Loading...
2012 01 03 CC6a� 4 4 Qdaroj 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, JANUARY 3, 2012 AT 4:00 P.M. Beginning Resolution No. 2012-001 Ordinance No. 496 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, and Mayor Adolph PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION — NONE CONFIRMATION OF AGENDA PRESENTATIONS — NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 20, 2011 00, CITY COUNCIL AGENDA 1 JANUARY 3, 2012 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 JANUARY 3, 2012 2. ACCEPTANCE OF DRAINAGE AND LANDSCAPE IMPROVEMENTS FOR AVENUE 50 AT PARK AVENUE AND AVENUE 48 AT JEFFERSON STREET, PROJECT 2010-04 3. APPROVAL TO EXCUSE COMMISSIONER SHARRELL BLAKELEY FROM THE JANUARY 9, 2012 COMMUNITY SERVICES COMMISSION MEETING 4. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 495 APPROVING DEVELOPMENT AGREEMENT NO. 2011-022 BY AND BETWEEN THE CITY OF LA QUINTA AND VPAH, LLC 5. ADOPTION OF A RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD ON MARCH 24, 2012 ON AVENIDA BERMUDAS BUSINESS SESSION 1. CONSIDERATION OF FILLING A VACANCY ON THE CITY COUNCIL BY APPOINTMENT 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) 002 CITY COUNCIL AGENDA 2 JANUARY 3, 2012 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) DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE PUBLIC HEARINGS - NONE ADJOURNMENT The next regular meeting of the City Council will be held on January 17, 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. CITY COUNCIL AGENDA 3 003 JANUARY 3, 2012 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 was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on December 30, 2011. DATED: ECEMBER 30, 2011 MONICA J. NTECINO, 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. • 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. 004 CITY COUNCIL AGENDA 4 JANUARY 3, 2012 Twf 444&& COUNCIL/RDA MEETING DATE: January 3, 2012 ITEM TITLE: Approval of Demand Register Dated January 3, 2012 RECOMMENDATION: Approve Demand Register Dated January 3, 2012 BACKGROUND: Prepaid Warrants: 94355 - 943841 94385) 94386) Voids) Wire Transfers) P/R 36510 - 36544) P/R Tax Transfers) Payable Warrants: 94387 - 94479) FISCAL IMPLICATIONS: i Demand of Cash - City Demand of Cash -RDA Demand of Cash - HA John M. Falconer, Finance Director 35,975.49 244,129.05 300.00 0.00 212,226.25 268,889.34 80,890.26 249,076.16 $1,091,486.55 $1,044,698.06 $46,788.49 $0.00 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING " i005 CITY OF LA QUINTA BANK TRANSACTIONS 12/14/11 - 12/27/11 12/15/11 WIRE TRANSFER - ICMA 12/22/11 WIRE TRANSFER - LANDMARK 12/23/11 WIRE TRANSFER - ICMA 12/23/11 WIRE TRANSFER -PERS 12/23/11 WIRE TRANSFER - TASC TOTAL WIRE TRANSFER OUT $2,562.04 $146,051.90 $9,135.01 $54,332.30 $145.00 -$212,226.25 006 IC W NCO 6Nz. ,Yo � WNo l - W IWwO. < 1 Z I a �rz ,LLQ IW2 1 I � I i 1 1 i I 1 O O w w O a0 N CO M (O P O O P P O O O O O O O O N N W f0 Y O O b b O M b Il. .111 r b b b b ON ONO O O O O O O O P P Ur I W Z I W W r r O M V Ill �I� V Q P P Ill Itl Ifl W N If1 o O b b M M 2= I r r v v M M o aG Vl m ltl ap U O I .+ .+ M M N w N b e0 aD O e w •+ w w O N b w � N 1 w W r Gr Mt Ik t vc R W. Mt IN Mc �k Y J J J J J J J J J J J J U 6 a a Q Q Q Q Q Q Q Q Q W r r r r r r r r r r r r O O O O O O O rU r i r r r r r r r r r Q r r N d WW w i C C C W W C C C C 0 C C C C Z C Z C J Z UI O O LLLL O Y O r 0 O i O fD O U O r O w O O O r C p 0 C 0 Z 0 0 0 w q r r Z p Z 0 _,,NI w i Z z W Z ZZ Z 6 z Z Z w Z W Z O Z W Z L i W Z w LL Z Qo 1 r W Y W 00 W LLUU W > W W W C W W W > W Q W W > C > ww > oo > W > > > U > U > W > C > O > O\ I W". > O rr CNN > Z > > r Cb rC I N QQ W Q r O N N Q 2 LLw I wU I o 00 WCC 2 w Z N N d\ 1 NI L ZWW 6 2 r S i Q J Y' 6N W S Q C pl O Ww c.l N ii d33 x q r U c� x i 3 a• W rO o w OO f�blll �t M ill e e a w w eo oww o �t o w w o M o ON 1 I li Ili I ZQ O- M OEO OwN M M M O O M b w W M M ILl w M Ill Ill x w x w N M M ww w Yl M w ^I O ti W ILl Itl M Ill N w Ifl W W N r w Ill O e N:, ND b M 2 O O e O OO O ILl O O O lfl 0 O OZ I O 00 000 O O O O O O O O I I M Yl Ob MMf� M O w M M M ill w U I w w ww www w w w w w w w w U Q o 0 oe Oeo 0 0 0 0 0 o 0 0 w w ww www w w w w w w w w Z � � o I w r 1 W w rww Nwww w w w w w w w w O w w Qww wwww w w w w w w w OWN o o >oe peoo Wm 0 0 0 o O O o \r N N CNN NNN UN N N N N N N NN \ \ \ \ \ \ Z\ Up b b wwb Wbbb >b b b b zb b b Ob W w w zww rwww Cw w w w Ww w w ww 2 \ \ O\\ Q\\\ W\ \ \ \ W\ \ \ r\ U JN N UNN 3NNN NN N N N JN N N �N I Jw w ww www w w w Jw �w w w Jw Y W Y Y O O Z CO NO WOO WOOD ZO O WO O QO O e Vie IM CO mO JOO JOOO w0 O zO WO YO O O O N IPII IQ-1 S w Q Q H w p Y W W w z l W m C > > a 3 6 w u u .zi W LL. Z. I Y N J J r U 2 C > Q N CO w i LL I W Q J J J W_ Q W LL 0=4 2 Q I OCO. W� zb Jet Sit Oi� O UIgWZ: Yw Nw Uww Uwww ww 2w Qw W. Nw w Nw U. r w IZ= QO Ne QOO QeOO «O No wo 00 r0 ZO No 100 J w IWU JN QN ONN ONNN N wN ON ZN wN MN WN ON Y o QI » mm Ue UOO UOOO 00 pO pe We LLe LLo So xO 2 N r O O O 00 000 O O O O e O O O \JZI >' wi 0 O O O O O \ma.I w W e e o Oo O O e O o 0 o O O NS IN b J p •• I W N M WSLL I OU o M P 0,000Nm -cm 1 Zw Ow IIIM bww bw» N ww l mw Mw N w N I� QC 1 00 I nw VN Pww NNOO O ON MZ bw mu 00 wm OWN Ifl w Y 1 p>Z I m Mf = - M=WW b Il1N ow illy �1^ bN bZ MV N WOr I ZZ 1 oU Opt O» ooN. Y. OO ob ON. OU oU of` Ow OM o. CCwIWw I OW oP 000 owQ6 ON ow 00 OW oW Ow OW MP o LLLLU I> I op oP OZ2 ow» oill Ocp Op eO op ON OC e%r_o 007 � O O W �rz a �LLa � W x O 1[1 0 P P Y A A M M m m o O P m A o O o O o O P P M M P P m m ur i[1 1[1 Itl IL1 If1 1[1 M N b 1[1 111 O o O o m m N N W Z- P I[I P W M M A A b If1 A A Ifl 1f1 O o �t v M M N N b b x D U O � •+ .•� N M N N If1 W � � A A a� .M' • 1K Mc vt W .V� )k N .M' Mc Mc J Y J J J J J J J ti J J J a a a a a a a z a a a a a r r r r r r W r r r r r o a K W Y O O C O Z m p Z > z Z i z z S z z W z z Z Z z W u W W W 00 W W U W L W W 0 W O W > U > > U > uu > U > > W > LL > O > �+ > m W N mum r 6 W m 6 U W L W W L N J r� O Qa O O U O U W i U 33 u J U S W N M .-� O P P e A v If1 •'� v �T IL1 .� IfIO N M M v Ifl v Ifl M Ifl .�.•� �1 W N .r .y N v v v vv v �n v v v v In .r .n N N N o e o 0 0 o M o o O I[1 O O O O O O m O O O O 0 o e e o 0 0o. o 0 0 ro 0 0 oe e o o 0 0 0 NN N N NN N UN N N N N qb b b bb b rib b Wb b b Z\ \ \ \\ \ Y\ \ O\ \ O\ ON N N NN N ZN N MN N WN r J ¢ O o W O 00 r S O O um a N o W O O 2 0 00 w o u O q 0 = 0 O m 0 w i U W K > r+ J. Z W + LL �•+ U Q Q O U K H J rw N Z W WM NC W. Wv Wv o0 Zv JI[1 a ^�1 aO Ze 3o QOO ao YO XO no MN ON a N W N N WW N N UN ON W N WN ¢ N H O no J O J O O J O S O L O �Z O ON O 1 0 O O O 0 0 O O O O O O O O O O O O O O O O O O O O O O O ON O O ti .n A PO A P .+ON M. A NQ Oe m v MVIfI M. NV AO ON 1 ON NM om 0' vinv M. NO AN ON vm b.t OP OS m OON Ou bN M. my bS M� mo OM oU MON OU O.y M. ob OM oZ OM OW OW Obb OW O. W. - WO OW Oa Olfl OR' Oq OMM Oq Or-1 ON OP OY. O7 a OG8 w v d �rZ M � 4 Q � W S .. .X o e M M M1MPm M1' PbmPNo�tOe N eo OP aL M M O o .y .4 blil 111 .l N MlllmObObbo m oo e�i WZ � m m o o M1 n Il1M NP + PlllbmboNNe .. em mlfl S� � Ill Ill O O M1 n MMmM P NOOnbnNNb b bN mn M � � O N � b N .1 * w * r * N J J J \ J J J N* Q M N Q W* rU r 6 r r N r r NN rr* X N rrrrrrrrr .+� �* .N.I � K N K 6 W\ K SSLLLSSLL 2' �� KO* J Z O O O O JM.-I O!>YY>YYY> O .iM OZ* .+ O W q 1 q q 1\.'I q aaaaaaaaa q .+N qW J.y w J Z Z Z L.. Q Z Z \\ Za* W W W 2 W p I m m m W OOm=OW .y .� WX * >N Ld . ¢ > q > 1 > U..Z(D (D > R'R'6'OC Df OL 1'>W 3 LQaQ¢QaQQa 3 W NNJw U U U U U U U U U J J Q* w -cw 6QQ6QQ¢QQ I-I.y r* QN W R r m OJrw 000000000 mm O* 1 0 Q w .+...+.+....+ 00 r w i 0 U L N m m r >>>>>>>>> L S J �LL a bNNv If1111 r Nbe OoO o.ieMMO NN D Z6 W V ILl V .1 .1 a' .t If1 lt1 Ill Ill If1111 M w w v Z a .... ....... X N If1 Ill rI W. .+-MMMMM-NM mill Q w M.NM .r...a.a. .yNNb �V (D r Ill N N Il CL mm. =Yt MM NN = Ill O o =Oml OOOMMMOMM 00 D O S O O O O O O O O O O O O O O O O O O OZ . Ill ¢ O O O 0 0 0 0 O O O O O O 0 0 0 0 0 W .. .. u.. ..., .... ., .... .+...., ...... .... OW o O rI0 Oeoo S'Oe0oo0eoo Oe \ r I N N N N N N N Q N N N N N N N N N N N U p s b b N b b b b b b b b b b b b b b b b U N J N J N Q N N N N W N N N N N N N N N N N N W .'I X J Q K Z Z m 0 2 e d' o 0 0 e N 0 0 0 0 0 0 0 0 0 q 0 0 3m _ m ¢o 0 0000o O000eO0000 Woo P Q� U ! LL m r I(l Z Z-W r w 0 w J O 3 i •O �T Q O Z I Z In J U N .LLi 2 I 1' Z w J K 3 LL O O U.OWZ: W. 4. SV NM�1bM NnmPNNNNNN J�1V .y. MM= J...� O=Om NNN wmr i Z 2 i e r o Q o Y N N N N W N N N N N N N N N K O o .y WU rIN ON NN WNNNN WNNNNNNNNN MNN >0000 3000000000 300 NOCr O. w o O o o O NE .0 .. (DQ I I p ••J W I w N ONWP M . WZLL.OU b.I m NIl1 ooNno .t MNN M<O - Z" lllm N PN QR' 00. O.-I N mM NM.INN N nb0 y w> i q> Z-- ON b P OP N.. I. O N N N N N N N N N wor l ZZ O0 00 OM O.+no. enM1M1nrM1M1rM1 Oo0 wm . I W. O O O M O M o n n S r O O O O O O O O O O o e 0 d D U-> O m e m On O M1 n g M1 e M M M M M M M M M Q. . m W >Or 1 d N 0 1 ' LLQ ' W 2 ' 1 1 1 1 Y WZ U r 1 i W Z ' U0, O ' 1 LI 1 ¢ ' 1 w 1 O ' 1 N 1 1 \ � 1 b 1 rl 1 N ' ' rl 1 1 W a 0 Y U W x r U N w Qo r' 1'b ra 1 Q N W ' W ' 1 ZLL 1 � r O w O N z¢ W ' a � ' x ' W ' r Z O O ' 1 O 2 ' 1 U u 1 Q W ow ' \r' Y Q 1 u O 1 W 2 u 1 1 Y 1 Z 1 m M w ' Z ' W M C 1 L • O' N O I Q 0 2' LLIZ a a J ' Q ' o O ' U ' Ow 2 ' Z x W U 0 6 ' 0 ' N r ' O > x O 1 O \"O 1 W N L .0 J ' KQO Z'WU-' < W ' 00. LL0>'Q>z' W O r' Z z ww" 1 Ww 1 du ' > O W W O O O 0 O w N M b M b O P O Yl o .+ J Q r r 4 010 p q W W I WI•+O I I = I a ��z ILLa Iwx � Y U H I W Z I S � I U O I E I Q I 'I ^1 I O N I ti I I I N I I \ I W F a p Y U W S f U N H J Z I ao FI >N Sal O\ WHI p,• .a F K I 0. N I r•I U I d \ I N I Q N W I W � • I �LL h• O p N z¢ W a x W H Z O O I O Z I U U Q I W ow - um. W S U I Y I Z m � M ¢ I zlw y l = • O Olaozl LL 12 P F I Q J I K a l 0 6' O I U I O W Z I Z S I W U o QI>o \ J Z I > =m NI a 1 0 ""a. W N Z .0 .aUQ I J I O W WELL I OU n QOIZr 6 a > Z I 19Y qI W OF -I ZZ yd'Ir I Wt+ 6 1 U 1> I 0 00 e o0 0 o O O O O M M M p b atl O N O e O e 0 W b .�I v .. b rl o N o N o� 00 W I T O r 1 d y 0 I W I W.O. - Lb I I E I d �rz I LL6 I w x I ;I I 1 I I ooPN O o mN O Ill Ill f� f� e O 000 O o O O O O o O O OOwN �. U W 2 1 O O bV O b b w �1 I[l m mJ �T O O O Ill Ill O b b O O Ifl W w w SO I PP P b b �1b o v v v v P P blll 111 f� o o O o N N N N U O I w �t �i w N .•I .+ w w w �1 w w m Ill QI � o N \ 1 r 1 N � I I w 1 1 W r QW. It • MI • Mf Y. NI )k x MI Y J J J J J J J J J J J U Q Q Q a a a r 6 a a a Q w r r r r r r rZN r r r r r x p O O O O O wOw O O O O O rU r r r r r r r r JrK' r } r r r r y J J J J x Y x J m C d• w d• K d' w QaaQ d' Y d• JJ O d' d' Y O d' }x d• a O J Z I rrrr O d O 00 0 O O O d O S2Q O Z O W 0 W O .+ 0. Zzzz q SS m q q O 1 1 add x 0 LL O d O Jw w WWWw Z w00 z z 2 Z J Z d' Z z 0 Z Z W Z r z ao r 1 KKd'K W O W UU W y W Q W O W www W y W J W W W > O r w > >N xd 1 > r > JJ } J > w > r > xxx > > Q > 3 O\ I W w I x x x x U 44 J ryI y O O O w Y w www O z dN I Ir-IU I 0000 w MO 0 r w mom w d• b O d\ I 0, LLLLLLLL r 00 W w r xxx } d 0 LL .EN W I wwr-Iw y 00 r Z y z WwW a d Y W w ON ZZZZ Z JJ a a -+ xxx d Q r w w I »» .. mm Z w z• r0 1 nrrr M w.i �1 Ill M MMM O w b O w 1 0000 �T MM O rl �1 000 O O V O no Za I I I I I I 1 I I I MMM P w M O 00 d W M M M M Ifl N N M Ill Ill Ill tll m e w w "^ M N �1 Ifl 1 I I O i Z eo0o o Ill 111 o 0 o eoo O o e O O MO. 0000 O 00 O O O 000 O O 1 CZ, rrrr M Ill 111 l� M M MMM O w O 1 U 1 I.i I I 1 I w w w'1 1 rl 1 I w rl 1 '1 I .'1 I rl I I I ry'1 .•I I '1 I rl' I rl ti 1 a o000 o Oo 0 0 0 000 o e o 0 1 .rww.r w .•I ..1 w .a w w.1 Qw w Ifl w x..l U 2 0 0 2 W y W wwww w www .+ Ww w rwww Ow w w w 1 1 r'I UM rM QMww (1•.w .•1 w w 0 O W I 0MO= N O O N o WOO O 0 .0 w 0 .0 o w o 0 o d o N 0 ON 0 N N N N N N N W N N W > N > N N \ d' N N N U \ \ \ W \ r \ \ Y a I \ \ \ \ \ y \ \ w, d' \ w K M y 1 UMI NNNN =N N U N N O N ON N N N N N 6•NNN QN N '� }N N N N N W NNNN W N WN ONN 2 \ \ \ \ \ \ \ \ UN J \ \ \ 2 N\\N m \ N O O N x N N ei{N N N N Q N N N U U NNNN 6 N N w.1 .+ xw Z.+ w w Z 1 w ..1ww O,N y w a r w Y I Z I0 0 0 0 w O w O O 0 Y r 0 O LL o O Y O o o w o 0 o mm m I O O O O O w o Z O W O Q O e 0 r O F o o wm o Z WOO a d N "I K 6 d' O U O O z Z 6 w x Z I w O W I x •O I x LL 0 W W Q O W z O 0.40Z. 1 U 2 w = J r y w z - d' y J y J > Ill eWI I d 1 rzi N Q a w d•I z O w 6 W J 0 aIOKOI Of PmO W dm U wmm FU•I m m Wm 2WPw WM rb w�} ON Ob WM rIn U U I pWZ I Ubbbf� QN d'NN Km MO ON wmmN w 6N J N d 0 K O y 0 3 w I Z x y 0 0 0 0 > rl w-,. Wm W O O w O N J o o Q N N N 6 w 6 N Q N a N q w IWU J N NNN J N x N N x N x N 0 0 0 0 U w um um U o U 0 Q I> O Q O O 0 0 a o Q O e Q O cm MO Ooe d o 0 0 N r 1 0 Mo00 0 0o e o o \Jz1 > r P w I a e o 0 o O o 0 0 0 NMO 1 0 0 0 o O o O O o 0 0 0 \MO 1 W o O O o N x 10 w .04 I W.W. P M J I wmwm P P w q.. Will WELL 1 O U M.M. O m b mw b b P P b M V m ON M w 0 Nit m Ow N N a C0 I Zw rmm w= P w�1 wit ISOm � ON w.•1 PN IIIN O�1 bw O aK 1 NOON .�1Mllllllll m 00 NO M�Ow w.+I"G 0w oltl OP MN 0 6U' Y 1 O>Z 1 WOr I zz Illxxxx 00000 mw od' oNf� omP �1w Ow oo o0 Mw OK Ow 00 OM OwOM OM 0-1 ow oN o B ^ d'd•w I Ww OY!!Y OQ Oeo 0o Oft Oa O> OwwP M..M OywN ON Ow DP Oar• o OiL ddU I > 1 OJJJJ O> Obb 0.-I O.�I N 1 0! I IOq W IQNZ1 W I W I -I O I UI IZI Q npQ 1 a �rz I IWX 1 1 O N •y o O N N O o .+ .y o o O O O o O O O o e o O O I Y O f0 CO t0 m It1 O O O r1 •'I O O If1 1I1 O O O O O O O O O O w z 1 b b o o b b in In o 0 0 o r r o o �t v in In o o n t� _= I .00 IL1 Q 1 M rl If1 M 1 'I O N \ 1 r N N I I w 1 r 1 y J J J J J J J J J J J J J W w 3r Z r r r r r r r r r r r S 3 W O w O O O O O O J O O U O O O rU WZ r K r r r r r r; r r N r r (0 r IN -I W K C K f.0 K N U K K C O O: K K w Z w J Z I w O rl O Z O O > O O O Z O O Z O U O r1 O W 0 Z q " q 0 0 0 q Z Q W q q O Q > 0 r q J .1 r1 I 0 w Z O Z w Z a- Z Z d Z O Z w2 2 rl 2 N Z 2 Z Qo I r 1 O r W Z W d W " W U' W " W " W ; w < w r w j >N Zd I O!J > > N > 2 > Z > 2 > r > O\ W rl I r1 r+ C N rl N d r r U d K 1� r p: 1 > LL 6 W C z C rl rl O Ir Q K dN MU I E J W W W K LL Z G.1 K W QN W I rQ Z Z Z N z Oi Q LL > Z Z q l zd a Q w z w p z w O o w~ I QN 2 = 6 f N CO K Z U LL C• 7 LL r p If1 LL1 o N M f� M M r O P .-1 M ON Z Q I w 1 Ow v O O w w N M N M M M d N If1 v If If IT v I[1 v M v v v I Z o 0 o O Ip o 0 0 o e e O O" oO 1 00 O O O O O O O O O O O OZ 1 00 U I U N N .�I .�I .+ .+ .+ N .n .+ J .•I .n Q 00 O O O O O NO f•1O O O O O N If1 U .'I rl rl •-� .+ 2O II1 J r1 r1 •-1 N .-I '1 I Z rl W M W N r O .a m N .-I .+ . I Q rl J U .1 w •y qW 1 0WO O O SOm Jm 0m 1-10 m 0 UO Q O \r1 NN ON ON N ON QN ON >N N N ON N Uq I Nr >N JN WN WN r ZN WN N N Nf� N 1 W 1 NN WN N WN N LLN ON ON N N QN N 2 \\ W\ n\ r\ W\ O\ I -I\ \ \ \ \ \ 1 U UNN ON ON 6N ZN N rN rN N N Yi1N N Z .r .n W .•I Q •-I O n1 U .+ Q .+ Z .I .1 ..-I .+ .n Y Ir Y rl S S O S W U Z 2 Oo rC O:O Um d0 Non ZO }O Z0 Wo QO o I 0 rOO wO rO a WO NO We JO rl0 C0O UO W J rl 0 N 1 I W > > C W Z Q O n J O W I Z •O I 2 W Z S r Y Q W Ir > o O I Cox 1 w w rl ? r W U Z y U LL J O N ILL -I I Z d > J } O Q J [0 2 (0 rl n N O Q w 0 Z U O O Z r i r N Q I = 0 I m OD:O I CO e.+ WN .+ JM Wi "o a WO wo Q U 1 Qwz I vv 1-N rr QN U1f1 iM wo 30 Em Qw ON WN 1 Z2 300 Z. Zo 0.•I WO r.. wo 00 ZO ro M. 0.•I S 1 WU I 94NN WN WN WN SN I -IN ON WN ON QN WN WN LL o QI » I Uo0 UO Uo Uo UO UO UO Uo Ue qo qO qo q N r I O 00 O O O O O O O O O O O \JZI > M"O N N 1O o A O O \MO I W o O O O O.I O O O O o 0 o O NS IN O U ti i1 Q I N rl JI 1 J W<O I OU I NON .cQO 1 Z0 I NON Pf� P .I .+ .nN �1 My O bJ M QO! 00 I MNN Nb fib f�N Ho b b.a N.•I vQ ob o P 1[t dUI } I p>Z I orr NN Nv M.I ON r1N �t If1 Ifl 'I bZ MN C)w ON .r Wor I ZZ 1 eve Oe ee co OM e.. erl em Om O� 013 K D:H I Ww I OPP OM OP ON O.+ 00 00 00 02 oa0 O.I Oo �� aaU I > I OgIW oN O.•I 'e.1 0.�1 ON om oP OQ oM ON oM o' .. M I K 1 O p W I I Cox 2xoCI 1 I dN� 1 U 1ZI Q +OQ 1 a � I- z I I LLQ 1 W 2 I I ' M M m m O o �T �? .a000m0 P w.