Facebook ads' call to action is to "like" the City of La Quinta Facebook Page. A typical month has resulted in activity such as over 475,000 impressions and 200 "likes." Posts are made throughout each week and continually generate interaction and positive feedback. (Attachment 4) Pay -Per -Click Internet Advertising: This continuing, effective advertising program works with the major search engines such as Google, to place the City of La Quinta at the top of any searches using the keywords that have been selected. Once a prospective visitor clicks on the City's Pay -Per -Click ad, it takes them straight to the tourism website (www.PlaylnLoQuinta.com). There are two programs running during this Fiscal Year: • Local: This campaign focuses on the Coachella Valley as the geographic region, using keywords for dining, shopping and activities/events. " 160 4 Regional: This campaign focuses on the California drive markets and nearby Southwest region using keywords for local vacations, activities, events and golf. Events Brochure: The 2012 Events Brochure, designed in the first quarter, was completed and began circulation in November 2011 through the Certified Folder Display Service program to over 160 outlets in the Coachella Valley, including hotels, visitor centers, and others. The brochure contains La Quinta area events and is intended for the La Quinta visitor/tourist. (Attachment 5) 2012 Calendar: The 2012 City Calendar, using historic photography to create a retrospective piece that will chronicle La Quinta through the years while tying into the 30'h anniversary, has been produced and mailed to La Quinta households this quarter. (Attachment 6 - cover only) Fall 2011 Newsletter: The City's first installment of its annual newsletter was completed and mailed in October 2011 and included a message about the 2011-2012 budget as well as highlighted upcoming events and other City -related news. (Attachment 7) Humana Program Advertorial: A four -page advertorial and City welcome letter were designed for the Humana Challenge tournament program in January 2012. The advertoriol promotes dining, shopping, hospitality, special events, and outdoor healthy fun, and features beautiful City photography. (Attachment 8) New Television Campaign: Two exciting new 30-second television spots were produced this quarter, featuring outdoor and healthy amenities as well as promoting shopping and dining in La Quinta. They also incorporate branding graphics and the City's 301h Anniversary logo. The spots will begin running locally in late December 2011, and a campaign to coastal drive-in markets is under consideration. 5 1,61 New Radio Campaign: New 60-second radio spots with changeable end -tags were developed and produced this quarter, focusing on the scope of things to do in La Quinta. Spots will rotate with new end -tags each month through June 2012. Local Advertising Campaign: The local campaign is designed to promote key La Quinta events as well as the shop/dine La Quinta message. • Newspaper: Ads will run monthly prior to events in both the main Desert Sun and other weeklies (this month, the La Quinta and Indio Suns are being combined as an East Valley weekly paper). (Attachment 9 - sample ad) • Magazine: A generic "Shop/Dine" ad is running on the monthly Valley maps that are provided to all ,Concierge and Info desks throughout the Valley (produced by TravelHost), and an ad is in the Eldorado Polo annual glossy magazine. • Radio: The new spots with changeable end -tags ran in November & December 2011 with a Holiday Shopping message on: Mix 100.5 (Contemporary Pop); KPLM-Country, Eagle 106.9 (Classic Rock), KNWEZ-AM & FM (News Talk); and EZ-103 (Contemporary Rock & Pop). is 162 ATTACHMENT 2 , CITY OF LA QUINTA • 7&495 CAVE TAMPICO, LA QVINTA, (760) 777-7035 • Www.LA-QUINTA.OaG Media Contact: Max Danielson, FG Creative (760) 773-1707 or maxq&-fgcreative.com MEDIA ALERT: Your Press Coverage Is Invited THE COACHELLA VALLEY'S FIRST EVER CIVIL WAR REENACTMENT Saturday and Sunday, November 19 and 20 at Lake Cahuilla Park Celebrating the 150th Anniversary of the Civil War WHAT: History Comes To Life With A Civil War Reenactment WHERE: Lake Cahuilla Park, 58075 Jefferson St., La Quinta , California 92253 WHEN: Saturday, November 19th & Sunday, November 20th HOURS: Saturday from 9am to 5p.m. & Sunday from 9am to 3pm - Saturday Battles: 11:30 a.m. and 3:00 p.m. - Sunday Battles: 11:00 a.m. and 2:00 p.m. ADMISSION: FREE TO ALL! Background: Commemorate the 150th anniversary of the Civil War with a special reenactment at Lake Cahuilla Park on November 19th and 20th. 164 Visitors can step back in time and experience the Civil War with over 30 Union, 40 Confederate and many volunteer reenactors portraying the soldiers and civilians! Come experience the life of 19th century soldiers and witness four staged battles featuring 'real muskets and cannons which are scheduled to be fired at least 4 times during the battles! Attendees will be invited to visit with the soldiers and wander through their encampments during the event. Guests will be able to purchase souvenirs at the Sutler's tent and learn about the medical practices of the period with a stop at the hospital. Throughout the day, guests can visit several informative booths provided by following: Sons of Union Veterans Sons of Confederate Veterans Friends of the La Quinta Library La Quinta Museum La Quinta Historical Society City of La Quinta Community Services Nationwide Insurance Concessions will be provided by Mama Loca's. For more information, call the La Quinta Museum at 760-777-7170. The Civil War re-enactment is a partnership between the La Quinta Museum, American Civil War Society and the Riverside County Parks Department Sponsored by the La Quints Historical Society and Nationwide Insurance. .» 165 CITY OF LA QUINTA • 78495 CALLE TAJ (760) 777-7035 - WWW.LA-QUINTA.ORG Media Contact: Max Danielson Director of Publicity / FG Creative (760) 773-1707 or max0fgcreative.com SEPTEMBER 30, 2011 FOR IMMEDIATE RELEASE LA QUINTA MUSEUM CHOOSES "STAGECOACH" TO ROLL OUT WESTERN MOVIE MONTH "California Pioneers Exhibit" Moseys Along With Classic John Wayne Film LA QUINTA, CA - The LaQuinta Museum announced today that the iconic film, STAGECOACH will be shown as part of a month -long Western Film Series to coincide with their on -going "Pioneers Exhibit". Every Thursday in October at 1:30PM in the La Quinta Library Community Room a classic Western film will be shown, beginning with the 1939 classic "Stagecoach," starring John Wayne and directed by John Ford. Museum Manager Johanna Wickman said, "'Stagecoach' is often lauded as one of the most influential films of all time -come and the perfect film to kick off our Western Film Series. With the backdrop of our popular California Pioneers Exhibit, we look forward to showing the movie and sharing trivia with audiences over free popcorn". Films slated in the Western Film Festival are 10/6 - "Stagecoach" with John Wayne 10/1 Y'EI Dorado" with John Wayne 10/20-"The Magnificent Seven" with Yul Brynner and Steve McQueen 10/27"A Fistful of Dollars" with Clint Eastwood For more information please visit www.la-guinta.org or call us at (760) 564-4767. 166 CrrY OF LA QOINTA • 78-495 CALLS TAMPico, (760) 777-7035 • WwW.1A-QL1NTA.ORG FOR NOVEMBER CALENDARS CITY OF LA QUINTA NOVEMBER 2011 EVENTS "California Pioneers" Exhibit November 1, 2011 - April 14, 2012 Tuesday - Saturday from 10am-4pm La Quinta Museum FREE Come and experience pioneer life in early California through the exhibit's artifacts, dioramas, and hands on activities! Imagine the journey westward by viewing a twenty- five foot covered wagon scene; experience California's Gold Rush through the "Gold Fever!" display; and enjoy learning Morse code by sending messages to friends via the working telegraph system -where guests can walk in buildings built and decorated to a resemble a period train depot and an old west telegraph office. Guests will be able to view various Civil War artifacts, courtesy of the Lincoln Memorial Shrine, including the following items: a sword, musket, and a hand signed document by Abraham Lincoln; and enjoy vignettes of La Quinta's early pioneers. For more information call (760) 777- 7170. "Just Books" Tuesdays (November 1, 8, 15, 22 & 29) 2pm-3pm La Quinta Library FREE School age children will enjoy listening to "books and more books" read aloud by Ms.Beth. For more information call (760) 564-4767. 167 On-the-Lap-Storytime Tuesdays (November 1, 8, 15, 22 & 29) 10am La Quinta Library FREE This is a program for babies and very young children who are just learning to listen to stories and songs. For more information call (760) 564-4767. Preschool Story Time - 3 & up Tuesdays (November 1, 8,15, 22 & 29) 11 am La Quints Library FREE This program is for children ages 3 and up who can sit independently, listen to stories and follow our leader Ms. Beth. For more information call (760) 564-4767. Preschool Story Time at La Quinta Museum Wednesday, November 2 10am La Quints Museum FREE Special story time for children ages 3 - 5 followed by a fun craft! For more information call (760) 777-7170. First Friday and Open House - Country Performance Friday, November 4 5pm La Quints Museum FREE Unique and varied musical performances coupled with extended operating hours, allow for a fun filled evening of music and exhibits! For more information call (760) 777- 7170. Moonlight Movie Walt Disney Pictures' Animated Film, "Tangled" Friday, November 4 Old Town La Quinta event lawn Movie begins at 6:30pm. FREE Bring your blankets, low -back sand chairs and the whole family for fun and a movie under the stars. Admission is free. Come early and have dinner at one of your favorite La Quinta restaurants before the show, or order your food to go and enjoy your meal with the movie! The movie will be shown at Old Town La Quinta on the event lawn. For more information call (760) 777-7090. The Adult Theme -Based Book Club Mondays (November 7, 14, 21 & 28) 10am La Quinta Library FREE Topics are selected by the membership and will be announced at the first meeting. For more information call (760) 564-4767. Conversational Spanish Mondays (November 7 & 14) 5:30pm La Quinta Library FREE Experience new techniques and methods to help you learn Spanish easier and retain longer through our very own method of learning language and culture. Session: Mondays, beginning September 12 through November 14th. Advanced registration required. For more information call (760) 564-4767. Be An Iron Chef Wednesday, November 9 3:30pm La Quinta Library FREE Put your culinary skills to the test. Sign up for the Iron Chef Healthy Snack competition. Advance registration is required. For more information call (760) 564-4767. La Quints Historical Society Program - Bus Tour Thursday, November 10 La Quinta Museum FREE 169 The La Quinta Museum works closely with the La Quinta Historical Society to provide diverse and engaging programs related to local history and current exhibits. For more information call (760) 777-7170. Veterans Tribute Friday, November 11 11 am Civic Center Campus Free Join us this holiday at the La Quinta Civic Center to acknowledge veterans for their contribution to our country and community. We invite everyone to enjoy music and refreshments during this patriotic celebration! For more information call (760) 777-7090. La Quints Historical Society Program - CA & the Civil War Saturday, November 12 10:30am-11:30am La Quinta Museum FREE The La Quinta Museum works closely with the La Quinta Historical Society to provide diverse and engaging programs related to local history and current exhibits. For more information call (760) 777-7170. The Whodunnit? Mystery Book Club Wednesday, November 16 (3rd Wednesday) 10:30am La Quinta Library FREE Mystery lovers gather to discuss a month's titles. Books are available in advance at the library Reference Desk. For more information call (760) 564-4767. Adult Nature Walk Saturday, November 19 (3rd Saturday) 8am Begins on the corner of Calls Ensenada and Avenida Montezuma in the La Quinta Cove. FREE What about Water? Where does our Water Come From? For more information, call (760) 777-7090. 170 Baby Play & Sign Saturday, November 19 (3rd Saturday) 10:30am La Quints Library FREE A program that gives parents and their babies a chance to meet, play, and communicate using simple easy to learn signs. For more information call (760) 564- 4767. La Quinta Blues and Brews Saturday, November 19 11 am-6pm Civic Center Campus Free Bring your lawn chairs and blankets and enjoy a relaxing desert afternoon on the stunning Civic Center Campus! This event will feature 3 live bands and 30 microbrews. Enjoy fabulous fare from local restaurants. Sorry, no coolers, food or dogs allowed! Purchase tickets online and check out the music at www.igaf.com Civil War Reenactment Saturday and Sunday, November 19 & 20 Saturday, gam-5pm ! Sunday, 9am-3pm Battles will occur at 11:30am & 3pm on Saturday, and 11am & 2pm on Sunday Lake Cahuilla Park Cost: Free In preparation for the upcoming Civil War re-enactment, come to the museum and learn about California's connections to the Civil War presented by museum manager Johanna Wickman. Celebrate the 150th anniversary of the American Civil War with a special re-enactment at Lake Cahuilla Park. The event will feature Union and Confederate soldiers in period encampments staging battles with real muskets and cannons. For more information call (760) 777-7170. Walking Equals Long Life (W.E.L.L.) Sunday, November 20 (3rd Sunday) 8am La Quints Civic Center Campus FREE ".. 171 The City of La Quinta and W.E.L.L. invite you to walk in a group setting at the beautiful Civic Center Campus. The group is open to everyone so come out and enjoy exercising and socializing while improving their health. The City's mission is to encourage everyone, regardless of fitness level, to get out, exercise and have fun. For more information call (760) 777-7090. No School Movie Time Wednesday, November 23 10:30am & 2pm La Quints Library FREE Join us on non -school days for movies and FREE popcorn. For more information call (760) 564-4767. Art Under the Umbrellas Saturday, November 26 10am-4pm Old Town La Quinta Presenting a diverse collection of over 70 artists exhibiting their original creations along Old Town La Quinta's picturesque Main Street - lined with restaurants, boutiques, cafes and shops - in the historic Village of La Quinta. For more information call (760) 564-1244. ## M 172 FOR DECEMBER CALENDARS CITY OF LA QUINTA DECEMBER 2011 EVENTS Art Under the Umbrellas Saturday, December 3 10am-4pm Old Town La Quinta Presenting a diverse collection of over 70 artists exhibiting their original creations along Old Town La Quinta's picturesque Main Street - lined with restaurants, boutiques, cafes and shops - in the historic Village of La Quinta. For more information call (760) 564-1244. Disc Golf Park Tournament Saturday December 3 10am La Quinta Park $5.00 per player Grab your discs and join us for some high flying action at picturesque locations throughout La Quinta. All Ages and experience are welcome - there will be a division for everybody. Brought to you by the City of La Quinta and Helix Disc Golf. "_ 173 "California Pioneers" Exhibit December 1, 2011 -April 14, 2012 Tuesday - Saturday from 10am-4pm La Quinta Museum FREE Come and experience pioneer life in early California through the exhibit's artifacts, dioramas, and hands on activities! Imagine the journey westward by viewing a twenty- five foot covered wagon scene; experience California's Gold Rush through the "Gold Fever!" display; and enjoy learning Morse code by sending messages to friends via the working telegraph system -where guests can walk in buildings built and decorated to a resemble a period train depot and an old west telegraph office. Guests will be able to view various Civil War artifacts, courtesy of the Lincoln Memorial Shrine, including the following items: a sword, musket, and a hand signed document by Abraham Lincoln; and enjoy vignettes of La Quinta's early pioneers. For more information call (760) 777- 7170. The Adult Theme -Based Book Club Monday, December 5 10am La Quinta Library FREE Topics are selected by the membership and will be announced at the first meeting. For more information call (760) 5644767. On -the -Lap -Story time Tuesday, December 6 10am La Quinta Library FREE This is a program for babies and very young children who are just learning to listen to stories and songs. For more information call (760) 564-4767. Preschool Story Time - 3 & up Tuesday, December 6 11 am 174 La Quinta Library FREE This program is for children ages 3 and up who can sit independently, listen to stories and follow our leader Ms. Beth. For more information call (760)564-4767. "Just Books" Tuesday, December 6 2pm-3pm La Quinta Library FREE School age children will enjoy listening to "books and more books" read aloud by Ms.Beth. For more information call (760) 564-4767. Holiday Open House Wednesday, December 7 11:30-1:30 La Quinta City Hall courtyard FREE Preschool Story Time at La Quinta Museum Wednesday, December 7 10am La Quinta Museum FREE Special story time for children ages 3 - 5 followed by a fun craft! For more information call (760) 777-7170. Breakfast with Santa Saturday, December 10 8:30-9:30 am First seating (Limit of 100) 10:00-11:00 am Second seating (Limit of 100) La Quinta Senior Center $5 per person - kids eat free with paid admission. There is a limited seating, so be sure to come early. The Whodunnit? Mystery Book Club 175 Wednesday, December 21 (3rd Wednesday) 10:30am La Quinta Library FREE Mystery lovers gather to discuss a month's titles. Books are available in advance at the library Reference Desk. For more information call (760) 564-4767 Adult Nature Walk Saturday, December 17 (3rd Saturday) 8am Begins on the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. FREE This month is Nature inspired poetry: A fun and inspiring way to gather ideas from nature to release your inner poet. Coachella Valley Landforms, Earthquakes, and the San Andreas Fault. For more information, call (760) 777-7090. Walking Equals Long Life (W.E.L.L.) Sunday, December 18 (3rd Sunday) 8am La Quinta Civic Center Campus FREE The City of La Quinta and W.E.L.L. invite you to walk in a group setting at the beautiful Civic Center Campus. The group is open to everyone so come out and enjoy exercising and socializing while improving their health. The City's mission is to encourage everyone, regardless of fitness level, to get out, exercise and have fun. For more information call (760) 777-7090. "No School Movie Time!" Tuesday, Dec 20 La Quinta Library FREE Movie times: 10:30 AM - Walt Disney Pictures' "Santa Paws" 2:00 PM - DreamWorks' "Kung Fu Panda 2" Join us on non -school days for movies and FREE popcorn. For more information call (760) 5644767. .. is. , 176 "Boxes into Buildings" with the S.C.R.A.P. Gallery Tuesday, December 27 10 am La Quinta Library Free Turn plain brown boxes into a winter village using recycled materials. The completed city will be on display through January 2012. 177 Criry OF 1A QUINTA • 78-495 CALLE TAMPICO, LA OuiNTA, CA (760) 777-7035 • wwwAA-Q_uwTA.ORG Media Contact: Max Danielson Director of Publicity / FG Creative (760) 773-1707 or maxCcilfgcreative.com FOR IMMEDIATE RELEASE NOVEMBER 10, 2011 LA QUINTA HONORS STANLEY SNIFF ON HIS 25TH ANNIVERSARY AS CITY COUNCILMAN Milestone To Be Marked With Ceremony, Art Unveiling, Afternoon Reception On Tuesday, November 15 LA QUINTA, CA - The City of La Quinta will pay tribute to Stan Sniff for his 25 years on the La Quinta City Council with a ceremony and reception on Tuesday, November 15 starting at 2:00 p.m. at the amphitheater on the Civic Center Campus. Mayor Don Adolph will preside over the event and conduct an unveiling of public art, at a special place by the lake, in honor of Councilman Sniff. Refreshments will be offered in the courtyard of City Hall at the conclusion of the Civic Center Campus activities. The event is open to the public. Councilman Stan Sniff has lived in the Coachella Valley since 1928, and has served 25 continuous years on the La Quinta City Council since he was first elected in 1986; making him the longest serving Council Member in the City's history. He first served as Mayor Pro Tern in 1991 and again in 1999, 2000, 2002, 2004 and 2006. He has also served as Chair of the La Quinta Redevelopment Agency. Councilman Sniff has been instrumental in implementing a long-term vision for the City of La Quinta as well as the region, serving on CVAG's Energy & Environmental Resources .a 178 Committee, the Coachella Valley Conservation Commission, and the Coachella Valley Mountains Conservancy. He has been active in the retail, tourism, and farming industries for over fifty years. Past service includes the La Quinta Property Owners Association (President), the La Quinta Cove Association (Founder and Director), Water Committee (Chair), Waste Transfer Committee, and CVAG's PM-10 Technical Working Group Committee (Chair). Commenting on his achievement, Councilman Sniff said, "I'm overwhelmed. Never would I have thought about this honor, which is not sought, but deeply appreciated. It's amazing what your friends can do for you." Mayor Adolph, echoed by La Quinta Council Members, says, "This is a warranted honor for an elected official who has helped make the City of La Quinta a wonderful place in which to live. Stanley Sniff's 25 years of dedicated and passionate service to our City cannot be truly expressed in words. Our sincere thank you, Stan." Councilman Sniff has been instrumental in many areas, including: Cove improvements, residential and commercial development, public facilities (including city hall, library, senior center, museum, and parks), public safety, and developing SilverRock Resort. He has helped bring award -winning affordable housing to the community, and has dedicated his career to the betterment of the City. Today, residents, businesses, and visitors are all reaping the benefits of his tireless work. The City of La Quinta was incorporated in 1982, making it the youngest city in the Coachella Valley. Councilman Sniff expressed, "We have faced many challenges and have been amazingly successful at effective problem -solving. A city is a living thing. It can grow, and you can utilize its growing spirit in multiple, positive ways. I believe in supporting business and building infrastructure, and blending it with art. You create a place where people want to invest their money, time, and life ... a special place like La Quinta, a diverse community with a superior quality of life." The City of La Quinta and Councilman Sniff remember 25 Years ... Then and Now THEN (1986): Population - 7,170 Square Miles - 23.2 square miles Number of housing units - 3,200 Commercial Developments in place - 2 City budget - $5,126,961 (all funds); $3,202,511 (General Fund) Retail Sales - $43,627,900 Assessed Valuation - $621,402,943 NOW (2011): Population - 37,836 Square Miles - 35 Number of housing units - 23,500 Commercial Developments in place - 35 City's General Fund budget - Over $40 million Retail Sales - Nearly $625 million Assessed Valuation -Almost $11 billion 179 Council Member Sniff shares this honor with his wife Sharalee, daughters Synthia and Sharon, and sons Stan Jr., Dana, Dennis, and Brian. For more information please visit www.la-guinta.org or call us at (760) 564-4767. ?:3 Forward email s�<i rrta2d FinaL lspn WSafeunsubscribe' t CarssLaltCnnopct Try it FREE roday This email was sent to cindv@fgcreative.com by maxCalfgcreative.com Update Profile/Email Address I Instant removal with SafeUnsubscribe" I Privacy Policy. FG Creative 1 74-333 Hwy. 111, Suite 106 1 Palm Desert I CA 192260 THIS IS A TEST EMAIL ONLY. This email was sent by the author for the sole purpose of testing a draft message. If you believe you have received the message in error, please contact the author by replying to this message. Constant Contact takes reports of abuse very seriously. If you wish to report abuse, please forward this message to abuse(a)constantcontact. com. iM ATTACHMENT 3 /I 29 V E 9 F E Ll E 79 g j § is m" i9 .4 jo 14 I S ;i 4 f4 It ta E jj A 6i I o a) -u tyl a 0 m o CL r CY Ov UL 182 "Will ip yva-11 El InS. (M Photos r17 EYents Alsuit L. Quintis has soneduell For ever,ohPi CoArg at VverRock R�� dral; Mort 5,375 Ike $is 72 tallov albout ft Likes See Al MDid Tors. Artisan StoiIin P-15 The Grill on Plain Ho,'s Breath Inn la Quanta Rie,kin Saja La to w.ta Quints Arts imIn foundation Ge Uiudatel,la Ss!S c,el, Upd.ts, a -SS wle ke,w �,e Sla" La Quinta California U.typ,s.b.tT,.,eb-, LaQuirta,C&Uorria liffiall MCI i.s Wal U Qualb, Ullfornia - E�". Nast Rac-rt) Sh,i,e, 1p past nj Photo fD Jink lj;� Vide. 1 Write something... L. Q.n.to cadrona holdaY hae*.., TaftnMPso.s'E)hbft, throughik:,n I., 412at d.IA Quirb, MuMian, Open Tuesdin, - Satundin' frM li)iiril-� ald FPEE! I:oroa and ceqpeneroe wrav, the in earty California though fin, intitsfa arbfii,:ts, dora,a,, and haPjb an ,nAfies! Insigine the purney "estrand by sit-eling a Prienty-fitef.. See M.e yow and La Quirsta Caftharrisil, 6 inaroi Be, ft. Ihe tivin, DaMt, FG Ore.blit, IM. Sponsored Seem Crystal Farutas, inablevinsent— Oo.