• M o o O O o o Ov Q M O O V b V O O O m 0 �} I V" i� 1I1 W O o Ifl Ill W N f� M Ur I . . . . . . . . . Wz1 N N v v W W m m OOMWWN P Pmm V V b V V N N Ism Ill o 2= 1 N Ill . -I N N M M NOI/ImwI m C wv m M M P P V V OP O V U O I N N mowwI m o .iN C V V Z I Q 1 M M .•I 1 ; r1 I I o I N r N I N N ' W M N N N - Y Y. J 2z J U W I Y h F f f Z W oz 0E- x 1 m o 0 o w o 0 0 0 0 o Q o as o m fU F F F J H MOU H NNN I- 1- 1- H W =f F- N W 3 w Z W W W 2 x J W w oe z ae o rc U o p z G M .a .a to a r z Y z z z z z r J z. O O O O 2 O Of QOwa O JJJ O d O d O U' O I -I I -a 0 J .. 0. U z z O 1 O O C.aw O 116, p O O Z O xw z 0 z z z w z oLL 1 Uw z aaa z m z z z to z 44 z N Qo Y- I x W N W W W W YR•Jr(,1p W »O W O W O W Z W QQ W Z >N Z11 Z > W > > z > 0 mm > NNN > f > H > Ir > NN > O ON WN 1 O 0 2 m m0U U U Q \\ U dN HU1 I -I O O •a oQ Ox WWW > > C U'0 dN 1 rI0 1 H m 2 m QNZQ22 W W W OC R' 1 OO P aN I N 1 U J IrUQ�• 4 WI. Y- F- pO M QN W. W 4 w .a WW=WMMEM Q 000 z N > P p 1 J Q W .a WK�W>N. 000 Z Z O mm m W� W S 1' 2SF-!A UUU I -I 1-I Z LLLL Q 1' HO v N O .. r r r r r r I� t� t� M M ." 1� .•1 N I -I O N O O Oeoo00 NNN vV o eo N ZQ M M o b mmmmmmV V V M M .a Nlll M w l(l M r W N O I. l[m. mWm . W . xIll M M M M y M .-I IM N MMMMMM Ill Ill Ill .a •-' M .'I .a M w W I 'I V v Yl IT 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I- I .a O O .a MMMMMM NNN M N N .av Z I e O e e Ooo000 e00 O O O Ov e O e O eo000o 000 0 0 0 am o OZ 1 N O M V 11 1 .a ti Q O N O o OOooOe Ooo 0 0 0 00 e I W Ow 1 O O O O N N N N N N 0 0 0 O O O U 0 0 0 \ f 1 N N N N NNNNNN NNN N N 2 N\\ X Q 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ w 1 N Ufa r N N N N N N N WNNN r r Or NN Ur W N Z N N N NNNNNN W N N N N N O N 1 N N \ S \ 1•a\ \ \ NNNNNN UNNN N N WN O\N U N N N N NNNNNN NNN N N N ONN N .a N.•a .a J.a .a .a .a .a .a .a >.a .a .a .a .a =.a CD .a N.a Y I K Q I Z I o O o o Z O 0 0 0 0 0 0 0 W e o 0 o O h1 0 O O O m e I- O O am z O O O O O O. N 0 0 0 N O o J 0 0 0 Q O N Z 1 m W F- Z I W . w aQ W {wj J Q N N J O 0 1 z •O KO N > O 0 1 QOZ m I U om Ifl w I zd 1 Q Q U S' + U z 0 .a J I w N 0 z W W Q 1 0wo 1 X -I M OM =a p•vlllmmmm zm. Wm OM QMN m U I OWz 1 m H-In om OP U4t NNNN Nll mw ON SN Nit moo SN ZS 1 z^1 a m wo 0 oo.a .a .a .a 1•e00 J.a z.a 2O Mac,WN .a I WU I LLN fN QN UN U'NNNNNN 1•INNN ON =N WN WNN LLN O Q 1>> I ma W O LL O W O LL O O o e o 0 LL O e 0 (DO (Do S o ZOO S o N H 1 O o o o O 0 0 0 0 0 0 0 0 0 O o O am o \J21 > PP1-I 1 x ' 0 0 0 0 0 0 NM= 1 0 I O 0 0 o O O O O O o 0 \MO I W I O o 0 o O N Z 1 N aUQ I -1 U } } p .. I w a wzw-oU N N .a VO P .a V .+ M moo -IV OCQO 1 Zw v.a v V VM MMN P .a am INN I� Nf�f� �f ll1 QK 1 001 M. M.a m ar b.+ MV A Oe0 .-Im a Y 1 P>Z VILI o0 vl�m.'10PM Ommm Ml O.a Ill MNN woF . ZZ ON Or Ob Oo Omm.aPmP Oltl 111111 00 00 Inc o.a .a OQIM ww" I w" I ON am Ob 00 MVVf� ON - 0. 0.1U1> I O.n OP am Om ONNNNNN OPPP ON ON 04 a-,-, OP 014 v �m 1oq W 1 YOI- 1 W I WIr01 Q ^OQ 1 d ��z i LLQ � W 2 1 1 1 i 1 M mnm M v �t fit.-i0o00n N CD 00 'MP N O O P P O O O O M 1 Y 1 M M P M r r r o n I[1 If11t1 Il11f1 M b b I[1 O b O O lf1 W o O o o .+ U 1 Wz. O NNM f0 b b MPED 000Wo n b b .y d0 P O O O O b b O O O SOI b o001I1 M rl Pr PPPPaO �t r n .+itl b O O M M b b m U O I 0 N 1 i \ 1 � r N N 1 rr � W 1 r Q Y J J J J J J J J J J u a Q a a a a Q Q Q a w 0 - H 0 ww 0 0 0 0 u 0 0 0 x o O rc o - zz o 0 0 0> o �o o .Nn d' a K z a uu z W d• 00 w z d• L w K w a J z o d O w O QQ o w ot- o l o w Q J q LL o q xx g d o a q q q z z zzu z a z rr z w z uu z L z J z z> z .. Qo 1 Hi W 00 w u w zz WWz w J W W Q W Q W W W W 6 >N 1 Zd i > wl-id > > hl r•i uu. > u > FF• > J > > > q > L ON 1 WM I F-HL Y QQYl1-i rnQ Y uu W Y rcr 1 f-K 1 QQO H MEMM Z u QQ w w q n o dN' 1 1-1U 1 00M hl QQYY d• mw Q 2 o n d\ N I rl rl u uuww• mu O F-f w d• O o 71 aN W I www N C<MM Q f ZZ w m LL 1 x .y Q . mum >>".aa> O OO d• H w W ly ".w - SSJJJJS S uu f J w > d . OLL H O N N e n N N N N P P o P P v o O o hl 1 W N b a If11L1 I[1 If1 M N m 1[1 .y 1I1 M 0 o v O N 1 1 1 1 1 1 1 1 1 1 1 1~ 1 SQ bbM 1(1 MMMMMMM M M M M .y O O M W Ifl 1[1 v w 1 M M It1 1111f1 w w 0 w .+ O to N N. .+ 1 vvv v Vvvvvv� N �� � � M N Ifl It =Oo M NN�t �t lflMm o NN z O O O 1 OOo a e000000 0 00 o O O O e 1 0 0, O O O O O O O O e 0 0 O O O O O O O O OZ , rn0 •+ MMMMMMI[1 p %1 lzr M M U .4 ^I r-1 .-1 .'1 ^I M'I ^4 rl M .•1 M'1 .•1 N N '1 rl Q 000 O 0000000 O 00 O O O .y .y b .y .i ^I ^I .� ..1 .1 .y I[1 .•1 ..1 .y .y .q 1 1 1 1 Q W 1 .� .q .il N .y .� .� .y 1•il .y .y .y .� 1-1 .� .r .r .� .y .+ .y N owl U O o 0 C.f 0 O O e 0 0 0 e N e 7 e o O o \ 0 o O f Z N N N H N N N N N N N N N J N N N N N N N YQ i 1-i\\\ >\ \\\\\\\ Z\ O\\ \ \ \ \ \ u 0 1 U r n r z r N N N N N N N .4N N r n n n r r r N N N Z N N W J Z N N N W N N N N N N N N J N N N i W \ \ \ ON \ 2 1 J O \ \ \ N \ \ \ \ \ \ \ \ \ \ \ 1 U 1 w N N N N N N N N N N N W Z N N N S N N N H N N 1 1 . �.1 .q .+ UI .y .�.1 .1 .•�..1 .�.� K.q W.q .r r.l .-1 .� Q.y > Y N Q Z L z h UI O o o M o 2 o O O o O o o LL O O o O ^ O N O O 00 2 F+oOe Jo 670000000 00 UOo YO WO NO 00 F-O O Z ryi K K L d w O O O Z I W J 1-I L Q w L d q U p OIX .01 l a O z. w 2 S u L > 0 LL I Z z u u Z Q 1-i U W = = a If1 1-i 1 d O W W 1.1 ! Q N 2 O Q ~ Q 1 OWO. U ~brM ~N OPWMC lb.�l Q(O >aO aD O Wn NM J.a JM u qWZ 1 x 2nnw SN mmVNNNNb Ov Oa0 a0 >N N zo M 111 .y ZS 1 ep weoo U.+ 600.w .s .rHo 20 Zoo 2.+ �nl 20 J.-i etle .y . W U 1 LL N N N N Y•1 N O N N N N N N N O N z N N Q N O N ON ON N O Q >> S 2 0 0 0 2 0 2 e 0 0 0 e O O 2 0 fi e 0 no no no Y O J O N H I O o o 0 a o 0 0 e O o 0 a e o o O O e o \Jzl > NMJ 1 O O O - O O O O O O O O O \ M O I W O o N L N WEW-O J 1 KQO Zu oPMv v N q'b mm my P QOC 001 N vNNN n oM1flr COrvN MP .+.+.•� P a0b N.+ Iflb v .J O15 mmMNM� doy 1 q>21 0 M%T� o M. OOP.•�mmw1 bb .�1ww MM It10 MN Ne M� •� WOf 1 ZZ 1 O 0M0.�I O.a OltoVM"00 OO oo0 Oo oM o7F ON GI'� " MMU 1 > I o ONNN ON Obbbbbbb M. O.-i 'O. Ow ow OF- Ow tib O O O m N O O �} Q O O O O O -O O O MM .•I O O O O -O m !0 O o �T �1 o O o O O o O o O N' M O O o O ur1 M M M M b b O O O o O o P b' 111 v .'I .•I I W z 1 MP I[1 n n n n b b n n N N W W N N W 1[1 v M 01 If1 M W N N I x= 1 W M N O o b b .1 .+ O N I n N I N I N I r I I ¢ a Q 6 U 6 ¢ ¢ ¢ N Q 6 Q 6 r r w r r r r w r r r r r r o a 0 a o S Z N Z Z C z Z C Z Z C- Z Z 40M Z Z C Z W W O W 0 W O W W O W W W Z W O W Q o r 1 0 W > 0 > r > Z > r > > r > > atl2 > r > r > >N id I C > U U U W S U O\ WH I i > W U h1 r a M p m> > Cn rC I WO N hl M Q C Z C Z M J C 0.N HU I Cb J C C r r SY Q r 0.\ N I 76 r a r W N LL N LL r C QN W I i2 Z 1 N LL Z W Z W a- O z p 1 W W O Z I -I C r u U rl W~ I >> U N M O Ir K C �LL rO 00 M O �1 O �} �? a v ZQ M O M O MM O M W I V v M O M I[1 M O M M LL y� M .•I O N I[t N I[1 N .•I .+ O I[1 r 00 v 1 O I N v N O N I O 00 N I N O 0 O O O O 00 O 00 I 00 Nm o 0 a 0 o O O o 0O 0 o M O Z I O O r .•I O M I(1 M rl M O O O .•I U I I I N I I N I i-I I .i I .i I .•� I .•I I I I .•I .� I I M C.1 Q .•I ^I 00 I -I �I CDa O O O O O O 0 00 0 O I W W O V W .•� .I .I .-I .•I ••I In W I J O I I W .'1 .r W U' .'I .-I .'I .•� .-I N .r .'I .'I .•I .r .1 ry �1 ^I i•tl M O M ^I 00 rl O a pW I 0 a WIa O O a a O O O N O N O N N N.N N N \r I NN N N N N n n n n n n nn n n I UM I nn Cn Nn N ON N N N N NN N N I W I NN WN (ON \ W\ \ \ \ \ \\ \ \ x \\ W\ Z\ N N N N N N WNN UN N U NN ZN hIN 1' .'1 .'I .� N .•I � .•I .r � .•I .� W .'� .'I > rl .1 .'I 0 .'1 O y Z on Z 0 On w e J O O a o O J O r O e O Q O m r O o w o o J o am 30 C O o WO am o z 0 x ¢ O I S J Z W O W Q x 3 W N Z. Z O J 6 W Z x U C p U Z U r w O W o O W C > H > > J N 1 0 I S -01 O O I QOZ Y p 3 Z N O LL I Z a Y M Z a Q I= -I W O N IJ•I + N 6 O W .Wi J I C Q 1000 I JMM Sm I M hlm Jn 2m �N Nm .+n rMV Uw Nm WN U rr U I OWZ I LnM am CY1 JN W� WN my QN WN Zbb Oeo b Qo Y.•I w .1 Zx I wm= ZO NO fI1 LLO W O UN Wr WN W. ON ONN ON QN 'LL WU I NN QN QN WN MN J O ON J O i O MO i O i O O i O am O O Q I>> J O O J O J O J O O O O 00 O O N r I O 00 O O O O O \ J 2 I > nP Ix O O O O O O O O O NMO I O O O O O 0 0 o O e O O \MO I W o O O 0 0 0 N S I N J I •, W m N nN Z N b NP nN n •-I M m O .•I WZLL I OU w P.I m NO mM WO MO bb - O o no �? Ca0 I ZI P NO .+o NP MO M nPP nN O QC I Co.0 I p>Z I O�NwMM am oN NV NW. Ohl OC mo OP M. Om o0 MP a. OM oC On MO om ONO NO NO on If1 ••I oo O ��� 0iC W OrIZ2 wo0 OMM o.l om ww OQ oM ON mtl of Ob Coo ON ON 1u yCU I whl o> O•-I ON am => o> OI(1 QPP Obb no ON o aLLU I > I omm M M1 eJ no b �z i O p W d Nei W �W=OI I iwx x i i MMNO- m 0 0 0 0 0 0_= OOo400 -O m�1 N O O o 0 0 N pL rm=.t a .Ip ¢1 0 o m m b b NNNNNN o PP P o N o 0 0 0 ' � WZ w z �t V'M O M N O b b w PN N O O I[1 1[1 m m x= � PNb M N N N N N N M N M" N N crN� .. N OOow=.+ b 1f1N m P P N N _ _ O N r N N w W � � f � Q Z Z �[ J J J J J �••� J J J J J x i w O O O D N O Z Z O O O O O FU � NNNJ N � W WWd J �•+ Z O O =WO m J Z JJJw O a O d O S O F O WYQ O O O O O dddN S O W O W O O O Jw . w ddd z Z z Z > z U Z SU=XZ= Z zz z z Z z Qo f W W W 6 W �+ W W W0 W W W W >N I Sd WOOZ NNNZ > x x > d > d > J > wmumww > >O > N N >. > > O\ I W= w (l S d wx N1 N S N r W C O q O zr I fd' W W WF - e d MQOmaN LLQ � Z 2 dN I wU. UUUQ Z d If1 Q SF•JrJW d\ N. wwwz z z i��i�� UUUUUU LLw wd Z q 7 ¢NI wl q WLLLLW LL LL d W > z z W > z W W W W W W z u U w w w W .� W o NNN O N Q N OOOggO NU d z z z • m Fc =NNN N = N bitVCCI1 NM V N e w O O O O M b O O w O O O O O O O O O O qN Z ¢ $iII b b b b .� M i Ifl b �ii�i� w V 1i 1t 11' 1t �� b M V O O w meIA0 mm M O N d X yN m,y _ .+ w ==.�ww= MM •+ •� N w mmmmoo w= 0 N N � It �I1 m M M f wNNJ N O N w b1t 1t-i 1; 1t N1; w O O Z eool[1 0 o N e Qmmoom 0 0 o 0 o e o o m o U o 0 0 0 0 0 0 o m Z N o Iff 02 NIt itl �t O •� M ZMNNNrr ww .+ Ow 0 6o N ¢ NNNN 0 0 0 o zooNoeo No =rl=w w b � w wwwwrl rlw rl ^1 Yi fw rl a � N d a o = w i =moo •+ .+ = ww===w ww .+ Z= .� N H a O W N N N N N N Om N N .40M 0 00 N N N O N a N z N N S \1- N N N N N N Y N N N NNNN N \ \ z a , \ \ \ \ \ \ ON \ W \ N \ N N \ WIN \ \ F Uq, NNNN N WN N N "NNNNNN NN r N N O W N N N N N UN ON N = N N N N N N Wd' N N N N N s NNNN \ w\ UN WN >NNN a\N \ Z \ N z\\N U N N N N N > N "N 2 N W NNN N N N x N N N W N N w w=w.a w zw xw Fw W=ww==w U. zw (p= " .� Y Y Z O N O o o w Om d ¢ O ^ O N O e O N N 0 o O O N J o Q O m O e o 0 o O z O W O N e o 0 0 0 0 w O e Om J O Z e z H O w F a O N F S O Q O Z Z W U O z- S •O . d d d d d N w z o O.QOz W w O u U m O LL 2 q W z U Z W Z U z0wo = ^ w It1 w i d U S Q.Qwzl UmPNP zm Y-M wb Zmm \o mw WM z U- W Z: w M M N w f m w Z b zm Z OWNNMN N m r N N r N (LOW -to N O O M q 0 00 W > _ Z z x LL O � O W O , Q O w 0 Q = N N N N N N N N N J o 0 Q N N Q N W N W N MN wd' W U N N N NNN N 2 N Z N J N z N z N N N zoo zN zo zo O0000 O 00 0o dodo dO0ooN0 00 N O O OOeO O O O O NNNNNN o N o 0 0 0 0 0 0 0 NMI � O \MOW o oww=w o 0 0 0 0 o O o 0 0 N S i N O o O O V wNa OONO„� J i mlll lflb M J O •• W MobN M M N N �t Mm N b WSLL.OU wNw Oe �t b �iP b N P Pit bJ m d'QO Zw i �wv P� M�1 mw N. bm oo If1 Mw wbM Nmlf1 N N NO fit¢ O QM 00 omm=N wM om mm MN mm =Mmmmmm ooM =M�G�t.r,� d Y . O>Z . OMMbr MP MIN O W O N N N O N N O O O N b O N O# O w W O F. Z Z . z z w i W w O m m o m o m m P m MN M w o N N w N P P P P P P o M N O V O J O Z Oa N �1 ��� O O ddU . > - Owl[lmm Or Oa Ow Ow OMMMMMM OP= Off} Om / 1 n Im pop W _ Q ^qQ I a �rz � LLQ � W 2 � I N N O OP P o O O O v M N P O O v O b 0 0 0 0 0 0 0 0 0 0 0 v 0 0 0 0 0 0 0 0 - �[ .. '. O o �} v O O MMebti M OOnOPNO0 . . . . . . . . . . . . .000 . WZ I W M N If1 b b b b lO NILl Il1M O vlll �lbPN000nPH0�}.�.yOb.y CpOb000v _� � N N N N �7' v M M a0 P LL1 .Ie b bOnnMEDVNmnnbnlllP a0P P�1'b Illy ma0v UO -a •+ o O Y v Ill fO lllbv o NIIIPM Olt1b-�.�NM PaOPNVNN PO ve-4 I Q � M M N N PaDnMn n nIn -��t Il1 Nb . •+ -� •+ v n � O I N I \ I n N rl W r a O J Q W W d = O O O D w WJ z rU r w r w r r r r wwzu OW N OJ JQ r O N W S wzww 2 Z L r r W LL Y *OIL 0 WW 2WL0 -'I NrQ > W ww zwxO . J Z I Z O W 0 0 O 0 0 1 0 00400 0 QSCR O <WZ Z pq w3 Q QWZ QZU MO LL W q ZZ ww zz w W U d (LOW aW Ell Ow a J0 z 2 z Z Z Z Y. Z NNZOCN. z z Z ww ZKU YY SX L\ JS QO r I L W W W I -I W- O W 2S01LL W w0- I -IS N W W JOOI-I UUU W WO UI >N Sd I > 2 > 0 > r > r > qq oo Usla3 O\ WI -II Y rI O U OOUIJJ Zr-ZmwwwwwwoOwoowK JZ<Wmzw KNWNOJWNJKWJZW 3 d.n I rK I K q O w OOZ6Q n-�IQZQW Mzww 2 ZS UWZS>W.. QZw\ 1N I I-IU I L lY K LL..rr r OW 1<>> a\ N 0 O r I. W< W><-R'I CI w ooWNrIW\Q»pQOdWQOW>QI-I 6rW Oww < Q N W > U r N Vi 1 1 330M 3 I I Z r r r J J r LL L r w J r W r Z J p O W U Z 0 oOQQQ nNW WI -COI -I WIr I-ILLW LLQW WLLWrIWQ2W WI -I W O W W w 4 W� 2 w O I -I JJ3UU o.+[gLLJUJR'NNQKQr 6'1'QK NR'UrKUL M �LL o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I I 00 I i i . i I I II i I i I i I I i ZQ ,y -1 b M NNVNN ooNNNNNNNNNNNNNNNNIl1NNNNNN -'I .'IMMMMMMMMMMMMMMMM�TMMMMMM w v M M M MMMMM y..... OW.NN wo..- -+-y- --+MMMMMMMM-+NNNNNN x N N Ill OOIll00 NN.+-I-'I -�N-��-'lOoo0000o1f1000000 w v v v v nnlnnn NNvvvvvvvvnnnnnrrnlnnrrrnn I 1% -+1% NN NIf1 -% -+NNN I r N v O v Ill N O -+N M.yN 00.400 OOOeoo000o00eeo000-+oo000e I Z O i Oz I v Ill Ill M PP'+PP OO.y-i -y �-�-�-+-�PPPPPPPP-+PPPPPP I 1 1 1 I. V Illb-�Il1b I I I I I I I I I .�M-+.y-y-�.�-y.�.-�Ifl WIII N IIIb bb-y l�l ll11l1bbb U Q ..I .y r I z a o w r M p W I-cc Q O wo LLo 0 Ir 0O Om O O O O e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e o 0 N \ r I EN N LL N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N I : W Y. \ \ d \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Ua oN On On W- oln n Mnnnnn nnnnnnnnnnnnnnnnnnnnnnnnn N N .� I W LL N UN W N N O N N N N N N N N N N N N N N N N N N N N N N N N N N N N I 2 I Z \ W \ 2 \ \ C \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N U I "N ON ON N UI N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ]C Y Y Y Y W O O O e O O O O O O O O O O O O O O O O O O O O O O O O O O PO Z O O ? O O Q 0 0 0 0 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v a ? > Y N w I Z I W O U O U O U a j 0 I S • O I q N r o O I Q O Z I 0 I Z W q W w W w r 3 atl .Oi ILL.I J 1' LL N N N I'm O ZMMMMM 2r-IbMVItIb nPNnOOVP�t -I Il1 IlIMNbOMnaD Q.OKO: WN WN WIl1 wm WN QN XN WlllllllllQYl Q-a .+PPPPPPry'IPOO O.Oe..y00rloo0 U I zx - z-L >�y >p >.�I 7.�I Neoo00 r-�I.y00oo00-+-�IO-y-y ... -a-y.-'I-'I I W U InIN ON O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N .r I Mo 'wo Mo WQ MMOOee COOOOoo00o0000000000000000 p N QI» r I O I o O O O e o 0 0 0 O o 0 0 0 0 0 0 0 0 0 e o 0 0 0 0 0 0 0 e o 0 0 0 \J2 > N P MM I S I O \ M O I W O H O O P O O O NL IN I b J i o n �1'-'I-+^-'I -'I vn�MVlllb nP(ONmP01[IO P.yOPPNbPMv 6'Qo I zH Iap0 v-y f00 �fO NO OH -I .i -1 .n OPOEOIO CD ap 00 aDP O(O tO PP OCOPOPCDPPEOPP -CW I 001 00 l0. Mo brI o- - - - -MOCOOO enaonnnrnrrmnnrmm� repnrrnnrr LL l9Y I p>Z I worlZZ vo eP o- or v0 o0 01' O>>>>> olll 111 lllW WllIWWOWWNOWIII W IIIw NIflN ul 11�l[[�11ll O1/� Z Z O b b b b b b b b b b b b b b b b b b bIb V b b•b b \Xl M a U I> I O P 0 0 O N O> O Z Z z I O O W I YDH I I Q N 2 1 I d N D l W I W w 0 1 O I S I Q 1 ^[aQ I IL I LLQ I W 2 I I 0 o OMmn O�1P V�1M N N N mbN b OO O O o OY1 y It1 b b In I, n n MnPbmP m�tom b w w wnr b o0 o N N mr I WZ I r �t �t o O b b If1M 0�10PNNmP m O O wPN M mP .-I I(1 Ifl ON Sp I O P P �i �1 N N Nr.nVOMbnPP N w w Pblf1 w oo O m m rm I- UO I M m m .n w w w w w Nw w w n P wM N b b M Q I M rl '1 I O N I r N N .1 I qY IM Ix IK x M W. MI s M FU F O F• f I-' f WWWWWWO.W W F- Y- f F• 2 f N S W W W W W W d W W W 00 W IN•I K a K K Y K wwwwl�-Iwdwww O' d' W W W 0 W W 0 K 0 Z J 2 1 O O O O d O JJJJJJ JJJ O O UUU O ON O O Z w I 01 Z O O O z ddddddy ddd O Z >>> Z 44 Z F- Z w Jw I w 1 Z f.I Z d Z K Z ddddda ddd Z O Z »> Z ¢Q Z d Z f Qo H I W W w W O W »»»UI »7 W 2 W KKK W dd W Q W 2 > N S d I > > 2 > F > N N N N N N N N N N > > > W W W > > > UI O\ W w 1 Z Z N U w 000 ow 1- w Kn F-K I W K WWWWWWfwWWW Mo y J dN wU I > W K UUUUUUQUUU K II11f1 c mm Z d\ N I W m H wwr-Iwww Kr+ww blt m 1. 2 W LLLLWwwLLwLLww F R•Y iC UU N WUI .•I q l d W Z LLLL Ww wwLL O Y.YY W W Q Kw W y S w 0000000000 F Fff o0 3 fN K LL Hp N Mb M M w.nrOrwNNww o Oeo O�1 �f w I O o �i OOOMNO0000 O �1 �fV OM O M�1 Z Q W I LA W M mI1 om ONIf mNm LnW d x .•I .