� PaIn S,relps Mhol, 1987. Visit .We For FN)"an) gift, *A`ei`Y' art, cr,inab, resent. events, readers, healers, moral .5 Uke tirl,ael Castello M,- tiNs Tha-FLNIDM HAT i AOkk HEFIE in WY your HATI 3,084 1.0e De Tnd'a Keep "Ur "thernes save. �storeeee,oge,e Technelagot on staff. la where, Share SoPow w asoursis contest 6 4100a Ike ft. Friar Polo, for . �a Abrits. Vist La QuInta Califforns, Ne. Flashi Solana's Bete. - a fabulo,,s restaurant that has been 'M hir ta�tr' to 78-07S Pen Sti= =1 ir,,� Quinta since Febl.Y 201)9 - a Quoits arf, February M12. Iiaho'Siiiara and or- os,nar Alex Les VAPf MY the, WW sies, in Old To,1,n a ilb,, duern to e,,,oand fair ush, bar and disher roa.; other beer, vane and a U-sar; and lio.onviedawnson,9--e.ti. Solae.'s Best'. Sh're 0 01 2 people $,a th's I RM at 3�2�z, Ue � Q.ert. Califirei. Ched, ft out, aaat,o;fapMej sho a,uh,reent ON SALE at UsalikkoVs Wf ShonmlaQurtat DeceeiberS -24th,justintior Par gift9MV! ag appard 25% off all shoes 251k olf allhatgoods Mod fripit FRIC EVO 4G for Fr.. The wc uo � a.. freeorIine.Expedence th. Isilide, husic, fis 3 cia � onde (12112 12114) Rast,c� apply. Grew your Business Oh. Y. busness b, 15 worniting it on Fmebook. 0� hee, to explore ho, W rea�h 'ota.tse's'-dh. ..1 ad. 183 La Quwut� California AENT5 RE AM 12- E 2 t 2 E E E 185 ATTACHMENT 8 Humana Challenge Host City Janvary 2012 Welcome to the dynamic City of La Quinta, California! We are honored to be the "Host City" of the inaugural Humana Challenge. The City of La Quinta is very pleased to welcome Humana and ' fh�,Willidm J. Clintc�h�-,� 'L' Foundation, and is particularly proud that this fine tourra�n6hf is held Quinta. Ourco,mmun.ity is dedicated to hi��althy.livirig, and lii�insyn�'witk th�:m,�ssicns'liaf these two respected organizati8ris advocating fo�r g6od lh�&Ith worldwide. �t Host courses incl ude to Qu'inta Cov n-try Club, Nicklaus Private at P 6n Palrniiilrf J� �f`6ate of PGA WEST. These to Quint a c a , me lj - an are up for J�-':'.� s are in pris ine con i like'Cholleng 'it encourage you.to venture 'out and discover our.fabulci6s,shcippin an I I ny p . I - I., En ';,qi-&:L,6uinta,VilIage and along Yi c J.u,s"t�,irn -h-u'f-es,a we e�erything this "Gem ofthe'D6ieri"ih6st66ffe�.by''visftin"9--"W.pl'a Irra I M, a co s; restaurants, and sp6cicil eveiits� rnp�fe I sf of. hot'�Is; �hcp' ,,On behalf ' of the City of La'Quinfa, I thank you for making the Humana Challe'nge syck I a special event. Best regards, I ep 6!", a.- 189 Welcome to La Quinta.1 Shop, Dine & Play During Your Stay in this Dazzling Desert Playground la Quints is the ideal setting for the inaugural flumana Challenge. Its pristine comers provide challenging play for the tournament's goliers, and the CiVy picturesque setting offers spectators and vision, a delightful backdrop as they enjoy all the esafing activitirs this event brings to La Quints. dining, golf, poolside lounging and taking. What's mom, in lm� ith the mi,sias of Huntan. and the William J. Charon Foundation, the City has made a concerted commitment to healthy living in the connounity. Throughout the ,cck, Incorporated in 1982, La Quinta is now celebrating its 30th F- anniversary of citylbood! Pd., toia In an acclaimed resort .Cfic.1 est.bb,hrornt, La Quirra community like La Quinta, the ,vas the perfect desert escape for stores restaurants, hotels and those looking to retreat from the I mom busthng parts of Southern spas e)dst to make visitors' Cahfornia- In 1926, a firmament time here feel extraorclinary� Sao Fatocise. anstocrat settled in the area and opened the signature I . Q.mra I Intel — �vhirh is k.a as the exclusive In Quata Resort & Club today. It becarre a top acan, an dsmation fo, oclebri nos, sp ... is figums and Politicians Visitors enjoy inmate access to the sainning Santa Rosa Mountains in La Quanta — unparalleled =y\vhcrc else in the ama�']`hc Cityof La (-_)ai.ta is nestled along the base of the mountains, sh,evooirig a.traoalmay vievs to, pan,) Client: COLQ Date 11107111 Job: I I COLQ5598HumanoAdProg_advertoriaI La Quanta hes planned events for those in it. for the tournament Centered around its perpetual them, I lifelong; �etl-bcirig, visitors �vdl enjoy everything from a Wellness Walk & I lealthy Fun Fau.nd local chef demonstrations hosed at the Ccoifi,d Farmers Madmt to a 'Valk the Rock" at Sil,T,R,xk Resort, I here are many reasons to return to La Quars frUmving your mue here at the tournament. Ferry March, the In Q.inta Ate, Festiva], ranked third in the nti.., ft.tams mom than 200 iurn't", entertainment, food and erc- Spors( .. d by the La 190 Quinta Arts Foundation, this yearls Festivalis scheduled for Marrh 8-11,2012.1 he Arts Foundation also presents Art U,d,,, the Lunbrailas on select Saturdays through April, This popular wouruniq ee.t is held at Old I,a Qunrita—a dismicave shopping area lined vith restantann, boutiques, cafica and shops. Adding to the City's emphasis on healthy Ining, on Sunday mormings during the stason, The City of La Quinta is nestled along the base of the mountains, showcasing bdraordinary Aews for patio dining, golf, poolside lounging and hiking. the Certified Farmers Market sells loaly ga� fruits and poahise, fls,,i, and fresh bu ad' �""" La On... Ch,,mbe,,,f Cturm,ni, r..tib.t" ,,,,.td .... r"rue to the charming la QuitusViUage. I [it flotlZod &Custom Car Sh.%e,drith vid be hedJarmary 29,2012, Fiitures an .p,tssi,e collei,tiorr of sleek hot ,its and rustum "a's And the annuali'lasteof La Quents,'"'intirig.ir March 2;� 2012, don,, large e,(Y,,d, fiu, food and ine utsfirigs From "Prim.p.tingLaQ,untaroitarrants. 191 ATTACHMENT 9 TO I 7N DIESTINATION'LA QUINTA''-."'�,,: Why wait until 2012 to celebrate Lo Quinta's 30th anniversary? Mark your calendar now! La Quinto has emerged as an entertainment focal point here in the Valley with plenty to see and do. Plus, new shops and restaurants have opened, enhancing the Lo Q6into scene and adding to its allure during holiday happenings. So pull up your schedule, plan for these great upcoming I events and prepare to have some fabulous fun! 4 Friday, November 18 - 7pm Grooves in the Grove - Lo Quinta Resort Experie nce the jazz of Peter White with Special Guest, Gregg Karukas. zGrooveslnTheGrove.com LLJ he Saturday, November 19 - I I am-6pm LU La Quinto Blues & Brews - Civic Center Campus Discover the mots of American music and enjoy craft beers and food. Presented by La Quinta Arts Foundation. LQAF.com Saturday, November 19 - 9am-5pm (Baffles: 11:30am & 3pm) Sunday, November 20 - 9am-3pm (Battles: I I am & 2pm)"""- Civil War Re-enactment - Lake Cahuilla Regional Park Step back in time and experience the Civil War as.never$efore. �troll through Union and Confederate enca'mpm'-entsl 194 Department Report: I C, OF TO: The Honorable Mayor and Members of the City Council FROM: Oscar Santana, Management Analyst 9� DATE: December 20, 2011 RE: Department Report - Grant Update The following is an update of various grants for which City staff has received funding, as well as updates on existing grants. During calendar year 2011, the City was awarded $168,918 in grant funds. Grants Applied for and/or Awarded in 2011 Indian Gaming Special Distribution Fund (SB 856) The City was awarded $105,844 from California's Indian Gaming Special Distribution Fund toward continuation of salary and benefits for an additional motor officer to assist with increased traffic generated by patrons traveling to and from the Augustine Casino, via City roadways. Senate Bill 856 established the method of calculating the distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming. The bill required each county's Indian Gaming Local Community Benefit Committee to submit to the State Controller a list of approved projects, upon which the Controller would release the funds directly to the chosen local government entities. On February 16, 2010, City Council authorized the filing of a grant application with the Indian Gaming Local Community Benefit Committee for funding based on the City's proximity to the Augustine Casino. The 195 Augustine Band of Cahuilla Indians submitted a letter of sponsorship in support of the City's grant application. Edward Byrne Memorial Justice Assistance Grant (JAG) The City applied and was awarded JAG grant funds in the amount of $16,152 for Fiscal Year 2011/2012. The City Council approved submission of a grant application to request funding for the purchase of equipment for its police department. The grant funded equipment will enhance the quality and effectiveness of enforcement efforts and traffic collision investigations, as well as enable officers to better document interaction with the public. Equipment includes electronic ticket writer, digital camera, VIEVU wearable video cameras, laptop computer, and computer storage device. Federal Emergency Mananement Agency (FEIVIA) Staff applied for a FEMA grant in the amount of $10,890 through the Emergency Management Performance Grant Program to improve the City PREP program capability and Community Emergency Response Team (CERT) Program Response capability. This grant funding is based on an allocation and requires a 50% match; staff will be notified when funding is awarded. Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) City applied for and received $25,368 to retrofit three (3) diesel vehicles to meet South Coast Air Quality Management District (AQMD) air quality regulations. The final payments of $25,368 were received in 2011. State Office of Historic Preservation (OHP) City staff applied for and was awarded $10,000 funding through OHP for consolidating and digitizing the Historic Resource Surveys. The project includes updating and digitizing two La Quinta's Historic Surveys and to make them available, on the City's website, as a component for outreach and public education. This grant requires a 40% in -kind match which will be provided by staff time spent on the project and does not have a direct fiscal impact on the City. Department of Conservation The California Department of Conservation through the CalRecycle Division provided $10.5 million in funding through their City/County Payment Program beverage container recycling and litter cleanup projects for Fiscal 196 Year 2010/2011. The City was awarded an allocation of $11,554 based on population. Staff intends to purchase trash cans made of recycled materials. Remaining funds will be carried forward for future recycling and litter prevention projects. This listing does not include subvention funds and other funds that the City automatically receives from the Federal, State, County governments and periodic grants the Police Department applies for and administers on behalf of the City. Examples of this type of revenue include California Traffic Congestion Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, COPS funds, and various tra nspo nation -related funds. 197 DECEMBER 20 DECEMBER 25 DECEMBER 26 JANUARY1 JANUARY2 JANUARY3 JANUARY12 JANUARY16 JANUARY17 FEBRUARY 7 FEBRUARY 16 FEBRUARY 20 FEBRUARY 21 DEPARTMENT REPORT: 3A CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CHRISTMAS CITY HALL CLOSED — CHRISTMAS OBSERVED NEW YEAR'S DAY CITY HALL CLOSED — NEW YEAR OBSERVED CITY COUNCIL MEETING -Vacancy Appointment PILLARS OF THE COMMUNITY MARTIN LUTHER KING DAY — CITY HALL CLOSED CITY COUNCIL MEETING CITY COUNCIL MEETING ATHLETIC HONORS CITY HALL CLOSED — PRESIDENT'S DAY CITY COUNCIL MEETING 198 December 2011 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday January November 11 12 M W T F S S M T W T F S 12 00 PM Mayors Lunch 6:00 PM CHRIST- MAS TREE T 2 3 4 5 1 2 3 4 5 6 7 LIGHTING 6 7 8 9 10 11 12 8 9 10 11 12 13 14 ] 1 3 14 1 5 1 6 1 7 1 8 1 9 15 16 17 18 19 20 21 20 2 1 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 4 5 6 7 8 9 10 10:00 AM Transp- 3:00 PM City Council 11:30 AM . 1:30 PM 11:00 AM CVCC.VACANT 8:30 AM - 11:00 Henderson Meeting HOLIDAY OPEN 12:00 PM Energy/ AM BREAKFAST 4:30 PM E"o Cims- HOUSE Envim.-VACANT WITH SANTA Adolph 10:00 AM . ALRC 6:00 PM 110 Energy Cinte-Finamfin 11 12 13 14 15 16 17 5:30 PM Community 7:00 PM Planning 9:00 AM RCTC- 3:00 Pill Historic Preser- 9:00 AM CVA-E,,ans 9-00 AM - 2:00 PM services commission Corwrassion Henderson vation Commission HAZARDOUS 0:00 PM League. 2:00 PM J. Cochran Reg WASTE DISPOS- Henderson Amort-Franidin ALEVENT 4:00 Phl Investment Advisory Board 18 19 20 21 22 23 24 3:00 PM City Council Christmas Eve Meefing 25 26 27 28 29 30 31 Christmas Holiday 7:00 PM Planning NEW YEARS EVE Observed - CITY Commission HALL CLOSED Christres; Day Printed by Calendar Creator Plus on 12/14/2011 � of � 199 January 2012 Monthly Planner Sunday Monday 'Tuesday Wednesday Thursday Friday Saturday 2 3 4 5 6 Nenv Years Day 1010 PM city council Meeting 10WAM-ALRC Holiday Observed - CITY HALL CLOSED New Years Day 8 9 10 11 12 13 14 10:00 AM Pub. SIty- 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus- Frarldin Henderson Conversion Henderson I 100 AM CVCCNACANT 12:00 PM Transporabon - Hencemon 4:00 PM Invultment Advisory Board 11:00 AM Pilam Of The cornmunity-cwic Comer 3:00 PM Mtns. Campus Consversanzy-franklin 12:00 PM Energyl 5:30 PM Corn=nftY Emiron.-VACANT s�ices corrunivocm 8.00 Ply League - Henderson 15 16 17 18 19 20 21 3:00 PM City Council Meeng 10:00 AM Homelessmn Crus - FranMin 3-90 PM Historic Planar. 9:00 AM CVA-Evans v 2:00 PM J Cochran Reg vation cominission Akport-Franl,in Martin Luther King's Birthday (CITY HALL CLOSED) 22 23 24 25 26 27 28 7:00 PM Planning 12:00 PM Surdine-Adolph 9:00 AM LAFCO. Convidission Henderson 29 30 31 6:00 PM Exec Contra.. Adoliph December I I February 12 S M T W T F S S M T W T F S 12-3 1 2 3 4 4 5 6 7 8 9 10 5 6 7 8 9 10 11 11 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 26 27 28 29 Printed by Calendar Creator Plus on 12/14/2011 -.0, 200 February 2012 Monthly Planner Sunday Monday iTuesday Wednesday Thursday Friday Saturday 1 2 3 4 January 10:00 AM - ALRC 12:00 PM Mayoes Lunch S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 10:00 AM Transir- 3:00 PM City Council Meeting 9:00 AM RCTC- 11:00AMCVCC.VArANT 12:00 FM EnarItyl Henderson 6:00 PM He Energy Henderson 4:00 I'M Investment Enviren.-VACANT CM-Fwldln Advisory Board 12 13 14 15 16 17 18 10:00 AM Pub. Sfty- 7:00 PM I'lanning 10:03AMHornalessness Crft,,Fwld,n 11:00 AM Athletic 9:W AM CVA-Evans Henderson 5:30 PM rommundy Commission 2:DO PM J Cochran Reg.Aimon-FnaNdin Honors - Civic Center Campus smicescommission 3:00 PM Historic Preser- 6:00 I'M League- vation Commission Henderson 19 20 21 22 23 24 25 3:00 PM City Council Meeting 12:00 PM Sunlime-Adrdph Presidenfs Day (CITY HALL k26 CLOSED) 27 28 29 6:00 PIA Exec Cffde.- 7:00 PM Planning Much Adolph Commission S M T W T F S 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 12f14/2011 201 DEPARTMENT REPORT: - TO: The Honorable Mayor and Members of th City Counci 1 7� FROM: Greg Butler, Building & Safety Directoppe> DATE: December 20, 2011 RE: Department Report — November 2011 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of November. The statistical summaries depict the following highlights: Year-to-date building permit valuation is $34,550,959 which includes the issuance of 39 building permits in November; Animal Control handled 401 cases in November; Code Compliance initiated 188 cases in November; Garage sale permits generated $1610 revenue in November. 202 U) U) z .j LL. LU 00. ------- ---- -- - - -- tb 94 "1 m C4 ! in m c 0 It! m Ln N�NlLn,w N (4 la A a* 0 m Go N cc 0 'a 1 C4 Go I M fA C; e G� ;61 -� or Ch! 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V� H NH NH q rk P4 �,4 CH4 IH 10, 0� QH ou m 0 0 W 0 0 Q z w pq H H E� C4 Ea Ad g Hn to 0 z CLI I I M Da P3 P4 U U Z.3.3 pk H ta 04 06 on A U H H 00 0 m u H E, : E .4 " 4 4 � I � 8 o 0 0 POCOWUNN� ommm ED pq ca u 1� 9.4 0 0 C4 0 u N H 0.0 MQC4.a%9ANPAw MMMIA 204 0 CL a) cn 2 0 0 '79 E .E M - w v m -It m a w �o � -e M � - N 0 N � M M m � m 't m to EN cq w 0, w 't — — � -0 � W 0 CD 0 0 'r 0 CN - co � " I dc, C) C> 40 C, to r- m ol 0 Iq IT 0 z - I 'w 04 cq Clil- clak o Mo CN 't 10 m 0 cl 0 It Mj_j ,t C> ID Wj� 00 0 N ICD � cn WIM -Im co r.. co I 1 F1 I P V) m N cq C, CO N t- C! dcl+ M1,01 C4 M co co a to I, a N 0 N N MNMONO (D co 0': C 'o v M Tr C4 4 ID ID C) N co -4 EN CN (N 'N v co N CN r- v m � " m � ID v 0101 olol 0 CO v c" w ID N 0 U- 0) cq 0 0 0 a rl- 0 CC W 0 N V) w 0 0 0 0 Slco N fD cq o (0-0 v w t, 0 0 E W (D S m u a 0 CL E E iL E u) z Q) E c m .2 C m w % 0 E E tf m < E 0 -0 Q) 2 4) a 'E fn 0 2 < a z 30 -0 .2 z Co C co c > CC C , ca 4) 76 �: 0 0 (D 0 Q) 0 > -1 tm IFC 00 43 < a) 0 0 < o 0 0 0 z w w E m 2 E LL 0 CM E - 0 0 w 0 C3 Co 0 > o 0 0 0 0 a Z E < 0 53 < 0 z n � 205 It 0 cc -W co Ag CL E 0 0 cm w N m co M) (N W) w W) C4 co 0 > 0 LO co 14 C4 0 0 w v m 0 ID C14 (D (D 0 co 00 m N (0 0 0 a 0 CN co 1"'l loicol 11 0 V oco C4— (D NM co co � CM C4 N w 11 (0 w M N W N 0 w co co 0 0— co co 0) v m cq cm N 0 w m ID 00 LO ca (D v -q 10 m r- C4 le 0 M Cc 2 m N Go -c;; z 7 77'0 i7 7 Z m " 0 � r- m N CN C4 14 LO m U. 1;7 Z;� '45 a ;F iz m m N co 0 V N 0 w LU CL V) 4) 0 CL U) V) z c z w m U) z 0 Z Z 2 C LU fA CL w o U) LU w LU 2 z > :3 U) w 2 CL 'ro ui ui w z 0. Cc w 2 0 CL w w LU w z m 2 '0 LU v 0 'o E -1 CL IL Uj a) L) a) a 0-5 (L w (D co V- U) -a w OD < L) Z E E w ra) E 0 U) LU 1� E Lu < U 0 < < 0 0 C m — U) 0 U U) 0 (]E j -i U cc M V) 0 0 1- w 0 z m V) 0 0 U. w w 0 CL U) NIO W i -i -1 a 0 Hal 0 5 LU w 5 40040 z I col [—" I (D 0 x 206 DEPARTMENT REPORT: _5 4 OF TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Com . munity Services Directme DATE: December 20, 2011 SUBJECT: Community Services Department Report for November 2011 Upcoming events of the Community Services Department for January 2012: Computers *Basic Computer *Use a Digital Camera *Basic Internet and Email Adobe Photoshop Elements, Senior Center Intermediate Computers, Senior Center Conquering MS Excel, Senior Center Dance *Swing/Latin Fusion *Dance Workshop *Intermediate Tap Hip Hop, La Quinta High School Dance, Play & Pretend, La Quinta High School Beginning Ballet (5-10 yrs.), La Quinta High School Ballet/Tap (4-6 & 7-10 yrs.), La Quinta High School Jazz/Hip Hop (3-5 yrs.), Fitness Center Pre-Ballet/Jazz (3-5 yrs.), Fitness Center Dance and Cheer (6-9 yrs.), La Quinta High School Performance, Rhythm & Tap (18 yrs. & up), La Quinta High School Hawaiian Dance (14 yrs. & up), Senior Center Exercise & Fitness *Morning Workout *Mat Pilates *Tai Chi Chuan/Qi Gong *Yoga for Health *Chair Yoga W.E.L.L. Morning Walks, Civic Center Campus Adult Walks, Fred Wolff Bear Creek Nature Preserve Walks for Kids and Families, Fred Wolff Bear Creek Nature Preserve Yoga AM, Library Yoga PM, Library Jazzercise, Senior Center Zumba, Senior Center 207 Kids in Motion, La Quinta High School Free Programs *Quilters *Woodcarvers Leisure Enrichment Italian for Everyone, Senior Center Expressive Landscape in Acrylic, Senior Center Martial Arts Karate/ Taekwondo, Senior Center Music Beginning Guitar, Senior Center Rock n' Blues Guitar, Senior Center Special Events *Chili Cook -Off Luncheon *Evening Dance Pillars of the Community, Civic Center Special Interest *Beginning Bridge *Dog Training *Expressive Landscapes in Acrylic *Basic Drawing Skills *Intermediate Ukulele *Hooked on Loops Sports Open Gym Basketball & Volleyball *Senior Center class or activity 2 08 Community Services Department Attendance Report for November 2011 Summary Sheet - Variance Sessions Per Month Proaram 2011 2010 2011 2010 Leisure Classes 186 140 46 83 82 Special Events 475 200 275 3 2 Sports 280 241 39 22 18 Senior Center 1140 1271 -131 92 113 Total 2,081 1,852 229 200 215 Senior Services Senior Center 2661 211 55 21 8 Total 266 211 55 21 8 Sports User Groups La Quints Park AYSO 1500 1500 0 15 20 Desert Boot Camp 50 50 0 11 9 LO Rugby Club 30. 25 5 51 12 Sports Complex LQ Youth & Sports -1 175 60 115 19 11 PDLQ Football 140 150 -10 12 14 Colonel Mitchell Paige AYSO 250 300 -50 6 6 LO Rugby Club 30 0 30 4 0 C.V. Revolution 20. 25 -5 7. 9 L.Q. Futbol - Barcelona 201 0 TO 2 0 Facility/Park Rentals Senior Center (Private Party) 50 250 -200 1 2 (Sunday Church) -2 300 600 -300 4 8 Museum Meeting Room/Courtyard 150 0 150 1 0 Library I I Classroom 6001 660 -60 10 11 Civic Center Campus (Private Party) 150 100 50 3 2 LQAF Blues & Brews 2000 1025 975 1 1 Park Rentals La Quinta Park -3 1600 200 1400 1 4 Fritz Burns Park 50 100 .-50 1 2 Total 7,115 5,045 2,0701 1031 ill ITotal Programs 9,4621 7,1081 2,3541 3241 334 Volunteer Hours I Senior Center 1311 2491 -118 ITotal Volunteer Hours - 1 Winter Ball League was minimized in 2010 due to Sports Complex Core construction. -2 Two church groups met at Senior Center in 2010; only one church group this year. -3 Martha's Village & Kitchen 5K RunfWalk on Thanksgiving Day; 1600 participants. 209 Community Services Department Program Report for November 2011 2011 2010 2011 2010 Participants Participants Variance Meetings Meetings Leisure Classes Pre-Ballet/Jazz 3-5 3 0 3 5 0 Ballet/Tap 4-6 6 9 -3 5 4 Dance And Cheer 10 0 10 5 0 Play with PowerPoint 6 0 6 1 0 Guitar - Beg. 6 11 -5 2. 3 Guitar - 2nd level 8 5 3 2 3 Zumba 15 15 0 9 6 Yoga - Morning 5 11 -6 5 4 Yoga - Evening 11 12 -1 3 2 Elements - Beg. 4 6 -2 4 5 Computers - Beg. 5 10 -5 3 4 Karate/Taekwondo 4 - 8 (Beg.) 17 NA 17 9. 0 Karate/Taekwondo 4 - 8 (inter.) 39 NA 39 9 0 Karate/Taekwondo 9 & up— 30 NA 30 9 0 Dance, Play & Pretend 9 7 2 4 2 Jazzercise 12 12 0 8 9 Totals 186 98 88 83 42 2011 2010 2011 2010 Participants Participants Meetings Meetings Special Events -Variance Moonlight Movie @ Old Town 125 0 125 1 0 Veteran's Day Tribute 250 150 100 1 1 Stan Sniff Event 100 0 100 1 0 Totals 475 150 325 3 1 2011 2010 2011 2010 Participants Participants Variance Meetings Meetings Sports Open Gym Basketball 164 173 -9 14 14 Open Gym Volleyball 40 58 -18 3 3 W.E.L.L. Walking Club 8 10 -2 1 1 Nature Walk 18 0 18 1 0 Y-Rookies (youth soccer program� 52 31 0 Totals 2:201 24211 591 2i 181 lCommunity Services Totals 1 9411 4891 4521 1081 61 V", 210 Community Services Department Monthly Revenue Report for November 2011 Monthiv Revenue - Facilitv Rentals 2011 2010 Variance Library $ 300.00 $ - $ 300.00 Museum $ 150.00 $ - $ 150.00 Senior Center -1 $ 1,410.00 $ 3,647.50 $ (2,237.50) Parks $ 1,000.00 $ 770.00 $ 230.00 Sports Fields $ 1,226.00 $ 1,191.00 $ 35.00 Monthly Facility Revenue $ 4,086.00 $ 5,608.50 $ (1,522.50) Manthiv Revenue Senior Center $ 3,534.50 $ 4,112.00 (577.50) Community Services $ 6,140.00 $ 2,594.00 $ 3,546.00 La Quinta Resident Cards $ 15,055.00 $ 13,510.00 $ 1,545.00 TotalRevenue $ 24,729.50 $ 20,216.00 $ 4,513.50 Revenue Year to Date Facility Revenue $ 13,954.00 $ 23,900.50 $ (9,946.50) Senior Center $ 15,181.00 $ 17,008.50 $ (1,827.50) Community Services $ 29,028.50 $ 23,005.00 $ 6,023.50 La Quinta Resident Cards $ 31,050.00 $ 28,000.00 $ 3,050.00 Total Revenue to Date— $ 89,213.50 $ 91,914.00 $ (2,700.50) 1 Decrease in revenue due to loss of church user group on Sundays. .'a— - 211 Senior Center Attendance Senior Center Program Report for November 2011 Participation Participation Variance Meetings Meetings 2011 2010 2011 2010 Senior Activities ACBL 2 99ers 154 117 37 4 4 Bridge, Social/Party 296 407 -111 13 17 Monthly Birthday Party 45 38 7 1 1 Monthly Luncheon (Thanksgiving) 138 138 0 1 1 Movie Time 41 30, 11 3 2 Tennis 165 139 26 8 8 Putting Action 6 17 -11 1 4 Senior Activity Total 845 886 -41 31 37 Senior Leisure Classes Beginning Ukulele 11 4 7 4 4 Chair Yoga 4 0 4 1 0, Digital Camera 2 8 0, 8 1 0 Exercise 42 44 -2 12 12 Golden Tones 64 72 -8 5 5 Hooked on Loops 8 6 2 4 4 Intermediate Bridge 12 0- 12 4 0 Mat Pilates 16 20 -4 12 12 MS Word 3 0 3 3 0 Quilters 28 15 13 3 2 Swing/Latin Fusion 3 14, -11 3 5 Ukulele Players 70 631 7 6 6 Woodcarvers 22 9 13 2 2 Yoga for Health 4 13 -9 1 4 Senior Leisure Classes Total 295 260 35 61 56 TOTAL SENIOR PROGRAMS 1 140 1146 -6 92 93 Senior Services FIND 139 126 13 4 3 HICAP 12 01 12 4 0 Notary/Financial/Legal/Alzheimer's 7 0 7 5 0 Presentations/Health Screenings" 76 32 44 8 4 Volunteers 32 46 -14 n/a n/a TOTAL SENIOR SERVICES 266 204 62! 21 7 SENIOR CENTER TOTAL 1406 1350 561 113 1001 * *Included: Huh, Help U Hear, Medicare D Workshops, JFK Medical Expert Series, Eisenhower Medical Center Emergency Prepardness & Trident Society 212 The Gems svmbolize the Wellness Svstem Fees Ruby Level = $50.00 Self -Directed Program; One Year -Key Use Sapphire Level = $175.00 All Ruby Level Benefits; Pre -Fitness Assessment Test; Custom Designed Program by Personal Training Staff; Post -Fitness Assessment Test Diamond Level = $295.00 All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions * Members Sold is the # of memberships sold that day. * Walk-ins are people without membership cards that are paying a daily $5 fee. * Daily counts are the # of Members coming into the center that have had their membership cards scanned by us. e The totals at the end of each row is the total of all of the above transactions for the day. a ' ..1- 213 Parks Activities Updates For November 2011 The dog facilities were closed on November 1, 2011 for over -seeding while the Pioneer Dog Park remained opened. The Seasons and Fritz Burns Dog Parks re -opened on Wednesday, November 23, 2011. Due to the ideal weather conditions, these two dog parks were able to open one week earlier than expected. The Civic Center Campus was in great shape for the La Quinta Blues N Brews event that was held on November 19, 2011. The annual event was hosted by the La Quinta Arts Foundation and the initial reports indicated they had a record attendance this year. 214 Department Report: OFT TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directe7�1/ DATE: December 20, 2011 SUBJECT: Department Report for the Month of November 2011 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of November 2011. 215 z LU a- uj 0 0 z z —j CL 0 CL LLJ cr z LU fL LU a 0 (N cr LLI co 2 LLJ 0 z 0 LU z 0 1-- 2 a. m D U) CO) LU uj be 0 U-0 0 a) 0 a) a) 0 4) a) a) (1) (1) a) a) (1) 41) 0) (1) 4) Q) Q) M (1) LU a) "0 E E E E E E E E E E E E E E E E E .0 .0 .0 .0 .0 m m .0 .0 .0 .0 .0 .0 m .0 .0 .0 .0 .0 LU -0 n .0 3 .0 m = m n = 3 m = :5 D = D m = m = m n = m z (D w 0 0 0 w 0 0 0 w w w 0 w 0 w w w 0 w 0 w 0 _3 CL 0 cq 0 0 0 0 N m IL cv) CY) a I z z 0 < UJ 0 CL LU (n 0 U) Z c c (n c E u) ce cc E 0 0) a- :t a) d) r E 0 :t E E E w FO -0 (n CL a) CL Q CL Co E uj a) 0) 0 L (n (A CL m 0 cn :L- C: (D (D 0 CL w CM co a- E E Cc , 0) < S E E 4) E > cn .5 < IL U) E 00 " 0) E cn ca Q) U) M M = a) co (L 0 C 0 0 C w CL C > 0 E 0- F- > 0) C c r- E a) -0 (D .2 a) C ca E a- ca 0) (D ca 0 o L) 0 E c M < D m 0 c > 0 0 z > > Z, o o —1 Co 2 c CL Lr- M '01 o CL a) tm c a) o 0 0 (D 0 E (r-D Cl. CL c 0 > a) m C: a) o M a) CL c a) c 4) 0 L < u .G LL (D 0 CL " (L — u) - w J) u) F- tL5 r-4 U) um) 216 C14 0 0 C) CY) < (r LU Z m 02 LU > 0 z 20 0 u 0 C14, z CL r- N OD LO Cd z 0 CL E u (f) LU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 uj uj . E . E . E . E . E . E . E . E . E . E E E E E E E E > o C) .0 .0 .0 .0 .0 .0 -0 .0 m .0 .0 m .0 m m -0 m CC D z D z m m 0 m m m D m D z n D IL 0 C*4 0 0 0 (N CN 0 0 0 0 < LU z D 0 -j 0 < LL P: LU z LU U3 C C c a) a) E w L) E U) E Lu cr -j LU E E a) (D a. E .0 -a .2 a) CL 4) CD CL LL CL a) U) CM c (D CL < m 0 M o 0 < c E > m > a) E E < iE LU IL E C 0 c C > MWCICTM" a_ a) a) -0 1 0 :t: E 0 -6 1 cL E iL a) o D 0 c 0 E CL E > o z u z 0 — :t 0 c o m _j Lr- 0 , CL 0) 4- , m M a) U '> a (D a) F- C 0 > 0) r C r CD 0 (M Lm :t a) CL c q c c 0 0 < w U- M 0 M W 0 No No 217 m DEPARTMENT REPORT: 2 MEMORANDUM TO: , The Honorable Mayor and Members of the City Council FROM: Timothy R. 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I CL r 0 0 c — cc 0 ca ca co co CD LO Cd Cq ci Do F� LO co C14 0 CL 0 0 Im E C E U) W 0 10 E > r m -0 rz 4) 0 :1- � U*) 0 0 C CL .0 M > c 5. _j 0 -0 0 m r CL 0 cc r c m 0 0 0 -.5 A q 0 m 0 > > 0 c cm c LL 0 0 0 m .15 0 4) M 0 4 E -E E 0 Ln :2 E 0 0 0 IM r 0 IL r� � 'D co cL ca E 0 0 10 CL E IL C > > :E 0 VA r_ 0 0 0 —0 cl to 3 00 C* mo r- m c ca 0 224 CL 0 CL > M c 0 C4 0 0 E N cc N In N CC 0 a N -i C LU c c LU m 0 N U) MONTHLY SUMMARY OF PUBLIC WORKS TASKS MONTH OF: November 2011 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew#3 Maint. Mg. Code Activity 4 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 44 93 63 7 207 1001 Pot Hole -Repair/Patching 4 5 0 0 9 1002 Crack/Joint-Repair 0 0 0 0 0 1003 Pavement Marking/Legends 0 0 0 0 0 1004 Pavement Marking/Striping 0. 0 A 0 01 1005 Curb Painting 0 0 0 0 01 1006 Other Traffic Controls 0 35 0 1 36 1007 Curb & Gutter Repair/Const. 0 0 0 0 0 1008 Other Concrete Repairs/Const. 0 0 0 0 0 1009 Street Sign Install (New) 14 0 0 0 14 1010 Street Sign Repair/Maint 46 8 0 0 54 1011 Debris Removal 25 26. 12 4 67 1012 Right of Way Maint. 6 34 47 0 87 1021 CLEAN Catch Basin Inlet/Outlet 0 10 0 0 10 1022 Rondo Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 9 0 4 13 1024 Gutter/Median Sand Removal 2 1 0 0 3 1025 Street Sweeping (Machine) 0 195 0, 0 195 1026 Street Sweeping (Hand) 0 6 0 0 6 1027 Sidewalk/Bike Path Cleaning 0 0 0 0 0 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 4 15 126 0 145 1041 Irrig/ Weeding, Shrubs & Tree Trimming 52 1 125 7 185 1051 Landscapelirrigation Contract Managemen 0 0 17 13 30 1052 Lighting/Electrical Contract Management 0 0 13 13 26_ 1061 Small Tools Repair/Maint. 0 0 0 0 0 1062 Equipment Repair/Maint. 0 0 0 0 0 1063 Vehicle Repair Maint. 0 28 0 0 28 1081 Trash/Litter/Recycable Removal 3 0 11 0 14 1082 Vandalism Repairs 0 1 0- 0 1 1083 Graffiti Removal 251 83 37 10 381 1084 Maint. Yard Building Maint. 16 19 0 7 42 1085 Seminarsfrraining 0 8 0 46 54 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 99 10 9 0 118 1088 Meeting 2 22 4 22 60 1089 Office (Phone, paperwork, reports, Misc.) 291 Z 1 5 43 117 [SUBTOTAL 6011 655 4691 177 1902 1091 Over Time 0 0 22 0 22 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 18 28 0 0 46 1096 Vacation 67 35 63 0 165 1097 Holiday 114 82 72 27 295 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement/ STD 01 01 01 0 0 19 11 -1571 271 1 528 iBTOTAL' T947 HOURS 80201 90021 6261 2041 1 2430 ITOTAL MILES 36821 35761 27281 1991 1 10185 225 Department Report: 9 E LA UNTA P @v- LICE Served by the Piverside Courrty Sherff s Deparnent Police Department Monthly Report November 2011 Preparedfor 226 11 La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Raymond Gregory Chief of Police Tuesday. November 1. 2011 12:30 PM — Officers conducted a follow up to a fraud case that occurred at multiple locations in the Coachella Valley. Carly Dimeno, 30, of La Quinta was arrested for commercial burglary and unlawful use of an access card. Dimeno was booked at the Indio Jail. 8:57 PM — Officers responded to a report of a domestic disturbance in the 80000 block of Via Valerosa. Martha Martinez, 48, of La Quinta was arrested and booked on charges of felony spousal battery and assault with a deadly weapon. Wednesday, November 2,2011 6:50 AM — Officers handled a report of an unattended death in the 55600 block of Oak Hill. An adult male, 75, appeared to have passed away due to natural causes. 4:30 PM -- La Quinta Special Enforcement Team Officers conducted a vehicle check in the 79110 block of Highway I 11. Francisco Valencia, 24, of Coachella was arrested for possession of cocaine. He was booked into the Indio Jail. Thursday, November 3,2011 9:11 AM — Officers responded to a vehicle burglary at Avenida Bermudas and Calle Tampico. The suspect stole the victim's car stereo and amplifier. A witness provided a description of a suspect vehicle and a partial license plate number. 11:22 AM — Officers conducted a vehicle check at Darby Rd. The vehicle matched the description provided by a witness in a vehicle burglary reported earlier in the day. Based on evidence located in the vehicle, Jose Ruiz, 42, of Indio was arrested for possession of stolen property. 4:01 PM -- Officers responded to the 79900 block of Hwy I I I regarding a theft. Two adult males entered the store and placed items into a reusable shopping bag and exited without paying. 10:24 PM -- La Quinta Special Enforcement Team Officers arrested Ricardo Jimenez, 39, of Indio for possession of methamphetamine during a traffic stop at Eisenhower Drive and Calle Hidalgo. Jimenez was booked into the Indio Jail. Friday, November 4,2011 8:30 AM —Officers handled two vehicle burglaries in the 81000 block of Rancho Santana. Bothvehicles had the driver's side window shattered and vehicle stereos were stolen. 8:30 AM --- Officers responded to the 51600 block of Avenida Obregon regarding an act of vandalism and theft from an unlocked vehicle. 12:18 PM — Officers handled two vehicle burglaries in the 81600 block of Rancho Santana. There were no signs of forced entry. � 11 227 11:30 PM — Officers were dispatched to a report of a domestic disturbance in the 80100 block of Avenue 52. Roy Miranda, 42, of La Quinta assaulted his wife and fled. Miranda will be arrested for assault when he is located. 11:36 FM — Officers responded to the 43400 block of Bordeaux Drive in reference to a suspicious vehicle Officers located a vehicle with stolen plates parked in the driveway. Officers located Michael John Remboltz who was arrested for possession of stolen property and committing a felony while out on bail. Remboltz was booked into Indio Jail. Saturday. November 5. 2011 2:39 AM — Officers arrested Zoltan Molnar, 3 1, of Palm Springs for driving under the influence at Avenue 50 and Washington Street. Mohiar was booked into the Indio Jail. 9:15 AM — Officers responded to the 78800 block of Irwin Circle regarding a vehicle burglary. The vehicle's rear window was shattered but no items were reported stolen. 9:15 PM -- La Quinta Special Enforcement Team Officers conducted a vehicle check in the 53 100 block of Avenida Carranza. Officers contacted parolee Andrew Yariez, 42, of La Quinta. Yanez was arrested for possession of a hypodermic needle. Jose Estrada, 30, of Indio was booked into the Indio Jail for a parole violation. Sunday, November 6,2011 1:27 AM — Officers arrested Phillip Dominguez, 27, of Indio for driving under the influence at Adams Street and Avenue 48. Dominguez was booked into the Indio Jail. 4:54 PM — Officers responded to the 52700 block of Avenida Vallejo regarding a report of child abuse. Charges were filed out of custody on Migule Cann, 61, of La Quinta due to a pre-existing medical condition. The victim did not sustain any visible injuries. 6:06 PM — Officers responded to the 79200 block of Highway I I I regarding a shoplifter. Richard Charlier, 22, of Palm Desert was arrested for shoplifting and booked at the Indio Jail. Monday, November 7,2011 9:58 AM — Officers were dispatched to an attempted suicide in the 50600 block of Eisenhower Dr. An adult female, 44, took an excessive amount of sleeping pills in an apparent attempt to end her life. She was transported to the hospital for a 72-hour evaluation. 10:53 AM — Officers responded to the 53200 block of Avenida Juarez regarding a report of suspicious circumstances. Marlena Walker, 74, of La Quinta was found to be removing property from the location. Charges will be filed out of custody on Walker due to her age and ill health. 12:00 PM —Officers responded to a report of vandalism in the 43100 block of Palm Royal Dr. An unknown suspect tampered with the electrical room and cut wires affecting the alarm and phone service at the location. Tuesday, November 8, 2011 7:50 PM — Officers responded to the 79200 block of Diane Dr. in reference to an attempted suicide. An adult female, 41, of La Quinta was transported to Eisenhower Medical Center for treatment. ,is 228 11 Wednesday, November 9,2011 12:02 AM — Officers arrested Robert Shelton, 55, of Cathedral City for driving under the influence, driving on a suspended license and two misdemeanor warrants at Avenue 48 and Adams Street in La Quinta. Shelton was booked into the Indio Jail. 8:40 AM — Special Enforcement Team officers responded to the 56200 block of Orange Street, Thermal and arrested Ruben Perales, 25, of Thermal for a felony drug warrant. Perales also admitted his guilt in multiple burglaries in La Quinta. Perales was booked into the Indio Jail for the warrant and for burglary. Investigation ongoing. 1:20 PM — Special Enforcement Team officers conducted a vehicle check at Avenida Ramirez and Calle Sonora. Jose Carrillo, 24, of La Quinta was found to be in possession of methamphetamine. He was booked into the Indio Jail for possession of methamphetamine for sales. A second suspect Rafael Delatorre, 55, of La Quinta was arrested for possession of methamphetamine. 5:57 PM — Officers responded to the 78900 block of Highway I I I regarding a report of shoplifting. Jaime Aguilar, 29, of Coachella was arrested and booked at the Indio Jail for commercial burglary. Thursday, November 10, 2011 1: 19 AM — Officers were dispatched to the 43 100 block of Palm Royale Drive regarding a residential burglary. An unknown suspect stole the victim's purse. 8:33 PM — Special Enforcement Team officers conducted a pedestrian check in the 43 100 block of Palm Royal. Cluistopher Orduno, 35 of Thermal was arrested for possession of drug paraphernalia and being a felon in possession of a firearm. Jose Vega, 25, of Indio was also arrested for a misdemeanor DUI warrant and a misdemeanor drug paraphernalia warrant. Joseph Alvarez, 3 1, of La Quinta was arrested for a misdemeanor stolen vehicle warrant and a misdemeanor fraud warrant. Megan Lundquist, 24, of Palm Desert was arrested for being under the influence of a controlled substance and possession of methamphetamine. All four suspects were booked into the Indio Jail. FridaV, November 11, 2011 7:27 AM — Officers responded to a home invasion robbery in the 53500 block of Avenida Obregon. The suspects fled the scene prior to arrival. The suspects detained the victims and stole an undisclosed amount of money. 2:16 PM -- Officers responded to the 79700 block of Rancho La Quinta Drive reference a burglary. The suspect used a golf cart to transport stolen property to the north east portion of the complex. Saturday, November 12, 2011 12:52 AM — Officers arrested Brian Stuck, 27, of Rancho Mirage for driving under the influence at Washington Street and Via Sevilla. 10:30 AM — Officers were dispatched to the 43400 block of Bordeaux Dr. regarding a wanted subject. Michael John Reinholtz, 55, who was taken into custody on three felony warrants and one misdemeanor warrant. Remboltz was transported and booked into the Indio Jail. Sunday, November 13,2011 2:15 AM — Officers arrested Albaro Avila, 20, of La Quinta for driving under the influence at Colima and Eisenhower. .. it 229 2:50 AM — Officers arrested Ricardo Acosta Magana, 2-3, or coacnelia for driving under the influence at Washington Street and Avenue 48. 5:10 AM — Officers responded to the area of Avenida' Velasco and Calle Durango reference numerous gun shots being heard in the area. Officers were unable to locate any suspects, vehicle, or property damage. Monday, November 14,2011 10:30 AM -- Special Enforcement Team Officers conducted a pedestrian check at Washington Street and I Avenue 48. Larry Gaylor, 43, of La Quinta was arrested for a felony drug warrant and possession of methamphetamine. He was booked into the Indio Jail� 5:02 PM — Special Enforcement Team Officers conducted a traffic enforcement stop at Calle Sinaloa and Eisenhower Drive. Andrew Illabara, 30, of Mecca was arrested for possession of methamphetamine. He was booked into the Indio Jail. I Tuesday, November 15,2011 12:00 PM — School Resource Officers arrested a male student for assaulting a school security officer and resisting arrest. The juvenile was booked at Indio Juv I enile Hall. 7:28 PM — Officers responded to the 79800 block of Rancho La Quinta Drive to investigate a burglary. There was no sign of forced entry and it appears the residence was unlocked. 11:30 PM — Officers were dispatched to an alarm activation in the 78500 block of Hwy I 11. The rear door was pried open and the employee lockers were broken into. ANIL Wednesday, November 16,2011 5:49 AM — Officers responded to a npmt W a ..e., . I om a vehicle in the 47700 block of Dune Palms Rd. 4:00 PM — Special Enforcement Team Officers served three property related search warrants. Two of the search warrants were served in the 51300 block of Tyler Street, Coachella. During the search warrants stolen property was recovered from a vehicle burglaj� that occurred in the Rancho Santana community. The third search warrant was served in the 56200 block of Orange Street, Tbermal. Ruben Perales, 26, of Thermal was arrested for possession of methamphetamme and possession of drug paraphernalia. He was booked into the Indio Jail. Thursday, November 17,2011 1:30 PM — Officers responded to a report of an unatteinded death in the 78300 block of Crestview Terrence. An adult male, 43, of La Quinta appears to have passed away of natural causes. 1 10:53 PM -- Officers were dispatched to an alarm activation in me 50 100 block of El Dorado Drive. I Officers found the rear glass door to the master bedroom shattered and slightly open. It does not appear the suspects entered the residence. Friday, November 18,2011 12:30 AM — Officers responded to an attempted burglary in the 79800 block of North Parkway Esplanade. An unknown suspect tried to force the front door open by kicking it. Entry was not made and no items were taken. 5:00 PM — Special Enforcement Team Officers conducted a pedestrian check in the 51800 block of Eisenhower Drive. Eric Rodriguez, 40, of La Quints ivas arrested for a felony warrant for possession of stolen property. AdIrk VSaturday, November 19,2011 12:04 AM — Officers responded to a report of unknown trouble in the 51200 block of Avenida Velasco. Officers arrested Frederico Sanchez, 34, of La Quinta for violation of a restraining order. Sanchez was booked into the Indio Jail. 1:33 AM — Officers arrested James Wilkinson, 27, of Indio for driving under the influence at Hwy I I I and Home Depot Drive. Wilkinson was booked into the Indio Jail. 1: 14 PM — Officers responded to the 79700 block of Highway I I I regarding a burglary in progress. Steven Garom, 19, of Indio and Brandon Corrales, 18, of Indio were arrested for commercial burglary. Both suspects were booked at the Indio Jail. 4:27 PM — Officers were flagged down at La Fonda and Ave. Bermudas regarding an act of domestic violence. Rodolfo Robles DeSantiago was arrested for domestic violence and was booked at the Indio Jail. Sunday, Novembcr 20,2011 12:58 AM -- Officers responded to a disturbance in the 78400 block of Hwy I 11. Issac Ruiz, 30, Dominco Sandoval, 32, and Benjamin Ruiz, 29, all of La Quinta were arrested for assault with a deadly weapon and booked into the Indio Jail. 8:00 AM — Officers responded to a vehicle burglary in the 79200 block of Desert Crest Dr. An unknown suspect broke the driver side window and removed items from the vehicle. 