•I w M .J Itl Itl lfl V .n .•I M .-I n .+.•I .y .r .� IA � 0" W If1 It1 Ifl .+If1w wwNNNbM w mw.n w m If1Il1 I!1 W M 1[1 tt1 v V I mmommommom O OOO 00 M MM Z I O o 0 oo00e 01f14100 a OOe OO w 00 no- O O O O O O O O O O O O O O O O o O O m O O 021 M M M 000 VIM U.n Mr I U I I I I I I I I I I I I I Z I I I () N w M rl M'I N rl rl e4 w N rl w 'I w'1 w rl M'I M w Q O O O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O O O O O I Nw w w .nw w.awwwwww w ItI NI[1 Ifl 2Y ww W J W KIm O 6 � a W Q .•I w .n .n ..� w .n lr w w w .a .r .r W .n 2 .n .n ..1 .n .n W .n ..I .� S .•I U .n .n .� w I -I .•I .•I .n .n M .•I .n J w .•I N p W I Om w e O O O e O o o O O o o K o MOO O o W m MO \ f I H N Z N N N N N N N N N N N N w N W N N N N N K N N N U0 1 Hr Sr r rrnnnrrnnr Nn wrnr Urr atlas urn I W I WIN N WIN N N N N N N N N N N N ( N N N Z N N N Z N N 2 W N Q N O N N N N N N N N N N N W N O N N N W N\ N w N N U I 3 N w N p N N N N N N N N N N N N S N N N !:J N N Z Z N N N W. W.•Iwwww^I .nwww Aw Hw.�w Www Y K LL U Z atl o 0 o 0 Q O O o O O O o o O o Z 0 =O== f O 0 Z o p O o CI K O LL O Q O H O O O O O O O O O O W O Q O O O w O O J O u 0 0 N Z I W U IO•I Q w > w a a d z O K I S . O I m f (..1 m O N U > ¢ O O I Q O Z I F ¢ W ¢ O m W I Z • I f Z O y' W Z If1 d I 0 Z K y J I K W � Z Z w 6 W W Q I OKO I Z Jw Sr Qm JNM.nb rl[IOQrb J.•I Wwww HOP Q�? was U I p W Z I Q d M Y N N N d M M M M M M M M m 111 W M ZOOM J M N m m N N M I ZS F 7.y M. Ow QOOOe000000 W. OoOe Z.,-I KO d.no w I W U m ON ON O N ( N N N N N N N N N N F N t N N N MINN W N O N N p Q I>> K N o N O N o N O O O o o O O O O O N O OMM = N O o N f I O O O O O O O O O O O O O O O O O O O O O O O \ J Z I > n P w I y NMI 1 0 O o O o O O O o m o \MO I W O o O O O O O o o O tiU, Q , N wP�tPOPMI[1bQ J I NPnPnbbnblflN O W V V b'MVmM WSLLIOU If1 O If1Z n P M Mo rMn KQO I Zw I v n Pw P7 �t �?w�1PPP�1NM�t b O m M. MVM QK 001 O IT IN M.•I r0' ewN�t �t �i �t Yl ltl m l[t It Mrmm mom Mw Obn dUI Y . e>Z I O bw ON Mw eItl NI[1 Ifl It11f11f1W WY1 b OVMN Om" ow ONN W OI- I ZZ O OP ON OK Obbbbbbbbbb O OVINN OMM 00 ON9N 019 KKw 1 Ww o M. ON OQ O.nwww.n .•Iw ww.+ Om' ONNN IDIOM OZ O oo d.dU1> I O Ow OM O> � OMMMMMMMMMM Ob OIt1NW Oil v- OH O.+.p' P �K OO W I¢NZI IdNOI W W U I Ym. ¢ p61 IL �rz I LLQ IWS I I rlb N 00 O 00 O Pnlfl �i III O e O O W If1 b b O O O O e O Y I nv P o0 O oo O PmIl10 q' O o o O III lIl N N o o O O e o wZI 20 I Mm n 00 O Ob b Pmb M M n n n n P P rl .•I m m U O I III O O o o If1 w 'I NN III w m m N N N N .+ .•I •-I .+ .n �I rl I O I N I n N I .Nr i W r I Q K Y I J J J J J J J J J J J U Q ¢ ¢ Q ¢ 6 ¢ Q 6 Q 6 6 w r r r z r r r r W r d r r r O Z O W O O O IN -I U K P W w P O w 3 W W w Q 6• d' w U w U w w w J Z I O I O O 0.•I O Umnn O 2 0 O O Q O w O O O O O O 00 O >WOO la O O 0 Z O K O O O J.I til I z 'I> Z N N z N Wd•w Z O Z z Z Z w Z Z Z QO r l W oW w W Zdd W 0 W W W W W r1 W W W >N Sd I > NO > UU > r0 > > > > U > > > > O\ WIr I d >> LLHIJ J J H Y d'n rK I no NN r00 J O Z s O dN I+U I NN 0.•I yw00 O Z Q Y ¢ 2 d\ 0. ZZ o rr WOdd w I••i d d 0 QN WI UI UI d1 zZ rZ Y LL 0 LL d W .'I 00 -Comm Q W W O O W Q W I NN 0. UU 3ULLLL d d' O J J w W K I �LL I r0 I bb Om ee w0 PPoo e o n P N O n v�} Il1 IllMM e o e Ill II1 e o ON I I ZQ bb n0 �t �t MMMM .•I O Il1 M ILO N W Il1W N.•I m O M �T Ill N M d x .•I .+ m m .4 .•I mom 'I P .•I III m m .•I N M W MM NN Ill 111 Ill II1M o N tI1 m N .•I N III m Ill M V I r MM Oo NP IIIWOO O O N Il1 III O 2 O I 00 00 rIM 0000 O O r•I O O O o00 00 mW 0000 0 O O (O O O O O 02 I nn oo .+.+ MMoO M Ill + U II I III I I I U .+.+ .� .I I -I .•I M M .I .+ .I .+ .•I N ¢ o0 00 0o ze000 o 0 0 0 0 0 0 z 'I ti rl .a �t �T 01•+.•I 1111/1 .•I .+V .•I .1 .•I .I Z f. C Q a W .I'I ^I rl .I .+ Y. •� .I .I .I .+ .1 .I .•I .I .1 N MOW l OO OO NOe d0000 r0 O O O O O O S \r� MN NN d'NN KNNNN KN N N N N N N J \\ \\ o\\ um, o\\\\ w\ \ \ \ \ \ \ a Unn nn Ynn Unnnn NM n n n n n n a W ZNN NN WNN NNNN WN N N N N N N I U NN CNN d'NN JNNNN N N N N NN N N O I N •••I'I J .••I ^I O'I .1 O .•I �+.+ rl W. .•I rl U .•I �+ W .y Y Wz r 2 N 2 O00 oe Oo dM000 ro O I-lo (Ue Qo Yo o K m Cmm LLOO moo 0000 O O O ZO hl0 JO NO Q U J z 0 LL 0 UI rl U 1-I m U N rl I I Ir O Q W O J 2 m O C Wo Z I W K !:J J r J z Z 0 Q O LL o tr 1 2 •O I K Q Y Q r O N Z 3 J O OIQOZI Q Z W r Q 3 J J Q O LL 1 2 z r r O O O Z Y LD w W Q Q I Owo I . mm rl .•I .n NOP WMMnn WM OM Om Wn QN WM zP 2 UIQwzI omm OMM mn rMMNN rN Ym Um JN rN Jw Jet Q ry I ZS moo Qtirl I••1Om .==.I N e O J'I Z. SO JO m .1 -IWU ONN WNN UNN ZNNNN Z• dN QN QN rIN QN WN Q e QI>M roo roo roo OOOOO mw no >o >O >e 30 3e Y N r 1 O oo oa Oo moo= m e O o 0 0 0 \J21 > NPIW M=I O \MO I W o eP O o e O o e O e O o .2 IN n UI¢I O U JI I Or m � .-I M Ill M J WSLL I OU nmom P M MN �t0 Ill . M Ill P W I zIIwm brit III �? bN bn 0 MITI MOm bJ M b <d' 00. Onn vz. o blf ww. O.•I Ito PP mw Mtn � z •+ �t w Y I O>2 1 MOCTNN mm . ONN OMITmm O.•I brl MP em NO bS b b WOr I Z2 oNN Od• I ONN oI OM. Qm oiC MP mm 0.a Ow 0 � O K d•rl I WI••I o00 oW2 omm 0000'•I Oe of O'N OO Ow OZ Oo •'O ^- ddU oaa 01f161 O �i �1QO ON Om ON ON � ON OQ OM�Ly• J O` O o �z w O W b W w Y o r Q W Z b W - 0 W P W � p� o ¢ rz a a �v � W 2 i v v o o O ob Wz: M M o O v v b xO A P b b w U O v v m If1 0 S N w i O N � r � N W * r * Q * * Y J J J N* U N Q M Q Q W* W W r r r r * x o x o v Om; r U z r CO r o r r N W w w * w r K J O * J Z r O 0 w Oz * w O Q X O O OW. z J w w m J Z N W X 6 e r W x W W x* S > U >W* U > MN wU : U N Q* Q N. W LL 1' Z O O J 1 O r W p• J w O �tl o O 4 Zr b b w u1 in v o x z w in in �n o! r M Ifl N Z O o M OO o O a0 OZ M M U U Vl w 6 (Do O o zw .. v M a r W N Z + w O Q w w Gw� Zm MN e \ rJ N N N UP ¢\ O\ \ W N N Z N x LL \ Z \ w \ U ON CON N w w + z w Y N W Z Z oe o O w o m ¢o UO 0:O v Q i U w W N w i K W Z i W LL r Z O 0: I S •O J U o O Q 0 2 O W LL 2 W J z ! w 0 W W J-C ¢ Q.xw m Do zo U QWZ QM z1[1 w Z x i w O o U0 .-i W U Q N ON N o ¢>> Y O Y O v 0 N r O O O O > � N� 1 s N Mm l O o O o \MO W o O o N i M, w 04 � J W wSLL OU ON b rc Q O Z w v ON P QC DO c dwY-O>Z� bO �flM b W O r I Z2 O O 0.Ww ON OJ O LLOU.> OvOr ••p ^ 021 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: January 3, 2012 BUSINESS SESSION: ITEM TITLE: Acceptance of Drainage and Landscape Improvements for Avenue 50 at Park Avenue and CONSENTCALENDAR: Avenue 48 at Jefferson Street, Project No. 2010-04 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept drainage and landscape improvements for Avenue 50 at Park Avenue and Avenue 48 at Jefferson Street, Project No. 2010-04, as 100% complete; authorize the, City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $27,026, thirty-five (35) days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Project Budget Total $ 383,405 Professional Services and Design Costs Through 11/30/11 ($ 81,956) Total Anticipated Inspection, Testing, Survey, & Plan Costs ($ 25,750) Revised Project Budget Amount Available $ 275,699 Revised Contract Amount ($270,256) Project Budget Amount Remaining After Construction Efforts $ 5,443 Original Construction Contract Amount $ 264,170 Contract Change Orders No. 1 & 2 $ 6,086 New Contract Total $ 270,256 Amount Paid to Contractor to Date ($225,716) Total Remaining Fiscal Commitment to Contractor $ 44,540 Total Retention to be Released ($ 27,026) Contract Amount Remaining to be Billed by Contractor $ 17,514 -..N ; 0 2 2 Adequate funding is available to pay the contractor's remaining billing ($17,514) and retention ($27,026) for project closeout. CHARTER CITY IMPLICATIONS: The project is 100% funded with Redevelopment Agency (RDA) project area funding. As such, the project was bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed drainage improvements on Avenue 50 at Park Avenue were intended to address localized flooding that occurs within the intersection which often blocks the ingress and egress to the Harry S. Truman Elementary and La Quinta Middle Schools. The scope of work considered redirecting the storm water from the intersection to the existing retention basin located behind the Boys and Girls Club or to the existing catch basin on Avenue 50 approximately 400 feet to the west of the intersection (Attachment 1). The proposed improvements at the intersection of Avenue 48 and Jefferson Street were intended to increase the capacity of an existing retention basin adjacent to this intersection and Tract 28601, the Miraflores Housing development (also shown on Attachment 1). This basin; which serves to drain both the development project and Jefferson Street, has proven to be undersized, causing localized flooding. The basin was re -graded to increase capacity by increasing the depth and adjusting the side slopes. On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year 2010/2011 through 2014/2015 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a), and consenting to the use of La Quinta RDA funding for the improvements identified in the CIP. The Avenue 50 at Park Avenue Drainage Improvement and the Avenue 48 at Jefferson Street Drainage improvement projects were included within the adopted CIP and scheduled for funding during Fiscal Year 2010/201 1. On April 20, 2010, the Redevelopment Agency adopted a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a), and consenting to the use of La Quinta RDA funding for the improvements identified in the CIP. The Avenue 50 at Park Avenue Drainage Improvement and the Avenue 48 at Jefferson Street Drainage improvement projects were included within the adopted CIP and scheduled for funding during Fiscal Year 2010/201 1. On August 3, 2010, the City Council approved a Request for Proposal (RFP) to obtain professional engineering services to prepare the PS&E for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and for the Avenue 48 at N 023 Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04. On November 16, 2010, the City Council approved a Professional Services Agreement (PSA) with Dudek, in the amount of $61,380, to prepare the plans, specifications and engineer's estimate (PS&E) for the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04. On June 21, 2011, the City Council approved the plans, specifications, and engineer's estimate (PS&E) of probable construction costs and authorized staff to advertise for bid the Avenue 50 at Park Avenue Drainage Improvements, Project Number 2010-03, and the Avenue 48 at Jefferson Street Drainage and Landscape Improvements, Project Number 2010-04. On June 28, 2011 City Council acted to authorize the Executive Director to execute the Public Works contract in order to acknowledge the Agency's obligation to provide the funding for the drainage and landscape improvements for Avenue 50 at Park Avenue and for Avenue 48 at Jefferson Street, Project No. 2010-04 On July 6, 2011.the La Quinta City Manager awarded a contract in the amount of $264,170 to construct the drainage and landscape improvements for Avenue 50 at Park Avenue and Avenue 48 at Jefferson Street, Project No. 2010-04. On August 15, 2011, a Notice to Proceed was issued with a forty-five (45) working day contract completion time starting August 16, 2011, and ending on October 19, 2011. Contract Change Orders No. 1 & 2 extended the project for a total of thirty-one (31) working days due to utility conflicts and additional coordination with the adjacent schools. The project was deemed substantially complete on December 6, 2011. As per project specifications Section 1500-3.2, no liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued to allow for the lowering of the storm drain pipe and catch basins due to utility conflicts on Park Avenue, and Contract Change Order No. 2 was issued for a Contract Quantity Adjustment between the Bid Quantities and Actual Quantities Installed. 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. 024 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Drainage and Landscape Improvements for Avenue 50 at Park Avenue and Avenue 48 at Jefferson Street, Project No. 2010-04 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $27,026, thirty-five (35) days after the Notice of Completion is recorded; or 2. Do not accept the Drainage and Landscape Improvements for Avenue 50 at Park Avenue and Avenue 48 at Jefferson Street, Project No. 2010-04 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $27,026, thirty-five (35) days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfully submitted, Timot y R. Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: 2John Falconer, Finance Director Attachment: 1. Vicinity Map M.� 0 2 5 ATTACHMENT 1 VICINITY MAP N.;; 026 T-itf 4 4 a" AGENDA CATEGORY: COUNCIURDA MEETING DATE: January 3, 2012 BUSINESS SESSION: ITEM TITLE: Approval to Excuse Commissioner Sharrell CONSENT CALENDAR: 3 Blakeley from the January 9, 2012 Community Services STUDY SESSION: Commission Meeting PUBLIC HEARING: RECOMMENDATION: Approve a request for Commissioner Sharrell Blakeley to be excused from attending the January 9, 2012, Community Services Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all Commissions and, in response, Community Services Commission Commissioner Blakeley has requested of the City Council to be excused from the January 9, 2012 Community Services Commission meeting. The request is being made prior to the meeting, as noted in Attachment 1. ,a 021 FINDINGS AND ALTERNATIVES: THe alternatives available to the City Council include: 1. Approve Commissioner Blakeley's request to be excused from the January 9, 2012, Community Services Commission meeting; or 2. Deny Commissioners Blakeley's request; or 3. Provide staff with alternative direction. Respectfully submitted, W6 Edie Hylton Community Services Director Approved for submission by: k(' a Mark Weiss, Interim City Manager Attachment: 1. Request from Commissioner Blakeley n 028 ATTACHMENT 1 -----Original Message ----- From: Sharrell Blakeley [mailto:sharrellblakeley@me.com] Sent: Tuesday, December 13, 2011 12:31 PM To: Edie Hylton Subject: January Absence Edie, I have been volunteering on a Celebrity Golf Tournament for ChildHelp, an abused children's program in Beaumont. The golf dates are January 9th and 10th and the 9th is the biggest event, with a Silent Auction and Jon Secada entertaining. I'm actually working hard, helping the organizer both days and evenings so it's not hobnobbing with celebrity time. But, I do need to get an excuse from the CSC on Monday, January 9th. Please let me know what I need to do. Nice to see you last evening, as always. :.w 02g o41� Tar 4 4a" � 5 5$ COUNCIURDA MEETING DATE: January 3, 2012 ITEM TITLE: Approval of Second Reading and Adoption of Ordinance No. 495 Approving a Development Agreement No. 201 1-022 by and between the City of La Quinta and VPAH, LLC. RECOMMENDATION AGENDA CATEGORY BUSINESS SESSION: / L CONSENT CALENDAR: "[ STUDY SESSION: PUBLIC HEARING: Adopt Ordinance No. 495 on second reading, and authorize the Interim City Manager to execute the Development Agreement. 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: On December 20, 2011, the City Council moved to take up Ordinance Number 495 on first reading. The City Council further moved to introduce Ordinance No. 495 on first reading. The motion to introduce Ordinance No. 495 carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: .." 030 Adopt Ordinance No. 495 on second reading, and authorize the Interim City Manager to execute the Development Agreement; or 2. Do not adopt Ordinance No. 495 on second reading; or 3. Provide staff with alternative direction. submitted, Veronica J. N}�rStecino, CMC, City Clerk Approved for submission by: Mark Weiss, Interim City Manager ZED wa. ORDINANCE NO. 495 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 201 1-015, 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 8'h 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 hearing 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 •..p 032 Ordinance No. 495 Development Agreement 2011-022 Village Park Animal Hospital- VPAH, LLC Adopted: January _, 2012 Page 2 applicable to the property. The site is zoned Village Commercial, which 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. 4. 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. 5. 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. 6. 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. 7. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 et 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: ,,N. C 3 3 Ordinance No. 495 Development Agreement 2011-022 village Park Animal Hospital- VPAH, LLC Adopted: January , 2012 Page 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 Interim 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 201 1-015. 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 _ day of January 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: •,.11 C 034 Ordinance No. 495 Development Agreement 2011-022 Village Park Animal Hospital- VPAH, LLC Adopted: January _, 2012 Page 4 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California STATE OF CALIFORNIA) COUNTY OF RIVERSIDE 1 § CITY OF LA QUINTA 1 I, 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. 495 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 January, 2012, 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 �.•N.:; 035 Ordinance No. 495 Development Agreement 2011-022 Village Park Animal Hospital- VPAH, LLC Adopted: January , 2012 Page 5 DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on January _, 2012, pursuant to City Council Resolution. VERONICA MONTECINO, City Clerk City of La Quinta, California -.N:-j 036 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND VPAH, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY .rp 037 2465/015610-0125 2303172.6 a]2/28/11 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2012 ("Reference Date"), by and among the CITY OF LA QUINTA, 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 corner 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 "VUP"), 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 W setting forth a per - parking stalls payment for the Developer's payment to the City of certain fees for use in connection with future parking improvements in the Village Commercial zoning district that the parties agree are designed to compensate the City for (A) crediting 13 parking stalls 2 •,.„.; 038 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. G. 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. H. 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. I. 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. J. On January 3, 2012, the City Council adopted its Ordinance No. 495 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 Term. 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. p 039 2465/015610-0125 2303172.6 a12/28/11 -3- 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of February , 2012, which is the date that Ordinance No. 495 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 terminate 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: M 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"); 00 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 Agreement (collectively, "New Laws"), except such New Laws which would prevent or materially impair Developer's ability to develop the Project in accordance with 2465/015610-0125 ^^ n 2303172.6 a12/28/11 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. 041 2465/015610-0125 2303172.6 al2/28n 1 -5- 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 fulfilling 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 "B" 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 "B" 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 Payments 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. 2465/015610-0125 •"�' b 4 2 2303172.6 a] 2/28/11 -6_ 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 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 "F". 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. 043 2465/015610-0125 _ 2303172.6 a12/28/11 _7 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 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 "W, 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. 044 2465/015610-0125 2303172.6 a]2/28/11 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 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 Fee The City hereby agrees that the parking fee paid by Developer will be dedicated for future parking improvements in the Village Commercial zoning district. M.; 045 2465/015610-0125 2303172.6 a12/28/11 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 term 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 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] after 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 2465/015610-0125 _ —10- 046 2303172.6 al2/28/11 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. 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 Mortgagee; 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) 2465/015610-0125 _11_ - p 047 �[ 7 2303172.6a1228/11 `T 1 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 remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 7.0 TRANSFERS OF INTEREST IN 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: 2465/015610-0125 �1'N•r 048 2303172.6 a12/28/11 -12- To City: City of La Quinta PO Box 1504 La Quinta, California 92247 Attn: Planning 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 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 Majeure. 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 2465/015610-0125 _13_ a•N.�:� 0 4 9 2303172.6 al2/28/11 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. 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. ,.N. 050 24651015610-0125 -14- 2303172.6 a12/28/11 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. 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 Carrying 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. ,.p, .. 051 2465/015610-0125 -15- 2303172.6 AM8/11 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. 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 Incorporated; 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. C52 24651015610-0125 2303172.6 a12/28/11 -16- 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 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.] 2568015610.0530,25 -17- 2303172.6 a1228/11 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.] ". C.54 2465/015610-0125 230317/6 al2/28/11 -18- "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city M Mark Weiss Interim City Manager ATTEST: Veronica Montecino City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 055 2465JO15610-0125 2303172.6 a12/28/11 -19- STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) 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 RIVERSIDE ) 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. [SEAL] Notary Public '•" C56 24651015610-0125 _ZQ_ 2303172.6.12/28/11 EXHIBIT "A" TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. C57 2465/015610-0125 -21- 2303172.6 a12/28/11 EXHIBIT "B" TO DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Village Use Permit shall comply with the requirements and standards of the La Quinta Municipal Code ("LQMC"), Village Use Permit VUP 08-042, Right of Way Vacation ROW 2008-016, and Development Agreement DA 11-022. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Village Use Permit approval shall expire on September 27, 2013, two years after its effective date, pursuant to Section 9.200.060 (C) of the Zoning Code, unless extended pursuant to the provisions of Section 9.200.080. 4. It is understood by the Applicant that the Village Animal Hospital has formally requested to enter into a Development Agreement (DA 2011-042) for the purpose of providing compensation via in -lieu fees for the parking shortage associated with this approval. It is also understood that the applicant has requested a vacation of a portion of public right of way (ROW 08-016) in order to accommodate the project. This Village Use Permit shall not be effective unless and until both the Right of Way Vacation and Development Agreement have been approved by the City Council and recorded; the applicant further understands that the City Council may choose to reject entering the Development Agreement or modify its contents. While this approval will not be effective until such time as a Development Agreement may become effective, the time limits associated with approval of VUP 2008-042 shall be in effect with respect to expiration, as stated under Condition #3. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) 2465/015610-0125 -22- " G 8 2303172.6 a12/28/11 • Planning Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency (SunLine) • South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. . 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.1.70 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. R7-2008-0001 and the State Water Resources Control Board's Order No. 2009-0009-DWQ and Order No. 2010- 0014-DWQ. A. For construction activities including clearing, grading or excavation of land, the Permitee may be required to submit a Storm Water Pollution Protection Plan ("SWPPP") to the State Water Resources Control Board if required by the Building Official. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). N 059 2465/015610-0125 2303172.6.12/28/11 -23- 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. G. The inclusion in the Master HOA Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post -construction BMPs as required. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Village Use Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall submit a cash deposit to the City to cover the costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid prior to any review and any remaining deposit will be returned to the Developer. 10. Developer shall submit a cash deposit to the City to cover the costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid prior to any review and any remaining deposit will be returned to the Developer. PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the 2610-0125 _24- ..A.'! `160 230317303fl2b a12/28/11 proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit and execute an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The applicant shall offer for dedication all public street rights -of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 14. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 11 Eisenhower Drive (Primary Arterial, 100' ROW) — No additional right of way is required from the standard 50 feet from the centerline of Eisenhower Drive for a total 100-foot ultimate developed right of way. 2) Avenida Martinez (Local Street, 60' ROW) — No additional right of way dedication is required for the standard 30 feet from the centerline of Avenida Martinez for a total 60-foot ultimate developed right of way. 3) Avenida Montezuma (Modified Local Street (One Way), 80' ROW) — No additional right of way dedication is required for the standard 40 feet from the centerline of Avenida Montezuma for a total 80-foot ultimate developed right of way. 15. When the City Engineer determines that access rights to the proposed street rights - of -way shown on the approved Village Use Permit site plan are necessary prior to the certificate of occupany, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 23031 7 .6ID-0125 -25- /1 (� 1 2303172.E a12/28/11 l: V 1 16. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas shown on the Village Use Permit. 17. Direct vehicular access to Eisenhower Drive, Avenida Montezuma, and Avenida Martinez is restricted, except for those access points identified on the conceptual grading plan of the Village Animal Park for the Village Use Permit, or as otherwise conditioned in these conditions of approval. 18. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 19. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, unless such easement is approved by the City Engineer. 20. This project relies on the vacation of current city right-of-way. Right-of-way vacation is on the northeast corner of Eisenhower Drive and Avenida Montezuma as shown on the Village Animal Park Conceptual Grading Plan. This right-of-way vacation must be completed prior to any additional discretionary City permits. STREET AND TRAFFIC IMPROVEMENTS 21. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design — Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets. 22. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 23. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 11 Eisenhower Drive (Primary Arterial, 100' ROW): No additional right of way is required from the standard 50 feet from the centerline of Eisenhower Drive for a total 100-foot ultimate developed right of way. Additionally, the developer shall dedicate sufficient right of way for the construction of a future traffic signal at the intersection of Eisenhower Drive and 2465/015610-0125 2303172.6.12/28/11 -26- ^ M V62 Avenida Montezuma. The City will design a preliminary traffic signal layout that may require a portion of the Right -Of -Way that is requested to be vacated. Other required improvements in the Eisenhower Drive right-of- way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, signs, sidewalk, installing curb ramps, and removing curb ramps 2) Avenida Montezuma (Modified Local Street (One Way), 80' ROW): No additional right of way dedication is required for the standard 40 feet from the centerline of Avenida Montezuma for a total 80-foot ultimate developed right of way. Additionally, the developer shall dedicate sufficient right of way for the construction of a future traffic signal at the intersection of Eisenhower Drive and Avenida Montezuma. The City will design a preliminary traffic signal layout that may require a portion of the Right -Of -Way that is requested to be vacated. Other required improvements in the Avenida Montezuma right- of-way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, signs, sidewalk, catch basin, driveways, installing curb ramps, and removing curb ramps 3) Avenida Martinez (Local Street, 60' ROW): No additional widening on the south side of the street along all frontage adjacent to the Village Use Permit boundary is required as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. Other required improvements in the Avenida Martinez right-of- way and/or adjacent landscape setback area include: a. All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, signs, sidewalk, catch basin, driveways, installing curb ramps, and removing curb ramps 2465/015610-0125 _27_ •. N O (� 2303172.6 a]2/28/11 v The applicant shall extend improvements beyond the project boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 24. General access points and turning movements of traffic are limited to the proposed access driveways on Avenida Montezuma and Avenida Martinez. Right turn in and right turn out movements are permitted on Avenida Montezuma. All turn movements are permitted on Avenida Martinez. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 16 feet with access drive aisles to Public Streets a minimum of 20 feet as shown on the Village Use Permit site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 26. The applicant shall design pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: 2465/015610-0125 /� C A 2303172.6 a12Y28/1 1 -28- - '.p ,• 1 C V 4 Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 29. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 30. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Rough Grading Plan (Optional) B. C. D. 2465/015610-0125 2303172.6 al2/28/11 1" = 40' Horizontal Precise Grading Plan (Commercial Development) 1 " = 20' Horizontal The Precise Grading plan shall include: Storm Drain/Underground Retention. On -Site Sewer and Water Plan PM10 Plan -29- 1 " = 30' Horizontal 1" = 40' Horizontal N,.j 065 E. WQMP (Plan submitted in Report Form) F. Off -Site Street Improvement/Storm Drain Plan/ Sidewalk 1" = 40' Horizontal, 1" = 4' Vertical G. Off -Site Signing & Striping Plan 1" = 40' Horizontal The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: A through G to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. Precise grading plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, sidewalks, building floor elevations, wall elevations, parking lot improvements, ADA requirements, stop signs, limit lines, and legends, no parking signs, raised pavement markers, and street name signs per Public Works Standard Plans and/or as approved by the Engineering Department. "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the current California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. 2465/015610-0125 r, l�,� C66 2303172.6 a]228/11 -30- - 31. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la- quinta.orq). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 32. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 33. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 34. Prior to constructing any off -site improvements, the developer shall deposit securities in accordance with Engineering Bulletin 09-02 or as approved by the City Engineer. 35. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements. 36. Depending on the timing of the development of this Village Use Permit, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this entitlement. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. 2465/015610-0125 '.M.J is 7 2303172.6 a]2/28/11 —31— �/ 1 In the event that any of the improvements required for this development are constructed by the City, the applicant shall reimburse the City for the costs of such improvements. 37. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 40. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical ("soils") report prepared by an engineer registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls), and E. WQMP prepared by an engineer registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 2465/0156IM125 ',•M a 6 2303172.6 a12/28/11 -32- .' 41. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which ' shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (61 of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches 0.5") in the first eighteen inches 08") behind the curb. 43. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 44. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 45. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 46. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 47. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant 2465/01561"125 23031716 a12/28/11 -33- .. n,,. 069 provides site specific data indicating otherwise and as approved by the City Engineer. 48. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 49. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 50. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 51. The applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. 117-2008-001. A. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. B. The applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2008-001 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. I ITII ITIFS 52. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 2465/015610-012s -34- '�'� . 1 070 2303172.6 al2/28/11 53. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 54. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. CONSTRUCTION 55. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If parking construction in commercial development is initially constructed with partial pavement thickness, the applicant shall complete the final pavement prior to final inspections of the building(s) within the development or when directed by the City, whichever comes first. 56. A smooth finish for the building shall be used rather than sand finish SCREENING AND OUTDOOR LIGHTING 57. All rooftop mechanical equipment shall be completely screened from view. Utility transformers and other ground mounted mechanical equipment shall be fully screened by screening walls or landscaping, and painted to match the adjacent buildings. 58. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor or bulb refractor if deemed necessary by staff, and shall be turned off or reduced to a level deemed appropriate during night time hours by the Planning Director. LANDSCAPE AND IRRIGATION 59. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), and 8.13 (Water Efficient Landscape). 60. The applicant shall provide landscaping in the required setbacks, retention basins, common lots, park areas, and perimeter areas. 61. Landscape and irrigation plans for landscaped lots, perimeter areas, setbacks, and retention basins shall be signed and stamped by a licensed landscape architect. 2465/015610-0125 2303172.6 a]2/28/11 -35- •� h .1 O 71 62. The applicant shall submit final landscape plans for review, processing and approval to the Planning Department, in accordance with the Final Landscape Plan (FLP) application process. Planning Director approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to re -submittal for signature by the Planning Director. Final plans shall include all landscaping associated with this project. NOTE: Plans are not approved for construction until signed by the Planning Director and/or the City Engineer. 63. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 64. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets" latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 65. Final field inspection of all landscaping materials, including all vegetation, hardscape and irrigation systems is required by the Planning Department prior to final project sign -off by the Planning Department. Prior to any field inspection, written verification by the project's landscape architect of record stating that all vegetation, hardscape and irrigation systems have been installed in accordance with the approved final landscape plans shall be submitted to the Planning Department. 66. The size of the trees in the parking lot shall be increased to 36- from 24-inch (minimum diameter calipers) boxes in the landscaping area. 67. Add additional dog relief area into the landscaping someplace for waiting animal patients. 68. The landscaping plan shall replace Fruitless Olive trees with Palo Verde trees. MAINTENANCE 69. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 2465/0156100125 �•N..i 072 2303172.6 a]2/28/11 -36- 70. The applicant shall make provisions for the continuous and perpetual maintenance of perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 71. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 72. Applicant shall pay the fees as required by the Desert Sands Unified School District, as in effect at the time requests for building permits are submitted. FIRE DEPARTMENT 73. Approved accessible on -site super fire hydrants shall be located not to exceed 400 feet apart in any direction. Any portion of the facility or of an exterior wall of the first story of the building shall not be located more than 150 feet from fire apparatus access roads as measured by an approved route around the complex, exterior of the facility or building. 74. All Fire Department Appliances such as, FDCs and PIVs shall be located on the front access side of the building. PIV and FDC appliances shall not less than 40' from the building and within 50' of an approved roadway and no more than 200' from an approved hydrant. 75. Install a complete commercial fire sprinkler system (per NFPA 13). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. l 76. Install a portable fire extinguisher, with a minimum rating of 2A-1OBC, for every 3,000 sq. ft. and/or 75 feet of travel 'distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 77. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. Required order forms and installation standards may be obtained at the Fire Department. 78. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, 2465/015610-0125 _ 07'3 2303172.6 a12/28/11 -3 T letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 79. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads, along with current permit fees, to the Fire Department for review and approval prior to installation. 80. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in 2010 CBC. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 81. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2010 California Building Code. 82. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. 83. Fire Alarm Control Panel room doors if applicable shall be posted "FACP" on outside of door. 84. Fire Riser Sprinkler room doors if applicable shall be posted "Fire Riser" on outside of door. 85. Roof Access room door if applicable shall be posted "Roof Access" on outside of door. 86. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. 87. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff, 2010 CIVIC. 88. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. 06-05 (located at www.rvcfire.org) 89. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 24651015610-0125 -38- •„O 074 2303172.6 al2/28/11 EXHIBIT "C" TO DEVELOPMENT AGREEMENT DEED RESTRICTION See Attached 1. 2465/015610-0125 -, p. 075 2303172.6 al2/28/11 -39- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103) DEED RESTRICTION 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. 1. Purpose: Declarant owns the 0,35 acre parcel of real property ("Site") located at the northeast corner 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 approved 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 2012 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 2465/015610-0125 _40- ',.N O I 6 2303172.6 a12/28/11 parking 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 Payment and Credit of Parking Stalls. In connection with the Project, the City has credited the Declarant with 13 parkingstalls, 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 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. 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 2465/015610-0125 -41- •, o i 7 23031716 al2/28/11 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 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. Term; 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. Counterparts. 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 -42- .. 11 2303172.6 al2/28/11 ., 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 M Its: By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city By: Mark Weiss, Interim City Manager ATTEST: Veronica Montecino City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson, City Attorney 2465/015610-0125 0 43-. N (� 7 ,+ 2303172.6 a12/28111 - STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) 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 RIVERSIDE ) 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. [SEAL] Notary Public 2465/015610-0125 080 2303172.6 a] 2/28/11 -44- EXHIBIT "A" TO DEED RESTRICTION LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. 2465/015610-0125 - 'rp . 081 2303172.6 a12/28/11 -45- EXHIBIT "D" TO DEVELOPMENT AGREEMENT COMPLIANCE CERTIFICATE See Attached 230317 2.6 a 2/26511 -46- '"N • 082 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: 1. 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; 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 '.•N. 083 2303172.6 aw2sn 1 -47- SCHEDULE 1 TO COMPLIANCE CERTIFICATE CONDITIONS OF APPROVAL ATTACHED IS 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. .p 26I0-0126 ' , - 084 23031703172.E al2/28/11 -48- EXHIBIT "E" TO DEVELOPMENT AGREEMENT GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT See Attached 2465/015610-0125 _49_ 085 2303172.6 a12/28/11 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1 504 La Quinta, CA 92247 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt 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 I ("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 2012 (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")]. E. In accordance with Section 7.1 of the Development 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 2465/015610-0125 Q(� 2303172.6 a12/28/11 -50- •,p r - O V V accept such assignment on, and subject to, the terms and conditions set forth 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: Agreement 1. Assignment. 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 further 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. Interpretation. 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. 8. Counterparts. 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 2465/015610-0125 �} 2303172.6 a12/28/I1 -51- 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 M Its: 0 Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 2465M5610-0125 52 2303172.6 a12/28/11 STATE OF CALIFORNIA ) ss COUNTY OF 1 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 1 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. [SEAL] Notary Public 2465/015610-0125 N r 089 2303172.6 al2/28/11 -53- EXHIBIT "A" TO ASSIGNMENT AND ASSUMPTION AGREEMENT LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. 2465/015610-0125 . » - 090 2303172.6 a12/28/11 -54- EXHIBIT "B" TO ASSIGNMENT AND ASSUMPTION AGREEMENT DESIGNATED SITE Ito be attached prior to execution of this agreement► p 091 55 EXHIBIT "I'" TO DEVELOPMENT AGREEMENT PARKING EASEMENT AGREEMENT See Attached N 092 56 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta PO Box 1504 La Quinta, CA 92247 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 Agreement") is made as of this _ day of 2012 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 "A" 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: 9.0 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 parking spaces on an "as available" basis ("Parking Use") 57 p " '093 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. 10.0 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. 11.0 Indemnity. 11.1 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. 11.2 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. 11.3 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. 12.0 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. 13.0 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. 58 �.�1j, 094 14.0 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 PO Box 1504 La Quinta, California 92247 Attn: Planning 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 15.0 Governing Laws. This Easement Agreement shall be construed in accordance with the laws of the State of California. 16.0 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. 17.0 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. 18.0 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. 19.0 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 provision of this Easement Agreement, whether or not any reference 59 M., 095 to this Easement Agreement is contained in the instrument by which such person or entity acquired such interest. 20.0 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. 21.0 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 By: Mark Weiss, Interim City Manager ATTEST: Veronica Montecino, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson, City Attorney 60 p . 096 State of California ) County of Riverside ) On before me, (insert name 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 names) 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 State of California ) County of Riverside ) (Seal) On before me, (insert name 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) 61 097 EXHIBIT "A" TO PARKING EASEMENT AGREEMENT LEGAL DESCRIPTION OF SITE LOTS 9, 10, 11 AND 12, BLOCK 128 SANTA CARMELITA AT VALE LA QUINTA NO. 14, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN MAP BOOK 18, PAGE 82 OF MAPS IN OFFICIAL RECORDS. 