8:30 AM — Officers investigated a report of the theft of electrical equipment in the 47800 block of Caleo AMINL Bay. An unknown suspect forced open the electrical room and stole a 1000 amp breaker box. 1P 8:30 AM — Officers investigated a report of the theft of electrical equipment in the 78800 block of Hwy I 11. An unknown suspect turned off the power to the building and opened the electrical panel and stole an 800 amp breaker box. 8: 10 PM — Officers responded to a report of vandalism in the 78400 block of Avenida La Fonda. Several juveniles were seen pushing over portable toilets. Monday, November 21, 2011 7:00 AM — Officers responded to a report of the theft of electrical equipment in the 79400 block of HWY I 11. An unknown suspect pried open the door to the electrical room and removed circuit breakers. 1:51 PM — Officers investigated a theft in the 45200 block of Washington St. An unknown suspect removed electrical components related to the swimming pool equipment. Tuesday, November 22, 2011 2:59 PM — Officers responded to a report of domestic violence in the 51200 block of Calle Guatemala. Joshua Carbajal, 24, of La Quinta was arrested and booked at the Indio Jail. 5:30 PM — Special Enforcement Team officers conducted follow up of a vehicle burglary that occurred in La Quinta. Carlos Lopez, 29, of Coachella was arrested for burglary and credit card fraud. He was booked into the Indio Jail. Wednesday, November 23, 2011 No Significant Activity 231 0 Thursday, November 24, 2011 2:23 AM — Officers arrested Robert James Martinez, 43, of La Quinta for driving under the influence at Eisenhower Drive and Washington Street. Friday, November 25,2011 3:50 PM — Special Enforcement Team officers responded to Channel Drive and Washington Street in reference to a man with a gun call. Eric Canter, 2 1, of Indio was arrested for willfully resisting, delaying or obstructing a peace officer in the performance of his duty. Canter was transported and booked into the Indio Jail. Saturday. November 26. 2011 12:04 AM — Officers arrested Tamara Wales, 22, of La Quinta for driving under the influence at Eisenhower Drive and Calle Nogales. Wales was booked into the Indio Jail. 1:52 AM -- Officers responded to a report of a disturbance in the 53200 block of Avenida Velasco. Investigation revealed that two subjects had been involved in a physical altercation. One suspect brandished a handgun and fired several rounds in front of the location prior to fleeing. The neighborhood was canvassed and no damage or additional victims were located. 8:47 AM -- Officers responded to a commercial burglary in the 78700 block of Hwy I 11. It is unknown how the suspects entered the business which does not have security surveillance cameras. At this time, there is no suspect information. go 1 1:45 AM — Officers were dispatched to the 54200 block of Ave. Vallejo regarding a report of domestic mr violence. Elisa Beltran, 32, of La Quinta was arrested for spousal abuse and resisting arrest. Additionally, Beltran had a misdemeanor warrant for vandalism. Beltran was transported to the Indio Jail and booked. Sunday. November 27.2011 10:30 AM — Officers investigated a report of a stolen vehicle in the 52100 block of Avenida Vallejo. The vehicle had been parked in front of the victim's residence. 11:55 AM — Officers responded to the 53 100 block of Avenida Mendoza regarding a report of elder abuse. ne juvenile suspect had pushed the female victim causing injury to her arm. A citizen's arrest form was signed and the suspect was booked into Indio Juvenile Hall. 12:02 PM — Officers arrested Mark Gordon, 5 1, in the 52400 block of Avenida Carranza for being under the influence of Methamphetarnine. 2:54 PM — Officers responded to the 77400 block of Calle Sonora reference a battery. Chondra Williams, 44, of La Quinta was arrested and cite released for battery. 5:52 PM — Officers were dispatched to the 44200 block of Vileta Dr. in reference to a report of domestic violence. Gillian Urquidies, 42, of La Quinta was booked at the Indio Jail. Monday, November 28,2011 9:00 AM — Officers located an at -risk missing person at his residence in the 53200 block of Ave. Montezuma. An adult male, 60, had stated to family members that he wanted to harm himself. Officers transported the male to the hospital for a 72 hour evaluation to assure his well being. 232 10:49 AM — Officers arrested Salvador Zarco, 40, in the 79900 block of Hwy. I I I for commercial burglary. 5:08 PM — Officers responded to the 77400 block of Calle Sonora in reference to a report of elder abuse. The victim, 92, of La Quinta stated that Chonda Elizabeth, 44, of La Quinta had pushed her violently. Williams was arrested and booked at the Indio Jail. Tuesday, November 29, 2011 1:00 AM — School Resource Officers conducted a traffic stop on a vehicle leaving Summit High School. The driver, Victor Aragon, 18, of Cathedral City was arrested for a misdemeanor warrant. A search the vehicle located a realistic looking BB gun concealed under the driver's seat. Aragon was also charged for bringing a BB gun onto school grounds. Wednesday, November 30,2011 2:30 PM —Officers responded to a report of a suspicious person in the 52400 block of Avenida Rubio. Officers arrested Ernesto Barraza, 39, of La Quinta for being under the influence of narcotics. 11 Allk 09 ..A. 233 11 E Sgt. A. Northrup Officer C. Bloomquist Officer S. Davis CITY OF LA QUINTA Special Enforcement Team November 2011 S.E.T. TEAM Officer J. Borrego SUMMARY FOR THE MONTH OF JULY 2011 Officer J. Reinbolz Officer M. Ramos Officer J. Borrego Type of Activity of Incidents Type of Activity # of Incidents Programs 8 Search Warrant 7 Checks/Stops 132 Probation/ Parole Search 14 —Vehicle Pedestrian Checks 51 Arrest Warrants Served 17 Follow-ups 37 Arrest/Filing-Felony 21 Property Value Recovered $675.00 Arrests/Filing- Misdemeanor 14 SIGNIFICANT ACTIVITY .16 234 Ask SET officers conducted a parole search on Avenida Rubio in the La Quinta cove. The W parolee was located and arrested for possession of drug paraphernalia. A second parole search was conducted on Avenida Obregon in the cove. While at that location, a probationer was contacted and found to be in possession of drug paraphernalia. The probationer was arrested and taken to the Indio Jail. Members of La Quinta SET conducted a vehicle check on Avenida Carranza. Officers contacted a parolee who lives at the location. While speaking with the parolee, a second parolee who was wanted for his arrest exited the residence near where the vehicle was parked. The wanted parolee ran from officers but was quickly apprehended. He was booked into the Indio Jail for parole violation. La Quinta SET Officers responded to Thermal and arrested a subject for a felony drug warrant. The subject was questioned regarding multiple vehicle burglaries that occurred in the Rancho Santana Community in La Quinta. The subject admitted to his role in the burglaries and provided additional leads regarding a second suspect. The suspect was booked into the Indio Jail for the warrant and for burglary. La Quinta SET, with the assistance of Coachella CAT and the District Team, served three property related search warrants. Two of the search warrants were served at the Tlaquepaque Apartments located in Coachella. During the service of the search warrants stolen property was recovered from a vehicle burglary in La Quinta. The third search warrant was served at in the unincorporated area of Thermal. Additional evidence was located that will assist in the Alk. burglary investigation. The suspect at the Thermal address was arrested for possession of IV methamphetamine and possession of drug paraphernalia. He was booked into the Indio Jail. Additional follow up was later conducted and the second suspect was arrested for burglary and credit card fraud. He was booked into the Indio Jail. Officers from La Quinta SET conducted a vehicle check at Avenida Ramirez and Calle Sonora. An occupant of the vehicle was found to be in possession of twelve bindles of methamphetamine. He was booked into the Indio Jail for possession of methamphetamine for sales. A second suspect, who lives in La Quinta, was arrested for possession of methamphetamine. Members of La Quinta SET conducted a pedestrian check at the Mediterra Apartments in La Quinta. A known thief was seen carrying a rifle case from an apartment. The subject was arrested for possession of drug paraphernalia and being a felon in possession of a firearm. A second subject was arrested for a misdemeanor DUI warrant and a misdemeanor drug paraphernalia warrant. A third subject was arrested for a misdemeanor stolen vehicle warrant and a misdemeanor fraud warrant. A fourth subject was arrested for being under the influence of a controlled substance and possession of methamphetamine-amine. All four suspects were booked into the Indio Jail. Officers from La Quinta SET arrested a suspect for a felony theft warrant during a surveillance program in the unincorporated area of Mecca. The warrant stems from an incident in La Quinta. Patrol officers had investigated a case where the suspect was paid to repair an air conditioning unit but failed to complete the work. During the course of the 235 Amk investigation, two additional victims, one in La Quinta, and one in Imperial County, were vpidentified. Several attempts to contact or locate the suspect failed. La Quinta SET located an advertisement that die suspect posted on Craig's List. They contacted the suspect and used a ruse to lure him to a vacant residence. When the suspect arrived at the residence he was arrested for the warrant. The suspect was booked into the Indio Jail and his bail was increased to $100,000. 1� Members of La Quinta SET conducted a follow up regarding a burglary that occurred on Cassia Court in the city of La Quinta. A suspect, who lives in La Quinta, was arrested for residential burglary. During the interview, the suspect admitted to the burglary and assisted with the recovery of a stolen cell phone. The suspect was booked into the Indio Jail. Officers from La Quinta SET conducted a traffic stop in the area of Camino Rosada in the city of La Quinta and two occupants were contacted. The female driver, from Desert Hot Springs, and male passenger, also from Desert Hot Springs, were each arrested for outstanding felony warrants. During an inventory search, a cellular phone, which was stolen from a victim at a store in the Palm Desert Mail, was recovered inside the vehicle. The driver was booked into the Indio Jail on a felony drug warrant and the passenger was booked on four outstanding felony warrants for robbery, grand theft, and burglary. Additional charges will be filed out of custody for the possession of the stolen cellular phone. La Quinta SET Officers have begun a Holiday Theft Prevention Program along the Highway 111 corridor and Old Town La Quinta. The program began on Friday, November 25 and will continue thru the holiday season. The purpose of the program is to assist La Quinta Police patrol units with the increased traffic along the corridor and dissuade criminal activity from occurring with the increased police presence. Officers from La Quinta SET have been in patrol units, on bicycles, and on Segways while patrolling the Business District areas of La Quinta. During the Black Friday event and the following week, The La Quinta Hwy I I I corridor experienced a very low riumber of reported thefts and calls for service. Officers from La Quinta SET have contacted several subjects within the city of La Quinta which have resulted in numerous arrests for narcotic violations, thefts, and outstanding warrants. La Quinta SET will continue their pro -active and community oriented policing efforts throughout the city which will result in more arrests of drug dealers, thieves, and career criminals in order to improve the quality of life for the residents of La Quinta. This continued hard work by La Quinta SET has kept the crime rate in La Quinta. very low compared to other surrounding cities in the Coachella Valley. .. is 236 E CITY OF LA QUINTA Traffic Services Team Report November 2011 Motor Corporal D. Olson A% W Traffic Services Team Cpl. D. Olson Dep. J. Reynolds Dep. M. Scott Dep. R. Wiggs C.S.O. B. Delaney SIGNIFICANT ACTIVITY The City of La Quinta continues to see moderate increases in the number of traffic collisions on public roadways for the year 2011. This trend has been decreasing over the past several months, and as of November 301h, there has been an increase of 11.55% for collisions on public roadways when compared to last year. There was an 8% decrease in collisions for November when compared to the previous month. There is an overall increase of 8% for all collision activity for the year in comparison to last year. There is a continued increase in the number of Hit and Run Collisions for 2011. While there has been an overall increase of 9.76% for Hit and Run collisions for the current year, moving Hit and Run Collisions are down 16% when compared to last year. Injuries as a result of traffic collisions are up 50% (ftom 4 to 6) in comparison to last month but overall injury collisions are down 5.17% in comparison to last year. The City of La Quinta has also seen a significant decreases in the number of bicycle involved collisions (down 50%), bicyclists injured (down 57.14%), and alcohol involved collisions (down 8.33%). 237 AdN6 The City of La Quinta has seen its majority of collisions occur at Hwy I I I at 1P Washington St, Washington St at Avenue 48, and Hwy I I I at Adams St for the month of November. Each of these locations had two collisions for the month. The majority of collisions occurred on Tuesdays between the hours of 4:00 pin and 8:00 pm. Unsafe Speed accounted for the cause of 37.5% of collisions for the month of November. While Unsafe Lane Changes accounted for another 25% of collisions. As a result of these collision factors, La Quinta Traffic Services focus their attention toward education and enforcement of drivers who violate these traffic laws. Since it takes a significant period of time to compile accurate data, the monthly Traffic Collision Statistics and Data Report contain only those reports which have been completed. Frequently, collisions require further investigation and are forwarded to the La Quinta Traffic Team for follow up investigation and filing with the District Attorneys Office. In keeping with all developing trends, traffic services constantly shifts its focus to meet the leading causes of collisions within the city. A 238 11 Deputy Tracey Newton E, CITY OF LA QUINTA Business District Deputy Report November 2011 SUMMARY OF ACTIVITY SIGNIFICANT ACTIVITY I responded to a business district retail store to investigate a report of shoplifting. I arrested a female subject and she was booked into the Indio Jail. I received a report from the Big Springs Texas Police Department regarding the fraudulent use of account information to create checks. A number of the fraudulent checks have been used throughout the Coachella valley. Two checks were passed at a business within the City of La Quinta. I was able to obtain video surveillance and additional follow up will be conducted. The report was also disseminated to several local police agencies for follow up within their jurisdictions. I responded to a hotel to investigate a report of a theft. An unknown subject(s) entered a locked hotel room and removed a large quantity of hotel property. 11 239 I responded to a business district store in reference to a report of an unknown subject who removed several videos and fled the location. Video surveillance is being obtained and additional follow up will be conducted. In an effort to enhance and develop my professional skills I attended a two day class related to Identity Theft. The class was sponsored by the Riverside County Sheriffs Office and was held at the Ben Clark Training Center. I responded to a hotel reference an unknown subject(s) who gained access to multiple condos and removed property. Forensics responded to the location and collected evidence from the scene. Working closely with Sgt. Crounse, La Quinta Administrative Sergeant, I planned and coordinated the holiday crime prevention program for "Black Friday". No significant incidents occurred within the business district and no arrests were made during the event. For the month of November I issued seven citations and two arrest/search warrants were abstracted. BUSINESSICOMMUNITY EVENTS On November 15, 20111 attended the 25 year dedication to Stanley Sniff, held at the La Quinta Civic Park. �1 240 E� Col. Mitchell Paige M.S. CITY OF LA QUINTA School Resource Officer Report November 2011 Officer C. Trueblood Summit H.S. Horizon Continuation School Summary ofActivitv Type of Activity Number of Incidents Reports I I Arrests 8 Assist Other Deparunents 2 Pedestrian Checks 3 Vehicle Check 7 Area Checks 4 Traffic Citations 2 Code Citations 6 ==stigations I Calls for Service 7 SIGNIFICANT ACTIVITY I was notified by security personnel at Summit High School of tagging in permanent marker on a lunch table. The graffiti was drug related as well as racial in nature. Later that day I observed a truant male juvenile, 17, as he was leaving the campus. I detained him for truancy and searched his belongings. Inside his binders I found numerous pieces of graffiti that matched the tagging found on the lunch table. I confronted him with the evidence and he admitted to tagging the table. He was arrested for misdemeanor is ' 241 malicious mischief and released to his parents at the school. Charges were filed out of custody. I was notified of an act of vandalism involving tagging on a table and desk in two of the classrooms. A search of the seating charts revealed that only one male juvenile, 17, in the entire school sat at the same two areas. He was brought to the office and questioned about the damage to school property. He soon admitted to tagging both of the desks. Charges of felony malicious mischief were filed out of custody against the juvenile who is currently on probation. He was released to parents at the school. I arrested a male juvenile, 17, at Summit High School for possession of cocaine. He was observed acting suspiciously near the restrooms with another student. When he was contacted and searched he was found to be in possession of cocaine. He was booked into the Indio Juvenile Hall. School security notified me of a fuel theft from two special education vans in the parking lot of Summit High School. Surveillance video showed two males siphoning fuel from the two vans earlier in the morning. The two males siphoned the gas from the two vans into small containers then left in a mid nineties model white Ford Aerostar van. The video was provided to the crime analyst in an attempt to locate the suspects. I arrested an 18 year old male, Victor Manuel Aragon Jr., for possession of a BB gun on a school campus after he was stopped driving recklessly away at Summit High School. Aragon had a misdemeanor warrant for his arrest for a traffic violation. A search of his vehicle revealed the CO2 powered pellet handgun that was identical to a real handgun. He was arrested and booked into the Indio Jail. E 242 E Officer R. Smith La Quinta High School CITY OF LA QUINTA School Resource Officer Report November 2011 Summa of Activity Type of Activity Number of Incidents Reports 14 Arrests 11 Y.A.T. Referrals 6 City Park Checks 6 Vehicle Checks / Pedestrian Checks 11/21 Business Checks 2 County itations / City Citations 8/2 Public Assist 8 Investig tions Follow-up 11 District Attorney Filings 4 SIGNIFICANT ACTIVITY School security personnel escorted a male student to the office because it appeared he might be under the influence. One of the agents called me into the office to observe the demeanor and actions of the student. While the agent was in the process of conducting a search of thejuvenile he, thejuvenile, physically grabbed the agent by the back of the neck and arrn in an attempt to wrestle him to the ground. I responded accordingly and a struggleensued. The juvenile suspect was taken into custody and booked at Juvenile Hall for a multiple charges, including assaulting a school employee. I conducted further .A., 243 As investigation and found that the student was using a fraudulent address to attend La Mr Quinta High School when he should have been enrolled at Coachella High School. A male student was brought to the office who had been caught stealing from the cafeteria. A thorough search of the student's backpack yielded notebooks displaying graffiti and tagging symbols. The graffiti displayed in the notebooks matched graffiti located at the scenes of six different acts of vandalisms spanning a two month period. The juvenile confessed to the multiple acts of vandalism and charges will be filed out of custody. E 244 El 11 CITY OF LA QUINTA School Resource Officer November 2011 Officer D. Alexander La Quinta Middle School Franklin Elementary School Truman Elementary School Adams Elementary School Summary ofActivitv Type of Activity Number of Incidents Reports 0 Arrests 0 Business Check I District Attomey Filings 0 Traffic Stops 3 Y.A.T. Referrals 0 Home Visits I Follow-up Investigations 2 Vehicle Checks 4 Public Assist 21 Pedestrian Checks 14 Traffic Citations 0 . is 245 SIGNIFICANT ACTIVITY La Quinta Middle School No Significant Activity John Adams ElementM School Parking in the designated school bus lane continues to be an issue before and after school when parents are dropping of and picking up their children. Several citations and warnings have been given to the violators. Benjamin Franklin Elementary School No Significant Activity Harry Truman Elementary School No Significant Traffic congestion, both before school and after, has continued to be a nuisance. I Afth, have continued to conduct traffic control before and after school in an attempt to alleviate the traffic congestion at La Quinta Middle School and Truman Elementary School on Park Avenue north of Avenue 50. SPECIAL COMMUNITY EVENT I have been serving as the program coordinator for the 2011 "Shop with a Cop" holidayevent. The "Shop with a Cop" program joins underprivileged children with local police officers, providing the children with gift cards to shop for Christmas presents for their families and themselves. The program has proven to build positive relationships between police officers and the children of the community. Twenty children between the ages of six and eleven years old have been chosen to participate in the program. The children were selected from the four Desert Sands Elementary Schools that serve the City of La Quinta. E 246 I-] CITY OF LA QUINTA Business District Community Service Officer November 2011 C.S.O. P. Curia 11 SIGNIFICANTACTIVITY I participated in an anti -vehicle theft program hosted by the La Quinta branch of the Automobile Club of Southern California. Eighty-seven vehicles had the Vehicle Identification Number (VIN Number) etched into every window of the vehicle as well as the sun roof. This program helps reduce the amount of stolen vehicles because a window VIN-etched vehicle is a car thief s nightmare. Since they steal vehicles to sell off their parts, etched windows make the car less profitable for car thieves. Etched windows also help law enforcement in the recovery of your vehicle. Continuing to strengthen the Business Watch program, I hosted a meeting of interested business owners in Old Town La Quinta. Topics discussed at the meeting were: 1. Crime Reduction within your business. 2. People Responding with Emergency Preparedness (PREP) 3. Developing observation skills in reporting suspicious persons and/or vehicles. E 247 All La Quinta business owners are encouraged to become involved and support the Business Watch program by displaying the Business Watch decal alerting both customers and potential criminals that crime prevention is taken seriously. I continue to conduct proactive patrol of the business centers of La Quinta. I focus on the enforcement of traffic, parking and municipal codes. I investigate reports of theft, vehicle burglary, vehicle theft, traffic collisions as well as lost and found property calls. N E 248 E CITY OF LA QUINTA Community Service Officer Report November 2011 C.S.O. Artesia Hernandez C.S.O. Melinda Lopez C.S.O. Bridget Delaney Summary of Activitv Type of Activity 11 Number of Inci Burgl ry Investigations 7 Grand Theft Reports 6 Petty Theft Reports 4 Vandalism/Malicious Mischief Reports 5 Traffic Collision Response 29 Vehicle Code or Parking Citations 35 Abandoned Vehicles TaggedANarning 4 Towed Vehicles 1 Lost or Found Property Reports 6 Stolen Vehicle Report 0 lCustodial / Non -Custodial Transport 17 IMiscellaneous Calls 72 249 �j Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report November 2011 Summary of Activity Community Pol F—N—u—m—b—e—r--F—Citizens On Patrol —FN—Umberl Monthly Volunteer Hours 124 Neighborhood Patrol 70 Hours Y.T.D. 1,900 Business Checks 123 Hours 4/03 to Present 23,710 Traffic Collision Response 2 CPO Monthly Visits 93 Vacation Checks 70 CPO Y.T.D. Visits 1,004 Miscellaneous Activities 9 CPO Visits 4/03 to Present 19,186 Patrol Hours 203.5 Y.T.D. Patrol Hours 1,319.00 Hours 7/06 to Present 8,607 CA rate for value received for volunteers is $16.24 - 2010 totals to May = $16,264 savings. Total savings since 2003 = $379,431. CA rate for value received changed and is now $23.29 - 2011 totals = $70,601 We are excited to report that our total savings since 2003 = $523,558 We currently have 11 active office volunteers who staff and maintain the Community Policing Office in Old Town. These volunteers do a variety of data entry functions as well as assisting community members who enter the office. We also provide office assistance on furlough days for the Business District Receptionist. We currently have 7 Citizen on Patrol volunteers serving our community. Two of our COP volunteers have been placed on inactive status and one is on medical leave. COP volunteers have been assisting with traffic and crowd direction at La Quinta High School football games. COP volunteers have been active in the business district corridor with the "Drone Car' program. 250 Department Report: 11 LA UNTA PiLICE Served by the Piverside County Sherff s Deparbilent Crime Statistics Summary October -- 2011 E Preparedfor Ll 251 11 11 Ll CITY OF LA QUINTA Crime Comparis n -- October CRIME October October YTD 2011 YTD 2010 2011 2010 1 AGGRAVATED ASSAULTS 7 10 54 47 2 BURGLARY 45 37 393 381 3 BURGLARY - VEHICLE 14 12 225 147 —4 DOMESTIC VIOLENCE 17 16 147 177 5 HOMICIDE 0 0 1 1 6 NARCOTICS VIOLATIONS 16 24 183 211 7 ROBBERY 2 5 30 19 8 ROBBERY - CAR JACKING 0 1 1 1 9 SEX CRIME FELONY 2 7 24 40 10 SEX CRIME MISDEMEANOR 0 2 7 7 11 SIMPLEASSAULTS 16 18 106 78 12 THEFT 69 52 568 575 13 VEHICLE THEFT 3 4 44 51 CITY OF LA QUINTA Average Response Time October 2011 TYPE OF CALL SPONSE TIME (MINUTES) NUMBER OF INCIDENTS EMERGENCY 8.8 2 ROUTINE 8.4 1,165 * Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 252 E �j Crime Distribution Table Oct-1 1 % of Total Oct-10 % of Total 1 AGGRAVATED ASSAULTS 7 3.66% 10 5.32% 2 BURGLARY 45 23.56% 37 19.68% 3 BURGLARY -VEHICLE 14 7.33% 12 6.38% 4 DOMESTIC VIOLENCE 17 8.90% 16 8.51% 5 HOMICIDE 0 0.00% 0 0.00% 6 NARCOTICS VIOLATIONS 16 8.38% 24 12.77% 7 ROBBERY 2 1.05% 5 2.66% 8 ROBBERY - CAR JACKING 0 0.00% 1 0.53% 9 SEX CRIME FELONY 2 1.05% 7 3.72% 10 SEX CRIME MISDEMEANOR 0 0.00% 2 1.06% 11 SIMPLEASSAULTS 16 8.38% 18 9.57% 12 THEFT 69 36.13% 52 27.66% 13 VEHICLE THEFT 3 1.57% 4 2.13% Total 191 96.34% 188 94.68% CITY OF LA QUNTA October2011 Crime Distribution 80 70 60 - 50 40 - 30 1 17 16 16 20 - _14- 10 ra�. -2--0-2___0_ 0 > > C) < 30 0 > C) 0 > > > > F > z � > t n M - �0 C) z �, I r- > �u 5 < z -< 4 �m �v --I C) tm > > is - 253 E 11 90 70 60 50 40 30 20 10 0 Month to Month Crime Comparison October 6 i5 52— - 37 — 7 10 ILL 14-f��17 — v—�, 0 0 16-18 7 0— �j 0 2 r-f -1 Year to Date Crime Comparison October 700 565 75 600 500 MrD 39�81 0 2011 400 11 YFD 2010 300 11 177 8 200 h225 N 1 00 544'�-- 30 2440 7 7 -445" All 19 1 1 1h 1 0 �11 � > > > > > > > > > > > 254 Month to Month Calls for Service Comparison October2011 9 Oct-1 1 El OCt- 10 4,000 Z,UU42,638 2,000 927 361-1 167 1,277 Total Non -Criminal Criminal E Year to Date Calls for Service Comparison January - October 40,000 435 20,000 - 9,82812,970 12,1222�j"455Y' I o LiFji. =.-F� Total Non -Criminal Cnnninal 2 J 2 5 5 T-itf 4 4 a" COUNCIL/RDA MEETING DATE: December 20, 2011 ITEM TITLE: Public Hearing to Consider the Adoption of a Resolution to Vacate a 535 sq. ft. Portion of Eisenhower Drive and Avenida Montezuma RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION; CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Conduct a public hearing and then adopt a Resolution of the City Council to vacate a 535 sq. ft. portion of Eisenhower Drive and Avenida Montezuma. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: 101 non BACKGROUND AND OVERVIEW: Dr. Kathryn Carlson has filed a right-of-way vacation application as part of her Village Park Animal Hospital Project. The applicant is proposing to construct an 8,752 square foot, 31 foot high, two-story animal hospital with Mission -Contemporary styled architecture on a 16,205 square foot parcel located on the northwest side of the La Quinta Community Park. The right-of-way proposed to be vacated would be part of this building footprint if approved by the City Council. I A portion of right-of-way near the intersection of Eisenhower Drive/Avenida Montezuma is no longer required. This portion of right-of-way is specifically described in Attachments 1 and 2 and is not needed by other property owners for access, or improved accessibility. 256 On November 8, 2011, pursuant to Government Code Section 65402, the Planning Commission made a finding that the proposed vacation is consistent with the City's General Plan and Circulation Element. ENVIRONMENTAL CONSIDERATION: The proposed vacation is categorically exempt under Section 15305, and not subject to the California Environmental Quality Act (CEQA). PUBLIC AGENCY COMMENTS: On September 23, 2011 and November 10, 2011, staff mailed notices to potentially affected public utility agencies and public agencies, respectively, informing them of the proposed vacation. The agencies have responded and no requests for easements have been received. In order to approve the proposed vacation, the City Council would need to make the following two findings: 1 The proposed right-of-way vacation will have no environmental effects that adversely impact the human population, either directly or indirectly because the right-of-way is currently unused by the public and is inaccessible to vehicles; and secondly, the act of vacating the right-of-way will have no physical environmental effect. 2. The right-of-way vacation will not impact public utility agencies. Staff believes that the facts support these two findings, and have included the findings in the proposed resolution. FINDINGS AND ALTERNATIVES: 1 Conduct a public hearing and then adopt a Resolution of the City Council to vacate a 535 sq. ft. portion of Eisenhower Drive and Avenida Montezuma. 2. Conduct a public hearing and then do not adopt a Resolution of the City Council to vacate a 535 sq. ft. portion of Eisenhower Drive and Avenida Montezuma. 3. Provide staff with alternative direction. 257 Respectfully submitted, 4 m othy R Publ 1c Work D Approved for submission by: Mark Weiss, Interim City Manager Attachments: 1. Street Vacation (Exhibit "A") 2. Right -of -Way Vacation (Exhibit "B") to ' 258 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, VACATING A 535 SQ. FT. PORTION OF EISENHOWER DRIVE AND AVENIDA MONTEZUMA WHEREAS, pursuant to Sections 8322 and 8323 of the Public Streets, Highways and Service Easement Vacation Law, due notice of the Public Hearing was given by public posting in the time and manner prescribed by law; and WHEREAS, following its discussion of the street vacation application on November 8, 2011, the Planning Commission of the City of La Quinta has determined that the vacation of said 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma, is in conformance with the Circulation Element and other policies of the General Plan of the City of La Quinta and recommends approval of the right-of-way vacation; and WHEREAS, the City Council of the City of La Quinta has conducted the required public hearing with due notice and, upon hearing and considering all testimony of all interested parties, make the following findings: I Vacation of the subject 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma will not adversely affect the City of La Quinta or adversely impact the Circulation Element of the City of La Quinta General Plan. 2. The affected 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma is unnecessary for either present or prospective public use or purposes, including use as a non -motorized transportation facility. 3. No local agency has submitted objections to the street vacation proposal. 4. Approval and adoption of the proposed vacation of a 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma will not cause a significant negative impact upon the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1: The City Council, having elected to proceed under the provisions of Chapter 3 of the Public Streets, Highways and Service Easement Vacation Law of the State of California, and having held a public hearing upon due 259 Resolution No. RW-V Adopted: December 20, 2011 Page 2 notice as provided therein, hereby finds from all evidence submitted that the 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma, specifically described in Exhibits A and B, is unnecessary for either present or prospective public use'or purposes, including use as non -motorized transportation facilities. SECTION 2: The City Council hereby finds as follows: 1. The proposed right-of-way vacation will have no environmental effects that adversely impact the human population, either directly or indirectly because the right-of-way is currently unused by the public and is inaccessible to vehicles; and secondly, the act of vacating the right-of-way will have no physical environmental effect. 2. The right-of-way vacation will not impact public utility agencies. SECTION 3: The City Council hereby orders the vacation of the 525 sq. ft. portion of Eisenhower Drive and Avenida Montezuma as shown in Exhibits A and B. SECTION 4: The City Council hereby determines that adoption of the vacation will cause no significant negative environmental impact. SECTION 5: The City Council hereby orders that the vacation shall not be effective until a certified copy of this Resolution has been recorded with the Riverside County Recorder. SECTION 6: The City Council hereby determines and orders that the City Clerk is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of Riverside County, California. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this _ day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: 260 Resolution No. RW-V Adopted: December 20, 2011 Page 3 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 261 ATTACHMENT EXHIBIT "A" STREET VACATION A PORTION OF THE RIGHT OF WAY GRANTED TO THE COUNTY OF RIVERSIDE PER GRANT DEED RECORDED DECEMBER 3, 1979 AS INSTRUMENT NO. 256939, RECORDS OF SAID RIVERSIDE COUNTY, STATE OF CALIFORNIA, IN THE CITY OF LA QUINTA, SAID RIGHT OF WAY BEING A PORTION OF LOT 12, BLOCK 128, OF SANTA CARMELITA AT VALE LA QUINTA NO. 14, AS SHOWN ON MAP ON FILE IN MAP BOOK 18, PAGE 82, RECORDS OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 12, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 12 SOUTH 60001'08" WEST A DISTANCE OF 31.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 12 SOUTH 60001'08" WEST A DISTANCE OF 7.48 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 12 ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 41.85 FEET TUROUGH A CENTRAL ANGLE OF 119053'30"; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LOT 12 NORTH 00005'22" WEST A DISTANCE OF 9.79 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID LOT 12 SOUTH 57-�3'06" EAST A DISTANCE OF 43.32 FEET TO THE TRUE POINT OF BEGINNING. SAID PORTION BEING VACATED CONTAINING 535 SQUARE FEET, MOREOR LESS. THE ABOVE DESCRIPTION BEING SHOWN ON THE ATTACHED EXHIBIT"B" AND HEREBY BEING MADE A PART HEREOF. No. 6687 FrAM D.MSURVEY%70Dl.0gWwqR0W VACAMN Adoc Page I of I 262 EXHIBIT "Bu ATTACHMENT 2 7bo rl- cs CO 6)j 0 3Z LLJ cn 1ELF—W C-4 L SCALE 1 w =20' iiiiQTT!n 0 10 20 40 60 M(Lmm[Elia &/Ulplpamg 78-080 CALLE AMIGO, SUITE /0/ LA OUINTA, CA 9225J 760-219-9886 - 760-262-3000 (FAX) daWkellehemapping.com \kp- '0 p Reloy r 2*1 ,0& 0 PREPARED BY: LS No. 6687 263 OF COUNCIL/RDA MEETING DATE: December 20, 2011 ITEM TITLE: Public Hearing to Consider an Ordinance Approving Development Agreement 2011-022 for Parking Management, as Approved Under Village Use Permit 2008-042. Applicant: Dr. Kathryn Carlson, Village Park Animal Hospital (VPAH, LLC) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Move to take up Ordinance No. — by title and number only and waive further reading; and Motion to introduce Ordinance No. on first reading, approving Development Agreement 2011-022. FISCAL IMPLICATIONS: Approval of the Development Agreement would result in revenue of up to $15,386, which would be earmarked for future Village parking improvements. Funds will be deposited into the Development Agreement Fund 217. CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: The applicant, Dr. Kathryn Carlson, is proposing to construct a ±8,752 square foot two-story building in the Village designed for use as a veterinary office. The subject property is located at the northeast corner of Avenida Montezuma and Eisenhower Drive, which is currently the location of Aqua Paws. Based upon the size and use of the proposed building, City parking standards require a minimum of 29 off-street parking spaces be provided. The development includes 16 spaces as the subject property size and configuration makes compliance with parking requirements impractical. Section 9.150.050 of the La Quinta Municipal Code, permits the use of a development agreement for parking management in the Village Commercial district. . 11 264 Village Use Permit 2008-042 was approved by Planning Commission on September 29, 2011, under Planning Commission Resolution 2011-015. One of the approval condition requirements (Condition No. 4) was that the developer and the City enter into a Development Agreement for the purpose of clarifying the applicant's parking obligations associated with development of the project. At their November 8, 2011 meeting, the Planning Commission considered the proposed development agreement. As required by City code, a public hearing was conducted with only the applicant providing testimony. The Planning Commission unanimously moved to recommend approval of Development Agreement 2011-022. The Planning Commission staff reports and meeting minutes from the September 27, and November 8, 2011 meetings are attached (Attachments 1 & 2). FIVIYAWMLIC The Development Agreement (Attachment 3) sets forth a contractual obligation to provide required parking, in part through assessment of an in -lieu parking fee to pay for future facilities and improvements that would provide a benefit to the Village as a whole. The Agreement must be reviewed by the Planning Commission and approved by City Council prior to issuance of any grading and/or building permits. The key points of the agreement are: The developer is to pay $15,386, calculated at $1,183.53 per deficient parking space, into a fund earmarked for future public parking improvements in the Village area. A credit of one space for available on -street parking on Avenida Martinez was given. The deficient number of parking spaces with this credit is 13. The amount is based on a cost estimate for surface parking provided by the applicant's civil engineer and verified by the Pubfic Works Department. The required in -lieu fee payment shall be paid in up to two installments- the first prior to issuing any grading and/or building permits for the project and the second prior to issuance of a certificate of occupancy. In addition, the project approval is not effective unless and until this Agreement has been approved by City Council. All but five (5) spaces in the parking lot shall be made available for general public use after 6:00 p.m. Public Notice This case, was advertised in The Desert Sun newspaper on December 9, 2011. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required. To date, no comments have been received. Any correspondence received before the meeting will be transmitted to the City Council. _. If 265 Planning Commission Action On November 8, 2011, the Planning Commission held the required public hearing, and, on a 4-0 vote (Commissioner Wilkerson was absent), took action to recommend approval of the Development Agreement by adoption of Planning Commission Resolution 2011- 017. A Right -of -Way vacation request for a 535 square foot portion of a street corner to accommodate the project was also heard by the Planning Commission during the same meeting. The applicant was in attendance and provided comments regarding the proposal. No other public testimony was presented during the hearing. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Move to take up Ordinance No. _ by title and number only and waive further reading; and Motion to introduce Ordinance No. — on first reading, to grant City Council approval of Development Agreement 2011-022. 2. Do not move to take up, and introduce, said Ordinance No. —; 3. Continue this item for further consideration; or 4. Provide staff with alternative direction. Respectively submitted, L Les Johnson, Planning Director Approved for submission by, Mark ;s, Interim City Manager Attachments: 1 . Planning Commission Staff Report from September 27, 2011 2. Planning Commission Meeting Minutes from September 27, 2011 and November 8, 2011 (excerpts) 3. Recommended Draft Development Agreement for VUP 2008- 042 (Village Animal Hospital) -. q 266 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND VPAH, LLC DEVELOPMENT AGREEMENT 2011-022 WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27th day of September, 2011, certify an environmental determination and approve Village Use Permit 2008-042 for the Village Park Animal Hospital under La Quinta Planning Commission Resolution 2011-015, subject to conditions, particularly Condition No. 4, requiring that a Development Agreement be prepared for the project; and, WHEREAS, the Planning Commission of the City of La Quinta did, on the 8t' day of November, 2011, hold a duly noticed Public Hearing to consider the Development Agreement, and did in fact adopt Planning Commission Resolution 2011-017, recommending approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 20th day of December, 2011, hold a duly noticed public heating to consider the Development Agreement; and, WHEREAS, at said City Council Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings to justify approving the Development Agreement: 1 The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for Village Use Permit 2008-042, as approved and adopted under Planning Commission Resolution 2011 -015. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is zoned Village Commercial, which 1-11- 20 Ordinance No. Development Agreement 2011-022 Village Park Animal Hospital- VPAH, LLC Adopted: December 20, 2011 Page 2 permits variations to the City's parking requirements. The proposed parking provisions of Village Use Permit 2008-042, in conjunction with approval of this Development Agreement, will provide assurance that the intent of applicable land use regulations are met by the project. 3. The proposed Development Agreement conforms to the public convenience and the general welfare, by providing the means for public parking improvements, and conforms to good land use practice by requiring an acceptable alternative for the provision of parking, to accomplish development of the contemplated commercial project. 5. Approval of this Development Agreement will not be detrimental to the health, safety, and general welfare since adequate provision has been made in previous,City approvals, specifically Village Use Permit 2008-042, to .provide for necessary and desirable improvements, with these approvals incorporated herein. 6. Approval of this Development Agreement will not adversely affect the orderly development of the subject or surrounding property, nor the preservation of area -wide property values, nor the quality of life within the community, but conversely, will enhance them by encouraging planned, phased growth. 7. Approval of this Development Agreement will have a positive fiscal impact on the City, as it will provide supplemental funding towards necessary public parking improvements in the Village at La Quinta, which might otherwise be unattainable. given currently available funding sources. S. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 at seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: ..)`_ 268 Ordinance No. Development Agreement 2011-022 Village Park Animal Hospital- VPAH, LLC Adopted: December 20, 2011 Pago 3 SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. The environmental determination for Village Use Permit 2008-042, as a Categorical Exemption under the Guidelines for Implementation of the California Environmental Quality Act, Section 15332 (Infill Development), was confirmed and adopted by the Planning Commission under Planning Commission Resolution 2011-015. Said determination, along with the approval for Village Use Permit 2008-042, was adopted by the Planning Commission on September 29, 2011. The Development Agreement does not involve changes to the project itself, and there have been no changes in circumstances or new information regarding the project or its setting that would require any subsequent environmental review, pursuant to Section 15162 of the CEQA Guidelines. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of December, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 269 Ordinance No. Development Agreement 2011-022 Village Park Animal Hospital- VPAH, LLC Adopted: December 20, 2011 Page 4 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA 1, VERONICA 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. that was introduced at a regular meeting on the 20" day of December, 2011, and was adopted at a regular meeting held on the — day of 201 _, 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 98-109. VERONICA MONTECINO, City Clerk City of La Quinta, California 270 Ordinance No. Development Agreement 2011-022 Village Park Animal Hospital- VPAH, U-C Adopted: December 20, 2011 Page 5 DECLARATION OF POSTING 1, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 20, pursuant to City Council Resolution. VERONICA MONTECINO, City Clerk City of La Quinta, California 211 ATTACHMENT # 1 PLANNING COMMISSION STAFF REPORT DATE: SEPTEMBER 27, 2011 CASE NO.: VILLAGE USE PERMIT 2008-042 APPLICANT: DR. KATHRYN CARLSON, VILLAGE PARK ANIMAL HOSPITAL REQUEST: CONSIDERATION OF A VILLAGE USE PERMIT TO CONSTRUCT AN 8,752 SQUARE FOOT VETERINARY OFFICE LOCATION: NORTHEAST CORNER OF EISENHOWER DRIVE AND AVENIDA MONTEZUMA; 51230 'EISENHOWER DRIVE GENERAL PLAN/ ZONING DESIGNATIONS: VC, VILLAGE COMMERCIAL ENVIRONMENTAL DETERMINATION: THE PLANNING DEPARTMENT HAS DETERMINED THAT THIS APPLICATION IS CATEGORICALLY EXEMPT FROM FURTHER ENVIRONMENTAL RE VIEW PURSUANT TO THE PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). BACKGROUND: The Village Park Animal Hospital, currently located on the southeast side of the La Quinta Community Park, has outgrown its current space and will soon be nearing the end of its lease agreement. The applicant currently owns the AquaPaws building located at 51230 Eisenhower Drive, on the northwest side of the park, and is seeking to demolish it in order to construct a new building (Attachment 1). The applicant is not aware of any plans for the use of the existing building after it is vacated, as it is currently listed for sale. The existing animal hospital was approved by the Planning Commission on April 14,11998, under Conditional Use Permit 98- 039. PROPOSAL - The applicant is proposing to construct an 8,752 square foot, 31 foot high, two- story animal hospital with Miss !on -Co ntem pore ry styled architecture on a 16,205 square foot parcel located on the northwest side of the park (Attachments 2 and 3). The site has an existing building construc I ted in 1980 which houses the AquaPaws ZOA 10-103 Planning Commission Staff Report 6/14/11 PAReports - PC\2011 1\9-27-1 1\VUP 08-042 Village Animal Hospital\Stf Rpt VUP 08-042.doo 272 dog grooming business and the Paws and Reflect pet boutique. These businesses will be relocated and the building will be demolished in order to construct the proposed new veterinary office. The proposed new animal hospital has a main entrance oriented northeast towards both the parking lot and Avenida Martinez, with pedestrian access from all surrounding streets. The building will be situated three feet from the property line adjacent to Eisenhower Drive, five feet from the property line adjacent to Avenida Montezuma, and nine feet from the property line along Avenida Martinez. The new building will contain all of the necessary components of an animal hospital, including a sound -proof boarding facility, diagnostic equipment, a veterinary pharmacy, grooming services, and a pet rehabilitation center. Due to the angled orientation of the property line at the corner of Eisenhower Drive and Avenida Montezuma, the applicant has submitted a concurrent request for a right-of-way vacation of 535 square feet, which would enlarge a small portion of the existing property. In addition, the applicant is unable to accommodate the required on -site parking for a veterinary office and has concurrently applied for a Development Agreement in order to provide in -lieu compensation for a parking shortage of 13 spaces. Site Design Buildina Location and Orientation The building is located on the northwest side of the La Quinta Community Park, bounded on three sides by city streets, with the parking lot situated on the northeast side of the building (Attachment 2). The main entrance to the building will face northeast towards the parking lot with a side portico facing Avenida Martinez. Secondary entrances to the building are located on the southeast side, including an exterior stairwell primarily used as a fire exit leading to the second story and a first -floor side door for quarantined pets. A portion of the outer corner of the building at the corner of Eisenhower and Montezuma will have decorative wrought iron fencing for the use of a narrow dog walk for pets. Vehicular Circulation and Parking Vehicles will enter the parking lot for the site via either Avenida Montezuma or Avenida Martinez (Attachment 3, Page 1). Each street will have access to a one- way driving aisle passing through the parking lot and exiting on the opposite side. The project requires 29 parking spaces under the parking ordinance, but provides 14 on -site parking spaces and one golf -cart parking space. Although the project has a shortage of 13 parking spaces under the code, alternative parking arrangements are permitted in the Village Commercial zoning district, off -site VUP 08-042 Planning Commission Staff Report 9/27/11 Page 2 of 7 P:\Reports - PC\2011 1\9-27-1 1 \VUP 08-042 Village Animal Hospital\Stf Rpt VUP 08-042.doo "N." 213 parking is available, and the terms of a special parking arrangement are currently being drafted. A Development Agreement addressing the parking arrangement for the veterinary office will be reviewed by the Planning Commission and approved by the City Council, and will not affect the design of the site plan as proposed. Pedestrian Access and Circulation The proposed animal hospital will have sidewalks placed adjacent to the street on all three sides of the building with crosswalk access to the park and the cove neighborhood across Eisenhower Drive (Attachment 3, Page 1). ADA parking will be located across from the front entrance with a corresponding path of travel. Sidewalks at the front entry and all cross -walks intersecting the proposed parking lot driveways will be paved with decorative brick pavers. Existing sidewalks along Eisenhower Drive will remain as -is. Architecture The applicant is proposing to construct an 8,752 square foot, 31 foot high, two- story structure (Attachment 3, Pages 4-7). The white stucco building has been designed with a combination of traditional and Mission -Contemporary style architectural elements. Building materials will include a traditional three -tone clay tile roof supported by treated and stained wooden beams, textured glass blocks, and decorative wrought -iron fencing and railings (Attachment 4). The balcony at the northeastern corner of the building will feature a decorative metal screening material patterned with a silhouette of the surrounding mountains underneath a stained and treated wooden trellis. All windows on the building will consist of insulated and tinted glass with black aluminum framing. Most windows on the building will be covered by a tiled roof awning or otherwise located underneath building eaves to reduce solar exposure. Glass blocks will also be incorporated into the building architecture, primarily to permit light into the kennel areas while providing insulation for sound. The building incorporates tiered massing to reduce the visual impact from being situated close the adjacent streets, with the second story generally set a few feet further back from the first story. Massing is further broken up by the addition of the balcony, the covered entryway, an exterior stairwell on the southeastern elevation, reveals (stucco Opop-outs" and crevasses), and a narrow roofline above a portion of the first story adjacent to Eisenhower Drive. The second story is topped with three -tone clay -tile hip roofing on the southwest half of the building and a parapet along the northeast portion. Mechanical equipment will be fully screened from view within a 5 foot 7 inch deep utility recess on the roof. A photograph of the materials board is attached for your reference as Attachment 4; the board will also be available for review at the time of the public hearing. VUP 08-042 Planning Commission Staff Report 91270 1 Page 3 of 7 P:\Reports - PC\2011 1\9-27-1 1\VUP 08-042 Village Animal Hospital\Stf Rpt VUP 08-042.doc III ' 274 Landscaping The applicant is proposing a simple desert landscaping design that enhances the existing streetscape with water -efficient shrubs and decorative boulders (Attachment 3, last page IL-11). The existing palm trees that ring the park and a portion of landscaping already in place along Eisenhower will remain. A portion of the building fagade oriented towards the parking lot will contain a large grid trellis planted with Bougainvillea. Synthetic turf is proposed within the dog walk area behind the fencing at the corner of Eisenhower Drive and Avenida Montezuma. Proposed live oak trees and fruitless olive trees will provide shading within the parking area and compliment the existing palm trees. A small conceptual re- circulating water fountain is identified at the building entrance underneath the entry foyer, but is currently being reconsidered for removal or redesign by the applicant. Lighting The applicant has provided a conceptual lighting plan for the proposed parking area consisting of three, 20 foot high, black "shoe -box" type lighting fixtures with shielding containing metal halide bulbs JAttachment 3, second to last page). No parking lot or security lighting fixtures are proposed on the building. Sustainability Although the'applicant is not proposing any specific elements of environmental sustainability or energy efficiency, the building has been designed mindful of solar exposure and water usage and will comply with the current energy code, Title 24. All window glazing will be insulated and incorporate solar tinting. The proposed landscaping plan is water -efficient and the conceptual water feature at the entrance will utilize only a few gallons of re -circulating water. Even with the water feature included in the water use calculations, the project is expected to be well below the annual water allowance. ANALYSIS: The proposed animal hospital is consistent with the style of architecture in the Village District, complies with the Village Design Guidelines and, with the exception of parking, meets all of the development code provisions. As parking variations are permitted in the Village Commercial zoning district, staff has negotiated an in -lieu fee alternative through a Development Agreement. This item will be brought forward at a later date together with the proposed 535 square foot Right -of -Way Vacation to accommodate the corner of the building. Staff has found the overall style and layout of the proposed project, including the landscaping design, the level and quality of lighting within the parking area, pedestrian connectivity, architectural design, building scale and massing, and project layout to be acceptable and amenable to the VUP 08-042 Planning Commission Staff Report 9/27111 Page 4 of 7 PAReports - PC\201 1 \9-27-1 I�VUF 08-042 Village Animal Hospital\Stf Rpt VUP 08-042.doe 275 character of the Village area. The Mission -Contemporary style building is pedestrian oriented and incorporates a variety of architectural elements, including graduated heights, two balconies, recessed and extended building sections, and staggered setbacks. The project is similar in style and orientation to recent Village projects such as the La Quinta Museum, and includes architectural elements reflective of the current Village Animal Hospital, one of the original Village buildings whose architecture influenced the current Village Design Guidelines. As the project is well designed and complies with all of the necessary code provisions, staff believes the proposed veterinary office will make a positive contribution to the Village. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE REVIEW The Architecture and Landscape Review Committee (ALRC) reviewed this application at its December 2, 2009 meeting (Attachment 5). At that meeting, Committee Members Thoms and Rooker respectively moved and seconded to adopt Minute Motion 2009-008 recommending approval of Village Use Permit 2008-042 by a 2-0 vote. While the Committee did not move to recommend specific changes to the project, the following comments were made by the Committee for the applicant's and the Planning Commission's consideration, recognizing that these were not required conditions, but rather recommended suggestions: • The use of a darker color for the building, such as chocolate brown, to minimize the mass of the building. • Additional palm trees be added along Eisenhower Drive to help break up the massiveness of the building. • The design and placement of the proposed water feature be adjusted, per the applicant's comments, or eliminated. • The size of the trees in the parking lot should be increased to 36- from 24- inch (minimum diameter calipers) boxes in the landscaping area. • Add additional dog relief area into the landscaping someplace for waiting animal patients. • Add eyebrows to the set of windows on the "sheer wall" side of the building adjacent to the parking lot. • A smooth finish for the building would be preferred, rather than sand finish; VILIP 08-042 Planning Commission Staff Report 9/27/11 Page 5 of 7 PAReports - PC\201 1\9-27-1 I\VUP 08-042 Village Animal Hospital\Stf Rpt VUP 08-042.doe 276 • A single -tone rooftop would be preferred. • Simplify the landscaping palette by reducing the number of different types of plants. Replace the fruitless olives with Palo Verde. • Remove the planter in the sidewalk area on the eastern side at the entry. • The same type flooring should be used throughout for the entry area and the sidewalk, either pavers or concrete. • Cascading plants should be placed on the balconies. The minutes of the December 2, 2009 ALRC meeting and action are provided as Attachment 5. CEOA: The proposed Village Use Permit has been determined to be exempt from the California Environmental Quality Act (CEQA) under Section 15332, as the proposed project will replace an existing building constructed in 1980 on an urban site less than five acres in size, and will have no impact on the environment. In addition, the pending Right-Cf-Way Vacation and Development Agreement for parking have also been determined to be exempt from the California Environmental Quality Act. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on September 16, 2011. To date, no comments or letters have been received. Any comments or correspondence received following the completion of this staff report will be presented to the Planning Commission at the hearing. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of the proposed Village Use Permit can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt a Resolution approving proposed Village Use Permit 08-042 with the attached conditions of approval. VUP 08-042 Planning Commission Staff Report 9/27/11 Page 6 of 7 PAReports - PC\201 1 \9-27-1 1 WUP 08-042 Village Animal Hospital\Stf Rpt VUP 08-042.doe 277 Prepared by: 9A� A iAew J. Mogensen, AICP Principal Planner 1 . Location Aerial with Site Photos 2. Precise Grading Plan with Inset Map 3. Proposed Village Animal Hospital Plan Set 4. Materials Board Photograph (original will be provided at the hearing) 5. Minutes of the December 2, 2009 ALRC Hearing VUP 08-042 Planning Commission Staff Report 9/27/11 Page 7 of 7 p:\Reports - PC\201 1\9-27-1 1\VUP 08-042 Village Animal Hospital\Stf Rpt VUP 08-042.doo 278 ATTACHMENT 2 Excerpt from Approved Planning Commission Minutes Of September 27, 2011 A. Village Use Permit 2008-042; a request by Dr. Kathryn Carlson, Village Park Animal Hospital, for consideration of a Village. Use Permit to construct an 8,752 square foot veterinary office, located at 51-230 Eisenhower Drive. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. He commented on two letters and a memorandum recommending some changes to the Conditions of Approval, which were distributed to the Commissioners at the meeting. Staff then recommended approval with the inclusion of the changed conditions. Chairman Alderson asked if there were any questions of staff. .Commissioner Barrows asked staff for clarification on condition number 6a; regarding the inclusion of the word MAY. Staff deferred to Public Works for response. Principal Engineer Wimmer explained there are three documents that currently address SWPPPs; 1) California State General Construction Permit, 2) La Quinta's Municipal NPDES Permit, and 3) Uniform Building Code. All three of these documents speak about the Stormwater Pollution Prevention Plan (SWPPP). The Municipal NPDES Permit and the Statewide General Construction Permit only require ant SWPPP for projects that are one acre or more. This project is less than one acre, and under those two permits, an SWPPP would not be required. However under the 2010 California Green Building Standards Code, there is language that may require the SWPPP for projects that are less than one acre. While we don't have a definitive answer, staff is researching this to find out how this is being interpreted. We are exploring this item, but the SWPPP may be required under this building code even though this project is less than one acre. Commissioner Barrows was concerned that it was not really clear what the applicant Was supposed to do. She asked if there was a way to better define what is,expected of the client. Principal Engineer Wimmer said staff would be amenable to having some clarifying language put in there. Commissioner Weber had a question on condition 23.A.2 that had been deleted. He asked if this was no longer a requirement for the applicant since it was noted to have been deleted due to an oversight. Principal Engineer Wimmer explained there is an application that is not yet going to be. heard. The two other components to this total application m include a right-of-way vacation request and the approval of a development agreement. In the right-of-way vacation request, the issue Commissioner Barrows described is whit is being looked at. This particular area he s been slated for a signal, but it is also being looked at potentially for a roundabout. What would be unfortunate is that the recommendation were made to vacate the right-of-way which is going to later be needed for either the traffic signal or the roundabout. Since this item was going tonight a condition was crafted that would basically defer this particular issue until the right-of-way vacation issues were sorted out. General discussion followed on: What area was, or could be, affected by the right-of-way or street vacation. The size of the building versus the land available. The element of risk. "in Lieu Of" fee for 13 parking stalls (50% available/50% being accommodated). Processing procedures. for this type of application. The possible location of a traffic circle. Trip generation not requiring a traffic study. Chairman Alderson complimented the ALRC on its review of this application and directed the Commissioners to page 5 of 7 in the architectural review. He suggested item number 4 (the size of the trees in the parking lot should increase to 36 from 24 inch), number 5, (add additional dog relief area in. the landscape for waiting animal patients), number 7 (the smooth finish for the building would be preferred rather than a sand finish), number 10 (cascading plants should be placed on the balcony) and number 12 (remove, the planter in the sidewalk area on the eastern side of the entry), were worthy of being added as conditions. Commissioner Wright generally agreed with the.ALRC comments, but not with the one suggesting the use of a darker color for the building. 280 Commissioner Barrows said she agreed with what had been included in number 9 (tree replacement) but would comment on it later in the meeting. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if,the applicant would like to speak. Mr. Brian DeCoster, 80-900 Calle Conchita, introduced himself as the project manager, and commented on the size of the building and the area needed to accommodate the applicant's business. He then addressed item 25F of the memorandum, referring to drive aisles (16 and 20 feet). He said there had been discussion back and forth on this item, but they were fairly limited on how much they could adjust the parking lot. He said they would like to keep the parking lot as it was shown since they spent a lot of time with a civil engineer and the Engineering Department, trying to make this happen. He added they were willing to do what it took, but if there was a better way of doing this to get both your requirements and our building built then we're certainly all for it. Mr. DeCoster then referenced ALRC suggested condition number 10 (removal of planter) and explained why that planter was needed. He also noted that they have included greenery in quite a few places to try to reduce graffiti. He then said he would be happy to answer any additional Commissioner's questions. General discussion followed which included an explanation of what was being requested regarding item 25F of the memorandum to the Commission; with staff commenting that they would be working with the applicant and their engineer to achieve those dimensions. Mr. DeCoster asked for clarification on recommendation number 9 which states: "Simplify the landscaping palette by reducing the number of different types of plants. Replace the fruitless olives with Palo Verde." He wanted to know if the Commission was considering the whole item, or just the portion regarding the tree replacement. Commissioner Barrows said she did not feel it was necessary to include the first sentence, but added that more desert landscaping, particularly more local species, should be included; which applied to the second sentence of that recommendation. Mr. DeCoster said they had no opposition to including desert.tree species 281 Commissioner Barrows asked the applicant for an explanation of the comments, noted in the minutes from the ALRC meeting, about the cascading plants possibly affecting the artistic design of the decorative screens. Mr. DeCoster said it would be difficult to maintain plants since that area is completely screened to prevent a dog from jumping out. It would not be impossible to maintain the plants, but it would be very difficult in that particular.. area. General discussion followed regarding: 9 Where the screens were located. • The type of design utilized on the screens. • Inclusion of a railing. Dr. Kathryn Carlson, 80-900 Calle Conchita, introduced herself and spoke on her mountainscape design. She said she has a garden area for boarding animals at her current building and wanted a free place for dogs to be able to go to in her new building. She wanted the same feel, but had square footage constraints with the new building. She designed this with the feel of the Art in Public Places pieces that are seen throughout La Quinta. She said she has always loved La Quinta for the artwork and how it has been promoted. She thought it would be nice to include that type of artwork., She added, as you are driving down Eisenhower and you get to the stop sign at Calle, Tampico you will see a beautiful building; even without the cascading plants because of the design, which is similar to the City's bridges. General discussion followed on: • The inclusion. of plants on some of the balconies. • Clarification of ALRC conditions to be added. • The addition/placement of a bicycle rack. General discussion of the water feature then followed on: • It would be more of an art piece than water feature. • The general design would include glass block since it would provide light to the room behind it. • Would not employ excessive water usage. • Would be a d.rip-type fountain with a floor drain. 