62 "� 098 Tw�p 4 4 a" COUNCIL/RDA MEETING DATE: January 3, 2012 ITEM TITLE: Adoption of a Resolution Approving a Street Closure Permit for the Annual Greater Coachella Valley Soap Box Derby to be Held on March 24, 2012 on Avenida Bermudas RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: J STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the Annual Greater Coachella Valley Soap Box Derby on March 24, 2012. FISCAL IMPLICATIONS: Funds were included in the Fiscal Year 201 1 /2012 budget for this event. The amount of $2,800 was budgeted for the Soap Box Derby operating materials in the Public Works Department Account No. 101-7003-431.56-52. The amount of $1,800 was budgeted for the Soap Box Derby Franchise Fees in the Community Services Department Account No. 101-3001-451.80-24. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On October 19, 2011, representatives of the Greater Coachella Valley Soap Box Derby applied for a temporary use permit to hold their annual event on Saturday, March 24, 2012, between the hours of 5:00 a.m. and 7:00 p.m. The Planning Department will issue Temporary Use Permit 2011-1071 after they receive comments from potentially affected agencies. 4' 099 The proposed race route is identical to the route used in previous years and requires the closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and closure of the side streets to the west that connect to Avenida Navarro, which include: Calle Arroba, Calle Colima, Calle Monterey, Calle Chihuahua, and Calle Nogales. These streets closures only occur from 5 a.m. to 7 p.m. the day of the race. The vicinity map for this event is shown in Attachment 1. Temporary street closures are allowed if the City Council adopts a street closure resolution pursuant to Municipal Code Section 12.32.010. If the resolution is adopted, the Public Works Department will issue an encroachment permit pursuant to Municipal Code Section 14.16 that requires implementing traffic safety measures including traffic control signs, barricades, and other safety measures. The temporary street closure will have minimal impacts on the surrounding area because other streets adjoining the site are available to provide access to the surrounding residential properties. The affected property owners will be notified of the upcoming event pursuant to the conditions of Temporary Use Permit 2011-1071. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community because specific conditions will be imposed as a part of Temporary Use Permit 2011-1071. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Greater Coachella Valley Soap Box Derby on March 24, 2012; or 2. Do not adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Greater Coachella Valley Soap Box Derby on March 24, 2012; or 3. Provide staff with alternative direction. " 100 Respectfully submitted, thy R na n, P.E. Public Wo s Director/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1. Soap Box Derby Vicinity Map RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO ALLOW THE TEMPORARY CLOSURE OF AVENIDA BERMUDAS BETWEEN CALLE ARROBA AND CALLE NOGALES, AND THE SIDE STREETS TO THE WEST THAT CONNECT TO AVENIDA NAVARRO, ON MARCH 24, 2012, FROM 5:00 A.M. TO 7:00 P.M. FOR THE GREATER COACHELLA VALLEY SOAP BOX DERBY WHEREAS, the Greater Coachella Valley Soap Box Derby has applied for City Council approval to close Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for their special outdoor event to be held March 24, 2012' and WHEREAS, the City Council on the 3" day of January, 2012, reviewed this request to temporarily close Avenida Bermudas between Calle Arroba and Calle Nogales and those interconnecting streets to the west between the hours of 5:00 a.m. and 7:00 p.m.; and WHEREAS, the City Council finds the following facts and reasons to justify approval of said temporary street closure: 1. The temporary street closure is allowed based on Chapter 12.32.080 (D) of the Municipal Code which permits the City Council, by Resolution, to designate "temporary no parking" areas by placing signs adjacent to the street curb. The posting of "no parking" signs and installation of traffic barricades in all areas necessary to ensure traffic safety shall be completed as required by the Public Works Encroachment Permit. 2. The temporary street closure will have minor impacts on the area because other streets adjoining the site are available to provide access to the immediate neighbors surrounding the race event. The affected property owners will be notified of the upcoming event as required by Temporary Use Permit 2011-1071. 3. The City can grant an encroachment permit to allow activities on public streets for specific periods if legitimate reasons are found to allow the closure and safety standards (Chapter 12.16 of the Municipal Code, Traffic - Control Devices) are provided, such as traffic barricades and "no parking" signs to ensure that the public is not "at risk" while attending the special event. �` 102 Resolution No. 2012- Greater Coachella Valley Soap Box Derby Adopted: January 3, 2012 Page 2 4. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community at the various events because specific conditions will be imposed and shall be met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. That the above citations are true and correct and constitute the findings and requirements of the City Council in this case. Section 2. The City Council approves the closure of portions of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro (Attachment 1), from 5:00 a.m. to 7:00 p.m. subject to conditions imposed by the Public Works and Planning Departments. Section 3. The City Engineer, or his designee, will issue an Encroachment Permit (Chapter 14.16 of the Municipal Code) to the Greater Coachella Valley Soap Box Derby regulating the closure of the streets provided certain traffic control standards and the Conditions of Approval for Temporary Use Permit 2011-1071 are met. Section 4. "No parking" signs will be posted (Chapters 12.16 and 12.32 of the Municipal Code) as required by the Public Works Director, a minimum of 24- hours prior to the event. The Riverside County Sheriff's Department will tow any unauthorized vehicle within this area at the time of the event. Section 5. In case of bad weather, the City Manager is authorized to reschedule the street closure provided all conditions of approval under Temporary Use Permit 201 1-1071 are met. Section 6. The Greater Coachella Valley Soap Box Derby personnel shall obtain an Encroachment Permit from the Public Works Department, including a traffic control plan, prior to closing the streets, and make arrangements to install all traffic safety signs and barricades prior to the closure of said streets.. Section 7. A condition of Temporary Use Permit 2011-1071 shall be to have Riverside County Sheriff's Department personnel on hand to assist the applicant with on -site security and provide traffic control measures needed to carry out the street closure permit. Section 8. The City Council authorizes City staff or other assigned safety personnel to close the event if at any time all safety standards are not being met, and thus could jeopardize those persons attending the function; and " 103 Resolution No. 2012- Greater Coachella Valley Soap Box Derby Adopted: January 3, 2012 Page 3 Section 9. The City Clerk shall cause this Resolution to be posted after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3rd day of January 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California ".. 104 ATTACHMENT 1 SOAP BOX DERBY STREET CLOSURE (n VICINITY MAP NOT TO SCALE 105 Tit(t 4 4 Quif & COUNCILIRDA MEETING DATE: January 3, 2012 ITEM TITLE: Consideration of Filling a Vacancy on the City Council by Appointment RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: I CONSENT CALENDAR: STUDY.SESSION: PUBLIC HEARING: Conduct interviews of the City Council applicants and consider the selection of one appointee to fill the unexpired vacant term on the City Council. FISCAL IMPLICATIONS: None. If the City Council does not fill the City Council vacancy by appointment, the City will be required to set a special election. The estimated cost of a special election ranges from $54,000 to $72,000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Council Member Sniff passed away on November 29, 2011, leaving a vacancy on the City Council. Council Member Sniff's term of office is up for election at the November 6, 2012, General Municipal Election. Government Code Section 36512(b) requires that once a vacancy occurs on the City Council, "the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy." Because the 60`h day falls on a Saturday, the City Attorney advises that the Council should consider Friday, January 27, 2012 as the deadline to take action on this matter. .a 106 At the December 6, 2011 meeting, the City Council indicated that due to the cost of holding a special election and short duration of the unexpired term, it wished to fill the vacancy by an appointment, if possible. It directed staff to advertise that the City would be accepting applications and would conduct the interviews on January 3, 2012. Consistent with the process the City Council followed when it filled the vacancy created by Tom Kirk's resignation; the Council indicated that candidates must submit nominating petitions with their applications containing at least 25 qualifying signatures in support of the candidate's appointment. The City Clerk assumed from the Council direction that the nominating petitions would be governed by the nomination process established in California Elections Code Section 10220, with the exception of the number of verified signatures being 25 (the number specified by Council) instead of 20 (the number specified in the Election Code). Section 10220 governs the nominating petition process for city council candidates to qualify for the ballot. That was also the process that the Council followed when it filled the vacancy created by Tom Kirk's resignation. By law, applicants must be residents and registered voters in the City of La Quinta, and under Code Section 10220, no voter may sign more than one application. In the event a voter does sign more than one petition, that voter's signature shall count only on the first petition filed which contains the voter's signature. Petitions subsequently filed containing that voter's signature shall be considered as though that signature does not appear thereon. The City Clerk Department published a notice for applications in The Desert Sun on December 10 and 14, 2011. The application forms contained the format for the nominating petitions, and expressly warned that a person could not sign more than one nominating petition. A copy of the application is Attachment 1. A total of 17 applications were filed in the City Clerk Department by the deadline of December 21, 2011 at 5:00 p.m. All nominating petitions were forwarded to the Riverside County Registrar of Voters' office for verification and staff has reviewed all signature petitions for duplicate signers. Staff has utilized the Radomized Alphabet Drawing conducted by Secretary of State Debra Bowen on August 18, 2011 (Attachment 2) to determine the order candidates' names will be listed for interviews. All applications are attached for the City Council's review and consideration (Attachment 3), including those that did not qualify (Attachment 4). 107 The following is a list of qualified applicants whose nominating petitions met the requirements of Election Code Section 10220: SIGNATURES VERIFIED BY APPLICANT DATE FILED REGISTRAR OF VOTERS Lee Osborne 12/20/2011 12/20/2011 Joe Olsen 12/21/2011 12/22/2011 James Cox 12/21/2011 12/20/2011 Spencer Callister 12/21/2011 12/22/201 1 Judy Hoffman 12/19/2011 12/20/2011 Robert Sylk 12/15/2011 12/16/2011 Ed Alderson 12/19/2011 12/20/2011 Nelda Esmeralda 12/19/2011 12/20/2011 Robert Radi 12/21/2011 12/22/201 1 Joe Maldonado 12/20/2011 12/21/2011 Richard Divine 12/21/2011 12/21/2011 John Pena 12/20/2011 12/21/2011 The following is a list of applicants that did not follow the instructions on the application or are otherwise disqualified: APPLICANT DATE FILED DISQUALIFICATION Mitch Blumberg 12/21/2011 Not a registered voter in La Quinta; registered in Indian Wells Brian Hanrahan 12/21/2011 21 signatures verified Lawrence Ponce 12/21/2011 20 signatures verified Sherrell Sutherland 12/21/2011 Not a registered voter Robert Wilkinson 12/20/2011 24 signatures verified An appointment to the vacancy requires the majority of the quorum to take action. Thus, assuming all four members of the City Council are present, three votes to appoint a candidate are required. Mr. Wilkinson has contested the City Clerk's disqualification of his nomination petition. Mr. Wilkinson's nomination petition contained 30 signatures. However, six of the signatures were duplicates, and two of the signatures were not qualified by the County Registrar. Mr. Wilkinson was credited with two of the six duplicate signatures based upon the timing of the filing of his application. However, the other four duplicate signatures, including Mr. Wilkinson's own signature, were not counted because those four persons (including Mr. Wilkinson) had signed Mr. Osborne's who had filed his nomination petition prior to Mr. Wilkinson. In light of the four duplicate signatures and the two non -qualifying signatures, Mr. Wilkinson only had 24 signatures, one signature short of the required 25 signatures. - Unfortunately, before the City Clerk realized the duplications in the signatures, the City Clerk notified Mr. Wilkinson that his signatures had been verified by the County Registrar. The notification did not indicate whether or not there were duplicate signatures. After issuing the notice to Mr. Wilkinson, the City Clerk cross- referenced all the signatures discovered the duplication. Pursuant to both Section 10220 and the express instructions on the application form, duplicate signatures are not permitted. Specifically, the application warned applicants in bold type as follows: "Voters are eligible to sign for one applicant only." Mr. Wilkinson claims he was misled by the City Clerk's notification. He states that if he had been told about the duplication of signatures, he would have submitted additional signatures. However, he had submitted the maximum number of signatures permitted by the form (30). Technically, Section 10220 does not apply in this situation since the City is dealing with an appointment rather than an election. Therefore, the City Clerk's prohibition on duplicate signatures is not legally mandated. The Council could waive the requirement if the City Council so desires. However, the prohibition on duplicate signatures was an express requirement of the application form. The applicants who followed the instructions on the form may feel that it is unfair to waive the prohibition on duplicate signatures. The City Clerk and the City Attorney have notified Mr. Wilkinson that he would be able to present his arguments as to why he should be considered as an applicant at the January 3, 2012 Council meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Conduct interviews of the City Council applicants and consider the selection of one appointee to fill the unexpired vacant term on the City Council.; or 2. Set a special City Council meeting to further consider the applicants if no decision is reached as to an appointment to fill the unexpired vacant term on the City Council; or 3. Direct staff to prepare the resolutions necessary for the setting of a special election for consideration at the January 17, 2012 City Council meeting; or 4. Provide staff with alternative direction. submitted, Veronica J. City Clerk,, Attachments: 1 2 3. 