282 Dr. Carlson commented that it would be basically like a dripping water fountain from the wall. If that could not be done ' logistically, it would be made of artistic glass block to represent a water feature. She then described her vision of the feature utilizing various types of glass block. Dr. Carlson also commented on the negative letter submitted by Mr. Michael Fisher, and explained her concern about the park being for families as well as her support and use of the park over the years. She concluded by saying she tried to support La Quinta as much as possible and also encouraged her. clients to use the trails as well. She then offered to answer any additional questions the Commissioners might have. Chairman Alderson asked if the Commissioners had any further questions. Having none, Chairman Alderson asked if there was any other public comment. Ms. Kay Wolff, 77227 Calle Ensenada, introduced herself and said she thought that it was wonderful Dr. Carlson was trying to keep her animal hospital in La Quinta and in the Cove Area. She said it was an asset in many ways, not only for the services provided, but also for the extracurricular activities the doctor sponsored in the park. She then commented on the building that was going to be vacated, its historicity, and her I friend who was raised in that building. She did not want to see it demolished or desecrated in a way that would remove it from being a historical landmark for La Quinta. She concluded with her support of the application to build the new animal hospital. General discussion followed on the historical background and status of the current veterinary hospital building. The discussion ended with the Planning Director clarifying that any significant changes to the exterior of the building would make it subject to environmental review for CEQA and would have to be reviewed by the Historic Preservation Commission which reports directly to the Council. He also stated that, there is some protection for a historical property. Chairman Alderson asked if there was any further public comment. Ms. Mary Cornell, 81-107 Tranquility Drive, Indio, introduced herself and spoke on behalf of Dr. Carlson and the contribution that she has made to the community, over the years. She added that what Dr. Carlson did, at a time when almost every veterinary practice had been bought out by 283 corporations, was to continue to provide compassionate, individual care for her patients and she was here to provide support -for Dr. Carlson's request. Ms. Cornell added that she hoped that the Commission would see to it that this went forward because it was not only a contribution to the members of La Quinta, but all of the surrounding communities that come to Dr. Carlson for care not available anyplace else. Chairman Alderson asked if there were . any more questions of the applicant or further public comment. There being none he closed the public hearing . portion of the meeting and opened the matter for Commission discussion. General discussion followed on: • Businesses making the investment to stay in La Quinta. • How it was good to see projects in that area. • Coverage of lot area. • Good design. • Clarification of item 25.F — 16 to 20 feet. There being no further discussion, it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2011-015, approving Village Use Permit 2008-042, as submitted with the addition of conditions suggested at the ALRC Meeting of December 2, 2009 as follows: A smooth finish for the building shall be used rather than sand finish (noted in Final Conditions as #56). The size of the trees in the parking lot should be increased to 36- from 24-inch (minimum diameter calipers) boxes in the landscaping area (noted in Final Conditions as #66) Add additional dog relief area into the landscaping someplace for waiting animal patients (noted in Final Conditions as #67)_ The landscaping plan shall replace Fruitless Olive Trees with Palo Verde trees (notedin Final Conditions as #68). 284 In addition, the Condition of Approval No. 6.A. shall be revised, for clarification, to read: For construction activities including clearing, grading or excavation of land, the Permittee may be required to submit a Storm Water Pollution Prevention Plan ("SWPPP") to the State Water Resources Control Board, if required by the Building Official. Unanimously approved. Excerpt from Draft Planning Commission Minutes Of November 8, 2011 A. Development Agreement 2011-022, and Right -Of -Way Vacation �iO_08042. a request by.Dr. Kathryn, Carlson, Village Park Animal Hospital for consideration of a Development Agreement for parking management and a Report of Finding Under California QoVernment Code Section 65402 that a proposed, Right -of -Way Vacation of a ±535 square foot portion of Eisenhower Drive is consistent with the General Plan for an 8,752 square foot veterinary office to be located at 51-230 Eisenhower Drive (northeast corner of. Avenida Montezuma and Eisenhower Drive). Planning. Director Johnson noted there was no.public in attendance and instead of a full staff report, gave a brief summary. The full staff report is on file in the Planning Department. Commissioner Wright asked staff for the amount of the in7lieu parking f as. Planning Direc: tor Johnson responded the fee, for the development agreement was approximately $15,800. He. then gave a brief explanation of how that figure was calculated. Commissioner Wright asked if these funds could be used for parking structures. Planning Director Johnson said that was correc� and explained that the funds being collected were* to be used for parking improvements within the Village boundaries. Chairman Alderson asked if there was an in4lau fee threshold allowed before the City was required to build a municipal parking lot. Planning Director Johnson responded by commenting on a recent parking analysis done on the Village. The study showed there was a tremendous amount of parking currently available; even though those. parking spaces might not be in the most convenient locations. There were. still a significant number in existence, both on- and off-street He added that the study also took into consideration the.potential for future improvements and a parking structure was at least generally analyzed and assessed with that analysis. He explained, further, that 286 J-1 as development progresses the parking study Would have to be re- visited and explained some of the possible solutions staff could consider. He said that this.particular site and, the inclusion of future development around the park, staff, did not see a significant parking concern in the near- or long-term. He then said the applicant had just arrived and suggested the Commission might want to consider hearing public comments. Commissioner Weber asked if the applicants had agreed Wall the stated conditions. Chairman Alderson opened the public hearing portion of the fneetIng and asked if the applicant would like to respond. Dr: Kathryn Carlson, 80-900 Calls Conchirta, introduced herself and said the only question she had was about the use of.Palo Verde trees, She said Commissioner Barrows had previously mentioned something about the use of Palo Verde or other deiert species, but that was not included in the final. conditions;. only the mention of the Palo Verde uld work with staff to possibly use another trees. She asked if she co desert species. Staff said they would be happy to work with the applicant and offered to provide a letter clarifying the-ime. ofthe use.of desertspecies as well as Palo Verde trees. Commissioner Wright mentioned the possible use of acacia, trees. Chairman Alderson asked if there was any further public comment., There being none, I Chairman Alderson closed the public hearing and opened the matter for Commission discussion. Commissioner Weber said it was nice there would be reciprocal use of the parking spaces, after 6:00 p.m. Planning Director Johnson said it was on a first -dome, first -served basis and provided examples. Commissioner Weight asked Dr. Carlson if this was going tobe a 214- hour veterinary clinic or if they Were only going to maintain standard office hours. Chairman Alderson re -opened the public portion, of the meeting to allow Ihe applicant to addres missioner Wright's question. s Com 287 Dr. Carlson responded that at present it would not be an emergency clinic, but that might be a future possibility. Commissioner Wright stated he was concerned about the proximity of parking if there were going to be emergency clinic clients. .Dr. Carlson explained that , an emergency clinic was hot as densely booked as an everyday clinic. and the five stalls would be adequate. Commissioner Wright asked staff if this could be re -addressed if the use should change to include emergency service. Staff said yes and pointed out the additional parking available on both Avenidas Martinez and Montezuma as shown on theoverhead exhibit. It was also noted that there was quite a bit of off -site parking inclose proximity to the proposed site. Dr. Carlson said she did not desire to have a 24-hour emergency clinic of her own but,* from a business perspective someone else could approach -her with a proposal to provide that se�vice. She just wanted that option left open. There being no further q I uestions or discussion, it was moved and seconded by Commissioners B6rrows/Weber to adopt Resolution 2011-017 recommending approval of Development Agreement 2011 - 022 as submitted in the staff report. AYES: Commissioners Barrows, Weber, Wright and Chairman Alderson. NOES: None. ABSENT. Commissioner Wilkinson. ABSTAIN: None.. There being no further questions or discussionj it was moved and seconded by Commissioners Barrows/Weber. to adopt. Resolution 2011-018 recommending approval of Right -of -Way Vacation 2008-, 042 as submitted In the staff report. AYES: Commissioners Barrows, Weber, Wright and Chain-nan Alderson. NOES: None. ABSENT: Commissioner Wilkinson. ABSTAI N: None. 288 ATTACHMENT 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La. Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF LA QUINTA ("CITY") VPAH,LLC.. A CALIFORNIA LIMITED LIABILITY COMPANY ("DEVELOPERIV) 11 , 289, 2465,015610-0125 2303172.6 at 1,04111 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2011 ("Reference Date"), by and among the CITY OF LA QUfNTA, a California municipal corporation and charter city (the "City") and VPAH, LLC., a California limited liability company (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 (the "Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Developer owns the 0.35 acre parcel of real property ("Site") located at the northeast comer of Eisenhower Drive and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and which is the subject of this Agreement. D. Prior to the execution of this Agreement, the City approved Village Use Permit No. 2008-042 (the "V-UP"), subject to conditions of approval. The VUP provides planning and development criteria for a proposed project on the Site, which project is commonly known as Village Park Animal Hospital (the "Project"). The Project will consist of the development of the Site with an 8,752 square foot, 31 foot high, two-story animal hospital with Mission - Contemporary styled architecture. The project site has an existing building built in 1980 which will be demolished to construct the Project. The VUP is also known as the "Development Plan". E. The City's Municipal Code requires that a total of 29 parking stalls be provided to service the Project. The Site is situated such that only 16 of the 29 required parking stalls are available for the Project. Of these, 15 on -site parking stalls are provided (including one ADA- accessible space and one golf -cart space) and credit is given for one adjacent on -street parking space on Avenida Martinez for a total of 16 stalls provided. To fulfill the remaining parking requirements for the Project, the VUP was conditioned on the Developer entering a development agreement with the City to require the Developer to pay a parking fee in exchange for crediting 13 parking stalls towards the Project. This fee is to be used for future parking improvements in the Village Commercial zoning district. Pursuant to Section 9.65.030 of the La Quinta Municipal Code, alternative parking arrangements are permitted in the Village Commercial zoning district. F. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties desire to enter into a binding agreement for purposes of (i) setting forth a per -parking stalls payment for the Developer's payment to the City of certain fees for use in connection with future 2465,015610-0125 23031716 al 1,04 11 -2- 290 parking improvements in the Village Commercial zoning district that the parties agree are designed to compensate the City for (A) crediting 13 parking stalls towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The City Council has determined that the Project and this Agreement are consistent with the City's General Plan, including the goals and objectives thereof H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. I. On the City Council adopted its Ordinance No. approving this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Tenn. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for thirty (30) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. The Agreement will be terminated if the Developer no longer uses the Site for the Project or is unable to obtain permanent financing for the Project, provided that in either instance Developer must agree to rescind the VUP. 2465,015610-0125 23031716 a] LOCI 1 -3- 291 1.2 Effective Date. This Agreement shall be eff�ctive, and the obligations of the parties hereunder shall be effective, as of which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2. 1, below. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the conditions of approval thereof (the "Conditions of Approval") which, among other conditions of approval associated with future approvals and permits issued by the City, include but are not limited to the conditions of approval set forth in Exhibit "B" attached hereto) shall be deemed vested upon execution of this Agreement, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this Agreement; or (b) an uncured material default by Developer of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not tern-linate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this 2465,015610-0125 2303172.6 at 1,04111 -4- .'A.- - 292 Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with the Development Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources), or (C) New Laws the City reserves the right to apply under this Agreement, including, but not limited to, Sections 2.2 and 3.3.4; (iii) all subsequent development approvals and the conditions of approval associated therewith, including but not limited to any further site development permits, tract or parcel maps, and building permits; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations.or dedications or payments in lieu are required under applicable law to be made or paid. 2.2 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.2.1 . Building, electrical, mechanical, fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, applied to the Project in a nondiscriminatory manner. 2.2.2 In the event of fire or other casualty requiring construction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction, all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.2.3 This Agreement shall not prevent the City from establishing any new City fees on a City-wide basis and applied to Site in a non-discriminatory manner, including new development impact fees, or increasing any existing City fees, including existing development impact fees, and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged. 2465,015610-0125 ..11 . - 2303172.6 al 1,04111 -5- 1.; 293 2.3 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.4 Credit of Parking Stalls. In exchange for the full performance of the Developer's Obligations described in Section 3, the City shall credit the Developer with 13 parking stalls as permitted by the La Quinta Municipal Code, which spaces shall be counted towards ftilfilling the Project's parking obligations. 3.0 DEVELOPER'S OBLIGATIONS. .3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval attached hereto as Exhibit "C" as well as all other conditions of approval that have been or may be imposed. Developer acknowledges that additional conditions of approval beyond those set forth in Exhibit "C" may be applicable to the Project if and as associated with future Project approvals. 3.2 Restriction on the Site. Prior to, and as a condition precedent of, the City's issuance of any building permit for the Project, and immediately following payment of the fees detailed in Section 3.3.2, the Developer shall submit to the City, obtain approval thereof, and record a deed restriction (the "Restriction") against the Site which, in addition to the obligations set forth in the Conditions of Approval, shall (i) require the Developer's payment of the fees as described in Section 3.3, (ii) acknowledge that such fees have been paid and that the parking obligation for the Project is fulfilled by the credit of 13 parking spaces; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site business is closed as provided by Section 3.5. The Restriction shall be in a form and substance substantially similar to that of the Restriction attached hereto as Exhibit "C". 3.3 Pa3ments to City by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to the City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.3.2 Developer's Payments of Up -Front Parking Fees. Prior to, and as a condition precedent of, the issuance of any building permit for the Site, Developer shall pay or cause to be paid to the City the sum of $1,183.53 per parking stall for 2465 015610-0125 2303172.6 a I U0441 -6- 294 each of the 13 parking stalls being credited towards fulfilling the Project's parking obligations. The total amount of fees due under this provision prior to the issuance of any building permit for the Site shall be $15,386. This fee shall be paid in two equal installments: (1) the first installment shall be due at the time of issuance of the building permit by the City; and (2) the second installment shall be due at the time of issuance of the certificate of occupancy by the City. 3.3.3 Other Fees and Charges. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Development Plan and Conditions of Approval. 3.5 Public Use of Site's Parking Stalls. The parking stalls located on the Site shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Developer (and/or its permitted successors) may reserve five (5) designated spaces for use after 6:00 p.m. At the request of Developer, the Planning Director may consider increasing the number of designated spaces to equal up to 50% of the on -Site parking spaces if the Planning Director determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. To effectuate the City's implementation of its rights under this section, Developer agrees to execute the Parking Easement Agreement attached hereto as Exhibit "IF". Developer shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Developer shall not erect or place any signage on the Site prohibiting public parking during times that the on -Site business is closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its 2465 015610-DI25 2303172.6 al 1/04111 -7- 295 contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or the Parking Easement Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City and reasonably approved by the Developer. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS. 4.1 Scope of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "D", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by, the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and 2465 015610-0125 2303172.6 .1 LOCI 1 296 entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review Developer's compliance with the terms of this Agreement at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Planning Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 4.4 Satisfaction of VUP Condition. The City hereby acknowledges and agrees that full compliance with this Agreement, among other things, will constitute Developer's satisfaction and compliance with those portions of the conditions of approval for the VUP approved by the City which relate to Developer's obligation to enter into a development agreement for the payment of parking fees and fulfillment of parking obligations. 4.5 City Use of Parking Fe The City hereby agrees that the parking fee paid by Developer will be dedicated for future parking improvements in the Village Commercial zoning district. 5.0 DEFAULT� REMEDIES� DISPUTE RESOLUTION. 5.1 Notice of Default. in the event of failure by either party hereto substantially to perform any material tenn or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. Without limiting the scope of what is considered "material," the parties 2465,015610-0125 2303172.6 a 11,04/11 n 1, 297 agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be a material default. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than ten (10) days [or thirty (30) days for non -monetary defaults] a&r receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within ten (10) days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such ten (10) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In no event shall the City be entitled to consequential damages for any Developer default. For purposes of this Agreement the term "consequential damages" shall include, but not be limited to, potential loss of anticipated tax revenues from the Project or any portion thereof Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance or the Development Agreement Act. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approvals, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, not to sue the City or its respective officers, officials, members, agents, employees, and representatives for damages or monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this Agreement by the City or arising out of or connected with any dispute, controversy, or issue between Developer and the City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 2465,015610-0125 2303172.6 .11104111 _10- 298 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Project Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat,. render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be, subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortizagm Right of Mortgagee to Cure. City shall, upon written request to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within ten (10) days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within ten (10) days [thirty (30) days for non - monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within such ten (10) day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or 2465,015610-0125 of 2303172.6 al 1,04/11 299 remedy during 'Stich thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TPANSFERS OF INTEREST fN SITE OR AGREEMENT. 7.1 Successors and Assigns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement, without first obtaining the City's prior written consent; provided, however, that any such sale or transfer shall include, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part, of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer has submitted an executed assignment and assumption agreement in a form set forth in Exhibit "E", attached hereto. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson 2465iOl5610-0125 .. 11 300 2303172.6 .11,04111 -12- To Developer: Kathryn Carlson VPAH,LLC P.O. Box 1711 La Quinta, CA 92253 Telephone: 760-564-3833 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Mai eure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. The City and the Developer may also extend times of performance under this Agreement in writing. Notwithstanding the paragraph above but subject to the termination options in Section 1.1, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity - The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. 2465,015610-0125 2303172.6all,04111 -13- 301 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of. this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. 8. 10 No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof 2465,015610-0125 0 302 2303172.6 a 11,04111 -14- 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Caning Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults, and (iv) any other reasonable information requested. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Planning Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 2465,015610-0125 2303172.6 .11,0411 15- 3 8. 17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits lncorporated� Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof 8.19 Exhibits. Exhibits "A" — "F" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Conditions of Approval C Restriction D Compliance Certificate E General Assignment and Assumption Agreement F Parking Easement Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 Governing Law-, Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said 2465,015610-0125 2303172.6 a I 1104 '11 -16- 304 county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any, other court. Service of process on the City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.23 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [Signatures on following page.] 2465,015610-0125 305 2303172.6 .11,04111 -17- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" VPAH, LLC, a California limited liability company By: Its: By: Its: [Signatures continue on next page.] 2W 015610-0125 306 2303172.6all;041 1 "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city M. ATTEST: June Greek City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas P. Genovese City Manager 2465,015610-0125 -19- 30 7 2303 172.6 a 11,04111 STATE OF CALIFORNIA ss COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ss COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2465,015610-0125 2303172.6 a 11,0411 -20- 308 EXHIBIT "A" LEGAL DESCRIPTION OF SITE [Need to insert — Developer Please Provide] 2465,015610-0125 1 ;k 309 2303172.6 .11,04/11 -21- EXHIBIT "B" CONDITIONS OF APPROVAL 2465,015610-0125 .1 2303 172.6 a 11,04111 -22- 310 EXHIBIT "C" Restriction 2465;015610-0125 2303172.6 a I 1;04f I 1 -23- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VPAH, LLC., a California limited liability company ("Declarant"), hereby covenants and declares for the benefit of the City of La Quinta, a California municipal corporation and charter city (the "City"), the following covenants, conditions, reservations and restrictions, which shall run with the real property described herein and shall be binding on Declarant and City and their successors and assigns, and all other persons or entities acquiring any interest in the real property described herein, and shall remain in full force and effect from the date of recordation of this Deed Restriction unless terminated or modified as hereinafter provided. I . PuEpos : Declarant owns the 0.35 acre parcel of real property ("Site") located at the northeast comer of Eisenhower Drive and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, which is the subject of this Deed Restriction. In connection with the Site, the City appro�ed Village Use Permit No. 2008-042 (the "VUP"), subject to conditions of approval, which provides planning and development criteria for a project commonly known as Village Park Animal Hospital (the "Project"). The La Quinta Municipal Code requires the provision of 29 parking stalls to service the Project. On , 2011 the Declarant and the City entered into that certain Development Agreement (the "Development Agreement") for the purposes of (i) setting forth a per -parking stall payment for the Declarant's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 13 parking stalls located in the Village Commercial zoning district towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan and the crediting of the parking spaces in the Village Commercial zoning district; (ii) requiring the Declarant and its successors - in -interest to provide public parking on the Site; and (iii) granting Declarant a vested right to develop the Site according to the Development Plan. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. In accordance with Section 3.2 of the Development Agreement, Declarant is required to record this Deed Restriction against the Site to (i) require the Declarant's payment of the fees as described in Section 3.3 of the Development Agreement, (ii) acknowledge that such fees have been paid and that the parking 2465,015610-0125 2303172.6 .11,04/11 -24- 312 obligation for the Project is fulfilled by the credit of 13 parking stalls; and (iii) provide for the general public's use of Site parking stalls during times when the on -Site business is closed as provided by Section 3.5 of the Development Agreement. 2. Acknowledgement of PaMent and Credit of Parking Stalls. In connection with the Project, the City has credited the Declarant with 13 parking stalls, and these stalls are counted towards fulfilling the Project's parking obligations to provide 29 parking stalls for the Project. In connection with this credit, Declarant has paid the City a parking fee in the amount of $1,183.53 for each parking stall towards the Project's parking obligation for a total of $15,386. 3. Use of Site Parking Lot by General Public. The parking stalls located on the Site shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Declarant (and/or its permitted successors) may reserve five (5) designated spaces to remain open after 6:00 p.m. At the request of Declarant, the Planning Directormay consider increasing the number of designated spaces to equal up to 50% of the on - Site parking spaces if the Planning Director determines that an increase in designated spaces is warranted. Any such approval must be in writing to be effective. Declarant shall not erect or maintain entry gates, regulated access barriers or any other driveway barrier. Except for signage identifying designated spaces, Declarant shall not erect or place any signage on the Site prohibiting public parking during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the week. 4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of the Declarant or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or the Development Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of the Development Agreement, this Deed Restriction, or the Parking Easement Agreement; the Declarant shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City and reasonably approved by Declarant. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Declarant shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Declarant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost 2465,015610-0125 2303172.6 a I I M411 1 -25- 313 to the City, cooperate with the Declarant in any such defense as Declarant may reasonably request. 5. Run with the Land� Binding on Successors and Assigns. The covenants, conditions, reservations and restrictions herein shall run with the Site and shall be binding upon Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of the Site, and shall benefit the City and be enforceable by the City and its successors and assigns. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein whether or not any reference to this Deed Restriction is contained in the instrument by which such person or entity acquired an interest in the Site. 6. Tenm Amendment and Termination. The covenants, conditions, reservations and restrictions may be validly terminated, amended or modified, in whole or in part, only by recordation with the Riverside County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the Site that is directly affected by such termination, amendment or modification. 7. Recording. This Deed Restriction shall be recorded on the Site described in Exhibit "A" in the Office of the County Recorder, Riverside County, California. 8. Authority of Signatories to Bind Principals. The persons executing this Deed Restriction on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Deed Restriction and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. CountgWarts. This Deed Restriction may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [Signatures on next page.] 2465,015610-0125 2303172.6 .11/04/11 -26- 314 IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of the date set forth above. "Developer" VPAH, LLC, a California limited liability company 0 Its: By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city . L-n ATTEST: Thomas P. Genovese June Greek City Manager City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 2465 015610-0125 2303172.6 a] 1,04/11 -27- 315 STATE OF CALIFORNIA ss COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA )ss COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s).or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 2465,015610-0125 2303172.6 a 11,04/11 -28- - 316 EXHIBIT "A" LEGAL DESCRIPTION OF SITE jInsert legal description here — Developer Please Provide] 2465 015610-0125 2303 172.6 .11,04A 1 -29- 7,11 317 EXHIBIT "D" COMPLIANCE CERTIFICATE 2465,015610-0125 2303172.6 .11 04/11 -30- 318 COMPLIANCE CERTIFICATE (VPAH, LLC DEVELOPMENT AGREEMENT) The undersigned, VPAH, LLC, a California limited liability company ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated 2011, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation and charter city (the "City"). by its signature below hereby certifies to the City, for the City's reliance that: I . Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 1 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the Restriction required by Section 3.2 of the Development Agreement has been approved by the City and recorded against the Site; (2) all payments required pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , _, under penalty of perjury under the laws of California. VPAH, LLC, a California limited liability company By: Its: By: Its: 2465 015610-0125 2303172.6 a 11,04'11 -31- 319 SCHEDULEI CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] 2465,015610-0125 2303172.6 .11/04111 -32- 320 EXHIBIT "E" GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT 2465 015610-0125 2303172.6 .11,04111 -33- 321 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exenapt from Recording Fee per Gov't Code § 6103) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of , _ ("Effective Date"), by and between VPAH, LLC, a California limited liability company (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the developer of 0.35 acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer" and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2011 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -parking stall payment for the Developer's payment to the City of certain fees that the parties agree are designed to compensate the City for (A) the crediting of 13 parking stalls towards fulfilling the Project's parking obligation; and (B) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan; (ii) requiring the Developer and its successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested right to develop the Site according to the Development Plan. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")]. 2465,015610-0125 2303172.6 a 11/04 111 -34- E. In accordance with Section 7.1 of the Developff�ent Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set f6rth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreemen I . Assimnme . From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement [as the same applies to the Designated Site], and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement [as the same applies to the Designated Site] from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement (as the same applies to the Designated Site], and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement [as the same applies to the Designated Site], from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further - Assurances. The parties covenant and agree that they will execute such other and ftirther instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. InteEpretation. The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 2465,015610-0125 2303 172.6 a I I M4,'] 1 -35- 323 8. CounteMarts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" VPAH, LLC, a California limited liability company By: Its: By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 2465,015610-0125 2303172.6 al liO4 11 -36- 324 STATE OF CALIFORNIA )ss COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ss COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 325 2465 015610-0125 2303172.6 .11,0411 37- EXHIBIT "A" LEGAL DESCRIPTION OF SITE [To be inserted — Developer Please Provide.] 2465 015610-0125 1 0 326 2303172.6 a 11,04/11 -38- Tjht 4 4 Qum& MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: MARK WEISS, INTERIM CITY MANAGER /11� FROM: LES JOHNSON, PLANNING DIRECTOR VI) DATE: DECEMBER 20, 2011 RE: PUBLIC HEARING ITEM NO. 2 — DOCUMENTATION This memo is in reference to Public Hearing Item No. 2 for Consideration of an Ordinance Approving Development Agreement 2011-022 for Parking Management, as Approved Under Village Use Permit 2008-042. The attached Exhibit F — Parking Easement Agreement was inadvertently left out of the packet. Please place this at the back of the Development Agreement By and Among the City of La Quinta ("City") and VPAH, LLC. .. lb 327 PAReports - CC\201 1\12-20-11\DA 11-022 for VUP 08-042\Memo Re Parking Easement Agreement.doc EXHIBIT "F" PARKING EASEMENT AGREEMENT See Attached 328 2465/015610-0125 2544103 2 al2/15/1 I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space above this line for Recorder's use only (Exempt from Recording Fee per Gov't Code § 6103) PARKING EASEMENT AGREEMENT THIS PARKING EASEMENT AGREEMENT (the "Easement Agreemenf') is made as of this _ day of 20 by and between VPAH, LLC, a California limited liability company ("Developer"), and CITY OF LA QUINTA, a California municipal corporation and charter city (the "City") (collectively, the "Parties"). RECITALS A. Developer is the owner of that certain real property (the "Site") more particularly described in Exhibit "All attached hereto upon which is to be developed the Village Park Animal Hospital (the "Project"). B. Developer and the City have entered into that certain Development Agreement (the "DA") for purposes of granting Developer a credit of 13 parking stalls towards the Project's required parking under the La Quinta Municipal Code in exchange for Developer paying to the City a parking fee. C. In Section 3.5 of the DA, Developer agreed to allow access to the parking stalls located on the Site (the "Parking Stalls") between 6:00 p.m. and 2:00 a.m. D. The Parties hereto desire to enter into this Easement Agreement for providing appropriate access to the Parking Stalls, in accordance with Section 3.5 of the DA. NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: I . Grant of Parking Easement. Developer, for itself and its respective successors and assigns, hereby grants to the City, its successors and assigns, and their tenants, subtenants, agents, licensees invitees (including employees, faculty, students and guests), and the general public for the benefit of the Property, a non-exclusive easement and right-of-way in, upon, over, and under the Parking Stalls (and all improvements located thereon) for the purpose of providing 2465/015610-0125 329 2544103,2 a12/15/1 I parking spaces on an "as available" basis ("Parking Use") between 6:00 p.m. and 2:00 a.m., in accordance with and subject to terms and conditions of the DA and this Easement Agreement. 2. Term. The Parties agree that this Easement Agreement shall continue to be valid and binding as long as the DA remains in force pursuant to Section 1. 1 of the DA. Indemni . (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and claims for property damage which may arise from any negligent maintenance or omission related to the Site by the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement, except to the extent that the liability or claims arise from the City's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not any insurance policies are applicable. (b) Developer agrees to and shall indemnify, hold harmless, and defend, the Indemnified Parties from any challenge to the validity of this Easement Agreement; the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City and reasonably approved by Developer. (c) In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified Parties' option, reimburse the Indemnified Parties their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. 4. Successors and Assigns. The terms, covenants and conditions of this Easement Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of the respective Parties hereto. 5. Attorneys' Fees. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Easement Agreement or otherwise arising out of this Easement Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 6. Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully 2465/015610-0125 2 2544103.2 al2/15/11 .� 01 330 prepaid, or (iii) reputable same -day or overnight delivery service that.provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: Community Development Director With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson To Developer: Kathryn Carlson VPAH,LLC P.O. Box 1711 La Quinta, CA 92253 Telephone: 760-564-3833 7. Governiniz Law . This Easement Agreement shall be construed in accordance with the laws of the State of California. 8. Execution in Counterpart. This Easement Agreement may be executed in several counterparts, and all so executed, when taken together shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 9. Severability. If any term, provision of condition contained in this Easement Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Easement Agreement, except those terms, provisions or conditions which are made subject to or conditions upon such invalid or unenforceable terms, provisions or conditions, shall not be affected thereby, and each term, provision and condition of this Easement Agreement shall be valid and enforceable to the fullest extent permitted by law. 10. Modifications. This Easement Agreement and the easements granted hereunder may not be amended or otherwise modified, except by an agreement in writing signed by the parties hereto. No such amendments or modifications shall have any force or effect whatsoever unless and until they are written and executed in such a manner. 11. Running With The Land. The Easement Agreement, and all burdens and benefits created thereby shall be appurtenant to and shall run with the respective property of Developer. Upon recordation of this Developer Agreement, every person or entity that now or hereafter owns or acquires any right, title or interest in or to all or any portion of the Property or the Parking Stalls is and shall be conclusively deemed to have consented and agreed to every 2465/015610-0125 3 331 2544103,2 a] 2/15/11 provision of this Easement Agreement, whether or not any reference to this Easement Agreement is contained in the instrument by which such person or entity acquired such interest. 12. Conflict with the DA. In the event of a conflict between this Easement Agreement and the DA, the terms of the DA shall govern and control. [Signatures on next page.] 2465/00610-OM 4 2544103.2 a 12/15/11 332 IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the date first written above. "Developer" VPAH, LLC, a California limited liability company By: Its: By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city 0 ATTEST: MarkWeiss Veronica Montecino Interim City Manager City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 333 2465/015610-0125 2544103 2 a] 2/15/11 5 State of California County of Orange On before me, (insert narne and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) State of California County of Orange On before me, (insert narne and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 24651015610-0125 It 2544103 2 al2/15/1 1 334