0 no, CIVIC Approved for submission by: Mark Weiss, Interim City Manager City Council Application Form Memo from Secretary of State Debra Bowen dated August 18, 2011 City Council Applications eligible to be considered for appointment. City Council Applications not eligible to be considered for appointment. L�T a. 41 5 Qum& c+"M OF Ttiti °w MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk-,/yl` VIA: Mark Weiss, Interim City Manager Oh DATE: January 3, 2012 SUBJECT: Business Session 1 Update — Consideration of Filling a Vacancy on the City Council by Appointment An email has been received from Sherrell Sutherland withdrawing her name from the list of eligible applicants to be considered for appointment (attached). Veronica Montecino From: Sherrell Sutherland <SSutherland@chp.ca.gov> Sent: Thursday, December 29, 2011 5:14 PM To: Veronica Montecino Subject: City Council application Veronica - After much consideration I have decided to withdraw my application from the La Quinta City Council. Although it is definitely something I'd like to pursue, I feel I should wait until I retire so I can fully commit to the duties and requirements of the position. Thank you for all of your help and I am sorry that I put you through so much work verifying my application. Sincerely, Sherrell Sutherland 77865 Grey Wolf Trail La Quinta, CA 92253 (760)771-9843 -.4 112 JANUARY 3, 2012 BUSINESS SESSION 1 CONSIDERATION OF FILLING A VACANCY ON THE CITY COUNCIL BY APPOINTMENT The following is a list of qualified applicants whose nominating petitions met the requirements of Election Code Section 10220: SIGNATURES VERIFIED BY APPLICANT DATE FILED REGISTRAR OF VOTERS Lee Osborne 12/20/2011 12/20/2011 Joe Olsen 12/21 /201 1 12/22/201 1 James Cox 12/21 /201 1 12/20/2011 Spencer Callister 12/21 /201 1 12/22/201 1 Judy Hoffman 12/19/2011 12/20/2011 Robert Sylk 12/15/2011 12/16/201 1 Sheffell SUtheFland 12/21Q011 12f29/2011 Withdrew Ed Alderson 12/19/2011 12/20/2011 Nelda-€srneralda 12/19/2011 1212W201 r Withdrew Robert Radi 12/21 /201 1 12/22/201 1 Joe Maldonado 12/20/2011 12/21 /201 1 Richard Divine 12/21 /201 1 12/21 /201 1 John Pena 12/20/2011 12/21 /201 1 The following is a list of applicants that did not follow the instructions on the application or are otherwise disqualified: APPLICANT DATE FILED DISQUALIFICATION Mitch Blumberg 12/21 /201 1 Not a registered voter in La Quinta; registered in Indian Wells Brian Hanrahan 12/21 /201 1 21 signatures verified Lawrence Ponce 12/21 /201 1 20 signatures verified Robert Wilkinson 12/20/2011 24 signatures verified p 113 L/ Q a- °4 tI Qum& ��`c oti5w OF Tt� MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Veronica J. Montecino, CMC, City Clerk 6" i VIA: Mark Weiss, Interim City Manager DATE: December 29, 2011 SUBJECT: Business Session 1 Update - Consideration of Filling a Vacancy on the City Council by Appointment ➢ The Riverside County Registrar of Voters has notified staff that Sherrell Sutherland's name was misspelled in their records when notifying staff she was not a registered voter in the City of La Quinta. The Registrar of Voters has corrected their records and provided confirmation of Sherrell Sutherland's registration along with a total of 25 verified signatures of support. Sherrell Sutherland's application is eligible to be considered for appointment to the vacancy and be listed among the eligible applicants after Robert Sylk. A revised list is attached for your reference (Attachment 1). ➢ A letter has been received from Nelda Esmeralda withdrawing her name from the list of eligible applicants to be considered for appointment (Attachment 2). .N 114 ATTACHMENT 1 JANUARY 3, 2012 BUSINESS SESSION 1 CONSIDERATION OF FILLING A VACANCY ON THE CITY COUNCIL BY APPOINTMENT The following is a list of qualified applicants whose nominating petitions met the requirements of Election Code Section 10220: SIGNATURES VERIFIED BY APPLICANT DATE FILED REGISTRAR OF VOTERS Lee Osborne 12/20/2011 12/20/2011 Joe Olsen 12/21 /201 1 12/22/2011 James Cox 12/21 /201 1 12/20/2011 Spencer Callister 12/21 /2011 12/22/201 1 Judy Hoffman 12/19/2011 12/20/2011 Robert Sylk 12/15/2011 12/16/2011 Sherrell Sutherland 12/21 /201 1 12/29/201 1 Ed Alderson 12/19/2011 12/20/2011 Nelda Esmeralda 12/19/2011 12/20/2011 Robert Radi 12/21 /201 1 12/22/201 1 Joe Maldonado 12/20/2011 12/21 /201 1 Richard Divine 12/21 /201 1 12/21 /201 1 John Pena 12/20/2011 12/21 /201 1 The following is a list of applicants that did not follow the instructions on the application or are otherwise disqualified: APPLICANT DATE FILED DISQUALIFICATION Mitch Blumberg 12/21/2011 Not a registered voter in La Quinta; registered in Indian Wells Brian Hanrahan 12/21 /201 1 21 signatures verified Lawrence Ponce 12/21 /2011 20 signatures verified Robert Wilkinson 12/20/2011 24 signatures verified " 11 " 116 12/2Y/2011 THU 11:53 PAX 760 777 7107 La Quinta City Clerk MOD21004 THANK YOU FOR YOUR WILLINGNESS To SERVE YOUR LOCAL GOVERNMENT SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quinta, hereby nominate 50CRACLIL- !0Tt4efAAIjo for the' office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. NAME RESIDENCE ADDRESS !FOR OFFICE USE LCl INO. & STREET -7 7V f, 5, ��ey wplrnz I'PRINT -(a k CITY .... ...... - LA 01'.Aft- ZIP IF Z 7 373 ;SIGN 2 NO. & STREET (a. 'PRIM �CI7V ZIP ? w SIGN 3 ; ......... . .. Er F A I nA,6A :Cjry Lk ZIP Qwu .3 H(IN 4 .. .. ........ --- -------- !MiNT 9, ;NO &STRErT ------- - A 'CITY d53 ZIP PRINT I � !NO.&STREET CITY zlp(� !LrA A SIGN 6 ---- -- ...... !PRINT NOA STREET 5) - ) o c4DV, _tdt :CITY M * - L_.A IWO 6a z zz,�� I ...... SIGN 7 I - INO.& STIE'T5 L -to, PRINT P ;CITY ZIP :SIGN 8 PR�hiiT IN ------ 0. & STREET �7_777777 1161 10/7rf. CITY, 722k3, i 9 SIGN 1 111O.&STREET -78c�So _-�KytWLb Ay 1 !PRINT _11-1-- i C:440.17*111E�fL pe—e—nu - - --- .... ..... .. ....... .... ........ CITY I GA 0 L� % N-,-A 71P -5m !SIGN 10 4e INO.&T 0 i(CITY ZI a- P K ia4" Pr :SIGN 121 !NO. & STREIE� --- INT t) At. Y 14. 6,l 1 4-Z --- eA ZIP !SIGN 13; 'NO .& STREET41;,4,,7 PA�.a 1(+-V -4AICG. GIllvdci C"Y 4w 9 %,%0 WON 14' ;PR INT IINO,117;:E CITY IS" ;NO. &!I.RjAE -4PRINT -m- Ct 10 "P SIGN INO. &STREET .... . .. .... ...... . .. ....... __j 117 1Z/ZY/2U11 THU 11!54 PAX 760 777 7107 La Ouinta City Clerk 2003/004 ,NO, OF VALID SIGNATURES 12/29/2011 THU 11:55 FAX 760 777 7107 La Quinta City Clerk Q004/004 7 (CITY (CITY ZIP 18i ,PRINT 'Fq 100-aOTRI12T ,7/1. Z� 1-14 ,F ... ....... ... ... -­­ --- ------ ;rvf40,v 4 &0,f_st7 !CITY ir 1A 6)vpn(I­- 5 SION NO. & STREET . CITY ZPd ZA- 20 !!!ON PRINI'.�C !NO. & STREET ZIP LA in. vz' SIGN 21'kC4 1 � 1. . ­ 11.1 1.... PRINTVim. NOS STREET ­­­ _1­1­1 ­ ......57 V11-43 (tir CITY ZIP S­3 SIGN 22I 1 1NO. & STREET �PRINT, :CITY ZIP i MAG c'n CA 9 ss; 23!SIG N L �-�INO. &STREET,. CITY ZIP ISION 24i 1110 &STREET ,PRINT ZIP :SIGN r 1NO.&STRE_ET251 . YIjo !CT� ZP '7 26 1S'G-N-- !NO.&STREET ... .... ,:PRINT 27! SIGN MO. & STREET Ji .... .. .. . 'CITY ZIP SIGN 28!---. . .. ..... ....... INOASTREET . ..... .. ;PRINT . ..... .. ...... ............ . . ........ ....... 'CITY ZIP !SIGN 291 ... NO. & STREET PRINT ' ;CITY 2iP SIGN 30 ­_ !NO. &STREET I !PRINT ZIP pOFFICE USE ONLY .'NO. OF VALID SIGNATURES 119 RECEIVED ATTACHMENT 2 2011 DEC 29 AM 1126 Nei.da Esmeral,cla CITY OF LA CUIPJ to 52-404 Avem'Wa R.ub%o �.a 62)Aiwta, oa.92ass CITY CLERK'S OFFICE�-�64 921$ December 29, 2011 To Whom It May Concern: I respectfully withdraw my name and application for the vacancy as a prospective member of the La Quinta City Council. Days after submitting my application and support signatures I was diagnosed with a health concern requiring surgery scheduled for Friday, December 30. I was very excited about the possibility and would love to crawl in for the interview on January 3, but my better judgment tells me that this is not the time. Once recovered, I plan to seek opportunities in serving the City of La Quinta in committee or commission task forces. I wish the council the best in the appointment and the difficult decisions they are faced with in keeping City of La Quinta the best it can possibly be. Sincerely, Nelda Esmeralda "•" 12 0 ATTACHMENT 1 APPLICATION FOR CITY COUNCIL GENERAL INFORMATION The City Council of the City of La Quinta is comprised of five members that are elected at large. Due to a vacancy of an unexpired term, the City of La Quinta is accepting applications for consideration of appointment to the vacancy on the City Council. Those interested in applying must be a resident of the City of La Quinta a registered voter and at least 18 years of age. City Council/Redevelopment Agency Meetings are held on the first and third Tuesday of each month beginning at 3:00 p.m. for Closed Session with the regular meeting following at 4:00 p.m. Financing Authority and Housing Authority meetings are held on the third Tuesday of each month beginning at 4:00 p.m., following the Redevelopment Agency meeting. Salary: City Council Member - $2,300 per month; Redevelopment Agency Member - $30 per meeting; Housing Authority Member - $50 per meeting. Benefits: Medical/Dental/Vision (up to $1,412 per month). Life insurance is offered in the amount of $50,000 Term. Retirement — City -paid PIERS (2.5% at 55) Application Instructions: 1. Application forms may be obtained at the City Clerk's office, 78-495 Calle Tampico, 760-777-7000 or on the City of La Quinta website at www.la-auinta.ora. 2. Completed aoolications alone with a minimum of 94% ainn2fnroc of aunnn@ rrom reaisterea voters of the city of La Quinta must be submitted to the Clerk's office by Wednesday, December 21, 2011, at 5:00 p.m. It is recommei minimum number required (25) is obtained. All signatures will be verified through the Riverside County Registrar of Voters. Voters are eligible to sign for one applicant oniv. 3. The City Council will interview all candidates during the January 3, 2012 City Council meeting at 4:00 p.m. A confirmation letter will be sent to qualified applicants. 4. Formal notification of appointments will be made by the City Clerk immediately following the City Council's selection. 5. A Statement of Economic Interests Form 700 will be required upon assuming office and filed with the City Clerk. a 121 CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA CITY COUNCIL NAME: Date: HOME ADDRE (Must be a La and a registered MAILING ADDRESS IF DIFFERENT LENGTH OF RESIDENCY IN LA QUINTA: TELEPHONE: (HOME) BUSINESS EMAIL: FAX: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER BUSINESS ADDRESS HAVE YOU EVER ATTENDED A COUNCIL MEETING? POSITION BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. M 122 APPLICATION, CITY COUNCIL PAGE 2 What speck issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ". 123 SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quinta, hereby nominate for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. 1 SIGN NO. d STREET PRINT CRY LP 2 SIGN NO. i STREET PRINT CITY ZIP 3 SIGN NO.6 STREET PRINT CITY ZIP 4 SIGN NO. i STREET PRINT CITY ZIP 5 SIGN NO.6 STREET PRINT CITY -ZIP 6 SIGN NO. & STREET PRINT CITY ZIP 7 SIGN NO. S STREET PRINT CITY ZIP 8 SIGN NO.3 STREET PRINT CITY ZIP 9 SIGN NO.6 STREET PRINT CITY ZIP 10 SIGN PRINT NO.6 STREET CITY ZIP 11 SIGN NO. & STREET PRINT CITY ZIP 12 SIGN NO. a STREET PRINT CITY ZIP 13 SIGN NO.B STREET PRINT CITY ZIP 14 SIGN NO. d STREET PRINT CITY ZIP 15 SIGN NO. E STREET PRINT CITY ZIP 16 SIGN PRINT NO. i STREET CITY ZIP 17 SIGN NO.3 STREET PRINT CITY ZIP p" 124 18 SIGN NO. i STREET PRINT CITY ZIP 19 SIGN NO.B STREET PRINT CITY ZIP 20 SIGN PRINT NO. S STREET CITY ZIP 21 SIGN NO. S STREET PRINT CITY ZIP 22 SIGN NO.6 STREET PRINT CITY ZIP 23 SIGN NO. S STREET PRINT CITY ZIP 24 SIGN NO. B STREET PRINT CITY ZIP 25 SIGN NO.3 STREET PRINT CITY ZIP 26 SIGN PRINT NO. B STREET CITY ZIP 27 SIGN NO. S STREET PRINT CITY ZIP 28 SIGN PRINT NO. S STREET CITY ZIP 29 SIGN NO. S STREET PRINT CITY ZIP 30 SIGN NO. d STREET PRINT CITY ZIP OFFICE USE ONLY NO. OF VALID SIGNATURES A 125 ATTACHMENT 2 EBRABowEN SECRETARY OF STATE STATE OF CALIFORNIA ELECTIONS August18,2011 County Clerk/Registrar of Voters (CC/ROV) Memorandum #11064 TO: All County Clerks/Registrars of Voters FROM:�,,�.�T 1- Program Techniai II RE' November8, 2011, Elections: RandomizedAlphabet Drawing In accordance with Elections Cod6 section '13112(b)(1)(F) the Secretary of State's office on this'date conducted a drawing of the letters of the alphabet to determine the randomized alphabet for use in the above election. Listed below is the official order of letters for use in determining placement of candidates' names on the ballot as determined in today s drawing. Please note that this alphabet is to be applied THROUGHOUT the candidate's entire last name, so if more than one candidate's surname begins with the same letter, the second letter of the surname determines who goes first, according to where the second letter of the name appears in the random alphabet. For example, if two candidates with the surname of Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters "M " and OR" were drawn in the randomized' alphabet drawing. 1. F 7. H 13. S 19. l 25. D 2. Q 8. U 14. A 20. Z 26. P 3. Y 9. T 15.. V 21, N 4. K 10. G 16. W 22. J 5. O 11. B 17. E 23. R 6. C 12. I 18. X 24. M '!N L6 RECEIVED r ' v CITY OF LA QUINTA2011 DEC 20 RM 10 11 APPLICATION TO SERVECITY OF LA QUINTA ON THE LA QUINTA CITY CLERK'S OFFICE CITY COUNCIL NAME: Lee M. Osborne Date: 12109/2011 HOME ADDRESS 49 671 Messina Court La Quinta CA (Must be a La Quinta resident and a registered voter) MAILING ADDRESS IF DIFFERENT LENGTH OF RESIDENCY IN LA QUINTA: 19 Years TELEPHONE: (HOME) (760)772-8369 BUSINESS (760)777-9806 EMAIL: losborne(rposbornerincon.com FAX: (760) 777-9482 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER Osborne Rincon, CPAs POSITION President BUSINESS ADDRESS 79-245 Corporate Centre Dr. Suite 101 La Quinta, CA 92253 HAVE YOU EVER ATTENDED A COUNCIL MEETING? Yes BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Moved to the Coachella Valley in 1990 and have lived in La Quinta since 1992. Past City Councilman from 2003 throuah 2008 Past Investment Advisory Chairmand for the City of La Quinta Past Chairman of the La Quinta Chamber of Commerce Past President of The La Quinta Rotary Club Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council ° regulations and procedures of the La Quinta City Council '..Q. 127 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? With the loss of the previous City Manner and the loss of the sitting City Councilman the city will face certain challenges to our current path of success. Along with the upcoming changes to the RDA gur city will face new financial nparating challenges - What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? Along with my Rast experience on the council and my financial experience as a CPA, I believe I can assist the city with its upcoming budget problems and ; anaes with the RDA PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT a 128 SIGNATURES OF SUPPORT '? We, the undersigned residents of the City of La Quints, hereby nominate e- ze-for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. j %V- m X 14 j" NO. & STREET f1r, n4x (2tt. 1PRINT RINT 6d CITY ZIP 9;z - m--..-. r yy -4r V CITY 4-q 4-1,,j vPdj2Z5—S m 4 N0.STRM PO7. 4h77-, PRINT CITY Zor 0,4 23P WIN tax & STREET 77 * CAiLD.&ML, PRWV`�11-14 CITY tA ZIP 022n 5 SION NO.& STREET V 'i R ZF PRINT •CITY." - Coicu-9. A6A 4Y1' w 12-2 n 6 am NO. & STREET 1Y �-i-q PRINT 7 NO &STR!EET-;.-�7/7-JZy V, 5f4_ CITY Wuwi ZIP ?22'<--� NO.& STREET ZIP el 155 9 SNiN N" SUM -36 . 56 VIA GALakrt PN"T fi-MV15 1PDD9 05� l C4TY 4- 10 aRNN �, NO. & STREEZ/ /—(4/041 PRINT CITY ) n- 11 am p,C NO. & STR rATY z/Al zr�/-/ 12 ;0. A STREET ONO$ PRINT 44VIV MAWetAt CITY 1A 6011V-M ZIP 17 zz Y-3 13 am NO. & STREET -M7�Cl Dare J"rx' PRINT T-A� CITY Lr- 0"1.-/ ZIP5-n--5'� 14 BY ff uvtr NO.&SMETq3 1- PRINT M A M V Y-Ch OAS CITY L 4- AaPV-2-12S - 15 IM MfSsiy\-, CA PRINT tAVA crrrLAvas CVt't43 16 am NOAS C�l PRINT C1 'u4 7 7 S-7 I ffE "IM 17 I- —PTA-P-AA �M ouiYvin, O-A M. 129 n ae� 3 i' 1s "�' NO,dSTREFT n • YULSS Y� crtr zm `J , 19 N°a6TaEeT 1'6Y9f +P'-gAr PK. PRnr 5774:T' L.dl (� �✓e-!L. OlTrG.X 494,,M'4 n° 20 �0M J6 v—.A +y EU PRINT No.asTRee r_. _ Mi ZIP 21 I'm Nad STREET PR'"I Trio /L'T ` GJ ✓iN9 r Ga 7°9 z 3 22 s«zN a NO.d87RTiR Gi —L) cry Lr + f.1// PRINT I-V IA lei M OTTAA ltw.v T.,.- '5 3 23 SION PRINT NO.d STREET JJ - t AA CT— ,r nn SION NO.a STREETLI t /l 25 aim NO.d �SIT 0"49. v uT J4 u1 SIGN PRINT NO. d eTR OIfT ZIP 27 SIGN N0.6 STREET w PRINT /V1 . W6r4 e CITY iA ci"ZI° 22- 28 SRN+ NO.a STREET PRINT Om ZIP 29 8m PRaR NOA STREET cnrZIP 30 SIGN NO. a STREET PRINT ORT ZIP OFFICE USE ONLY ING. OF VALID SIGNATURES '•." 130 S�3 SIGN NO. & STREET 19 SKIN 80. 1 STREET PRINT 20 SIGN NO. & STREET PRINT 21 Sm -— No. & STREET Ps PRINT A to CRY 22- 8 ' A r) ge-4�4_ NO T A, PR &L-thf-I a -ZIP 23 SIGN NO. F S CITY PRI 24 $" NO PRWr-1),' CITY ZIP alaaj� 25 SIGN4 2 ea4 Mo'&BT"eT'7-7&-/,/ PRINT A CITY IDUI MP 26 INCH NO.STREET AP PRINT CITY 27 SIGN NO. & STRE EY PRINT 28 SIGH NO. & STREET AP PRINT CITY 29 SIGN NO. & STREET ZRT-.- -- EF PRINT Fo 71'it-NT- NO. & STREET ----------- Ty OFFICE USE ONLY NO. OF VALID SIGNATURES 131 RECEIVED CITY OF LA QUINja APPLICATION TO S j %P�C 21 PM 1 25 ON THE LA QUINTPtITY OF LA QUINTA CITY COUNCIL CITY CLERK'S OFFICE Jose,, M - 0 Date: ) 2 2bii I HOME ADDRESS 79-40 Gi7rus S%ree7 a LA- IT4oi (Must be a La Quinta resident and a registered voter) MAILING ADDRESS IF DIFFERENT S%Im�6 LENGTH OF RESIDENCY IN LA QUINTA: I 1 qCA-�'S TELEPHONE: (HOME) C7Gd l 7%7-0 BUSINESS L v4) 336-0/03 EMAIL: Jim0jaW9eo-A Nk.neT FAX: (76o) 777-Vlgg IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD R f BNS'lnus EMPLOYER Se14 POSITION 1 Ahd V5f7 CONS L�XO BUSINESSADDRESS f6LOIQ AS home f�fiwesS HAVE YOU EVER ATTENDED A COUNCIL MEETING? YeS BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. See Arfue� /resume Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. See At7'a�i.menT 1 I.A. 132 ✓ APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? See ATT(AAMCn-r Z What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YQ(jR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT A. 133 JOSEPH M. OLESON, JD 79-160 Citrus Street, La Quinta, CA 92253 Office: (760) 777-0193 - Cell (714) 336-0108 imolaw earthlink.net ATTORNEY / REAL ESTATE EXECUTIVE / BUSINESS OWNER Real estate attorney and executive with over 30 years of experience covering all aspects of real estate acquisitions, planning, entitlements, development, management, and environmental/land use law. • Successful entrepreneur acting both as a Principal and as a "participating" Manager of large "Master -Plan" communities through my company, The Kennlake Company, LLC (see, infra.) • Executive Director of major mixed -use developments. • Effective project proponent with the ability to articulate (orally & written) the basis for project approvals. PROFESSIONAL EXPERIENCE 2010 CENSUS: Participated in the 2010 Census for La Quinta as a supervisor; managing census operations in the S.W. portions of the City; including the Cove and other communities west of Jefferson and South of Ave. 50. SAGE COMMUNITY GROUP- Land Development 2002 - 2008 Principal / Regional Manager (The Kennlake Company, LLC contract) • General Duties: Site assessment, environmental permitting and entitlement probability analysis, engineering and land use studies analysis; comprehensive due diligence analysis. • MMa1or Project: "TANAGER" - a 1780 acre Master Plan Community near Tucson, Arizona. Managed the entitlement and permitting process at state, county, and local government levels. Directed executive level liaison with local city council, planning commission, city engineer, etc. "JOSEPH M. OLESON, ATTORNEY AT LAW" and "THE KENNLAKE COMPANY, LLC" Attorney - Consultant (1996 to present) Private law practice, specializing in real estate matters. Served a diverse client group, including; developers, landowners, contractors, school districts and business owners. Formed and became the Managing Member of The Kennlake Company, LLC, a family owned California Limited Liability Company, for the purpose of providing land use related consulting services and participating in the acquisition and development of property in California and Arizona. LEWIS HOMES OF CALIFORNIA 1989-1996 Senior Vice President/Project Management Responsible for the company's Master Planned Community projects in Southern California. Formed, supervised and managed the processing team for entitlements (land planners, architects, engineers, environmental consultants, and utility consultants). Responsible for all federal environmental and C.E.Q.A., processing and approvals. Developed and maintained relationships with city and county officials and staff members. Created and conducted all project presentations before citizen groups and/or public hearings before governmental agency committees, commissions, councils and boards. EDUCATION Loyola University of Los Angeles (Cum Laude), JD; Member of the State Bar of California since 1977; University of California Los Angeles a 134 Attachment 1 My career experience, as noted above, has provided a broad, generic understanding of the functions, regulations, and procedures of City Councils. I have reviewed the "About City Government" section of the City's web site and hereby paraphrase the information contained therein: We have a "Council -Manager" general law local government, with a 5 member council, elected at large, which appoints the City Manager as the "Chief Executive" of the Municipal Corporation. The Council acts as the "board of directors" of the Municipal Corporation and meets in a public forum where citizens may participate in the governmental process. The Mayor and four council members are elected on a non -partisan basis, making each accountable to the entire citizenry. Council members serve four-year overlapping terms. The Mayor is not appointed, but elected directly and serves a two-year term. The Council establishes City policies, approves ordinances and resolutions, makes land use decisions, approves agreements and contracts, and hears appeals on decisions made by City Staff and advisory committees. Members of the City Council also serve on various regional and state governmental committees, associations, agencies, and boards. p 135 Attachment 2 The tragic loss of both Mssrs. Sniff and Genovese has created an unforeseeable challenge for La Quinta - how to best preserve and maintain the beneficial results of their outstanding contributions with an orderly transition that is as seamless as possible. The unfortunate timing of these losses, vis a vis the anticipated state Supreme Court ruling regarding RDA funding makes it even more important that the transition be handled efficiently and professionally. If RDA funds are lost, it will have a widespread "ripple" effect on virtually all City functions and services. I would not presume to presently offer any specific suggestions to address this issue. I would confer with and rely upon my fellow City Officials, Commissions, and Staff to provide me with the information necessary to make appropriate specific suggestions and recommendations. p 136 Attachment 3 My attached resume' reflects a decades long professional involvement and partnership with local government That experience has left me with a strong appreciation of the complicated and ever changing challenges that local government officials and staff face daily, and a genuine respect and admiration for their efforts. I would welcome an opportunity to work with the La Quinta City Council and provide a private sector "business -partner" perspective to help meet the City's current challenges. My legal education and professional career in the management and development of master planned communities has provided an extremely broad range of experience that goes far beyond basic building department issues. My career has afforded me an opportunity to view and deal with a wide range of interrelated local and state government issues. I am confident that I have the ability to quickly get up to speed on the issues at hand. I can readily digest and analyze complicated written documentation and information and I know I can work effectively with this Council to serve the needs of our community. " 137 SIGNATURES OF SUPPORT We, the undersigne4 residents of the City of La Quinta, hereby nominate ..3710'5C' � M , nk-<0N for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. .NAME i RESID.BNCE AbDRESS FOR OFPtCE USE: 1 SIGN i NO. &.STREET i, I • er awn e �. PRMT so °m R wvl 7° 2zS3 2 SIGNNo.&srnEET�B sl rPc�PPI r;d F Dr• PRINTt7CY14S 'ck1 I CRY y 3 WONL' NO.&STREET �.,a CCITY PR gAf0AV_ r'✓. Irr4" �y ZIP /Z2'i- 4 SIGN NO. & STREET .79D $O n -- PRINT CITY Nlh ZIP LZS,S $ SIGN NO.b STREET 4 / �^ ZIP' J � I P 6 SIGN iy:Y 1.'�+�1 p __ 7- NO.&STREE 11241., 1P46-YI-H.;,..d C� PRINT GTY ' Sm� < ' i oe NO. & STREET PRINT CITY ZIP Cf Z.rS 8 91GN 110.&STR S PR CITY _ ZIP 9 S NO S UT • b CITY PR1NT 16 CITY 11 SIGN , NO.&STREET PRINT •01! � CITYkA U;. 12 SIGN t2 ! / Fwiif NO. & b STREET -D eITYZii Q r_p ZP y,�3 13 SIGN NO. & STREET CITY ZIP �� P CJ' yy✓" 14 SIGN NO.&STREET PRMT 7 N,�pG - �J CZJ CITY Cjv2 i V 2P!%2� .�. 15 NO.b ST� R/EET �. <X- 'l PRMT , - 9 CITYL/7 ziP -Z� SIG 16 _ 'L N0. b STRPi�6 jG.. 41 PRINTI i �G CITY L,0 ;.. :r .11 C .21"Y-7z� SIGN INO. & STREET 7 PRM I V',CRY ZIP I -.4 138 momMa E .- ww_ez WMA N�,� ern. ...�..�.,. y IIIIIII A WAP PRO" mom.• ME, �IRn�Tliyr ,�. L �nr4�in��ee •� . lM - i - OFFICE USE ONLY 2 INO. OF VALID SIGNATURES ✓ .." 139 RECEIVED 2011 DEG 21 RM 11 CITY OF LA QUINTA 'CITY OF LA OUI1 APPLICATION TO SERVE CITY CLERK'S OF ON THE LA QUINTA CITY COUNCIL NAME: James H. Coz Data: December 20th 20 1 HOME ADDRESS SS-414 Brae Burn La Quinta, CA 92253 (AhW be a La Quhifa rsswWd anda reglSWW v'o" MAILING ADDRESS IF DIFFERENT Same as Above LENGTH OF RESIDENCY IN LA QUINTA: 20 ypar¢ partime since 1993 Ful time since 200C TELEPHONE: (HOME) 760-564-5611 BUSINESS n/a 567-0161 EMAIL--klgi2ees-cox@verizon.net FAX: 760-564-5611 IF EMPLOYE], LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER Self Fmoloyed POSITION Risk Management Cpnsultant BUSINESS ADDRESS HAVE YOU EVER ATTENDS) A COUNCIL MEETING? Yes BIOGRAPHICAL INFORMATION: Including education, work experience, ,civc involvement and other background_ YOU may attach a separate sheet if necessary, See Attached Currently on the Board of Directors PGA West Master Association, 2 Years District Delegate PGA West Fairway Association, 11 years. Chaired Eden Rock Alternative Committee 2003-2006 Chaired committee @ PGA West to negotiate with Pyramid Developers on proposed 52 unit condo complex. The City Council later denied Pyramid's development proposal. Describe your knowledge of the functions. regulations, and procedures of the La Quints C. Council. I have viewed the City Council in action on many occasions. I have been before the Council as a concerned citizen when it appeared that the citizens of this community were being put into unjustifiable and inequitable situations by developers. N 140 APPLIGATM CRY COUNCIL PAGE Z La Quinta has experienced rapid growth over the last 20 years, and will continue to do so. This growth pattern will require that development be constantly monitored to prevent getting out of hand. The recession has made the financial situation for municipalities a big problem, especially, since the State desires to delete the funding for enterprise zones. Creative ways have to be devised to keep the city budget from any large fluctuations during these types of recessionary periods. The City needs to be fiscally responsible, especially since the City is currently using reserves to shore up its budget. One area of potential increased revenue is to recoup the loss of many TOT dollars from vacation rentals in gated communities that are not being voluntarily paid. New City ordinances could be put in place to require the registration of these vacation rentals similar to the new ordinances in Palm Springs, Palm Desert, and Rancho Mirage. What specft altitudes. Aft and/or expertise do you Milk you have which would enhance the Wwnanoe of the Le Q* to Clty CoixXV I have been a Risk Management Consultant for the Native American Casino industry for over 15 years. I have consulted the Tribal Nations on issues regarding insurance, development contracts and Tribal ordinances. The Tribal Nation governments are similar in nature to small municipalities in their need for this type of expertise. PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78.496 CALLE TAMPICO. LA OUINTA P. O. BOX 1504. LA OUINTA, CA. 9224T 760-777-7103 THAW YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ..N 141 CEMCULUM VITAE JAMES PWLL/AM COX, CPCU, ARM, A/C LL.B EDUCATIONAL DATA: Bachelor Of Science Degree, Banking And Finance -San Diego State College - 1964 "Associate In Claims" Designation -Insurance Institute Of America - 1970 Bachelor Of Laws Degree -Is Salle University - 1973 "Chartered Property Casualty Underwriter", Professional Designation American Institute For Property And Liability Underwriters -1977 "Associate In Risk Management" Insurance Institute Of America 1991 PROFESSIONAL EXPERIENCE: Claim Supervisor - Fireman's Fund Insurance Company - 1964-1972 President- Caster Insurance Agency - 1972-1975 Manager - Republic Insurance Brokers - 1975-1977 Vice President - Pacific Insurance Agency - 1977-1992 Vice President - Arthur J. Gallagher & Co. - 1992-1997 Program Administrator - Tristar Insurance Services - 1997-2001 Risk Management Consultant—Alliant Specialty Insurance Services -Tribal First-1999-2011 Insurance and Risk Management Consulting Services- Cox Risk Management Services - 2006 to present AFFILIATIONS: Senior Instructor - Insurance Education Association 1968 - 1982 Board Of Governors - San Diego Insurance Adjusters Association - 1967 President - Independent Insurance Agents Association Of San Diego - 1983 Chairman Education Committee - (HAAC) - 1979 - 1981 Commercial Lines Committee - IIAAC - 1984 Insurance Advisory Committee - San Diego Community Colleges - 1974-1978 Member - Agency Services Committee: IIAAC - 1985 Insurance Litigation Consulting - O'Hara & Associates - 1986-2001 Legal Affairs Committee - Association General Contractors (AGC) - 1987-1994 Chairman Professional Services Committee (AGC) - 1994-2001 Expert Witness & Litigation Consulting.—MCS Associates, Management Consultants - 2000-2011 .M 142 SIGNATURES OF SUPPORT We, the undersigned residents of the City of la Quinta, hereby nominate =tAMFS LO. Cox for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring . November 6, 2012. iRESIDENCE ADDRESS A" TEM ©r ®r111ISr'�•i .�A1�!�!11�� 6WfT 17,, 11111.. MAP' I 11, di, W ME a 143 SIGNATURES OF SUPPORT We, the undersigned residents of the City of Le Quinta, hereby nominate M G S IJI. L oAfor the office of City Council of said .City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. NAME RESIDENCE ADDRESS FOR OFFICE USE aoN No.asTEaEEr j4 y[Ih 1 PmT tCe-m nP SIGN - NO. a intEd00 2 _ np q aNRT NO. a STREET &'/e� 3 cRY �i✓ ZIP ° vz6S f - (u✓ a N0.a STREETS 4 ratNr� — aTY 2 za 8MGM NO.a STREET'; I-Y Z. T 4,411• 4 1 ( , ZIP aY LT�V Ilk L am ..? /V NO. a STREETry 6 PEaNr cRY ( aP 9sS3 sNw NO. a S �G k 1 ° u 3- c"Y L . ZIP 6NRY N,y�„ NO.a STREET L1S 9 • v h ZI 9ION No. a STREET — 9 CITY PRINT NS" I NO.a STREET NO. a STRET aTY aP NO. a STREETary p° NO. a STREET arY zip BNiN No. a STREET 14 PRW — cm SIGN NO.a STREET — 15 M an ---- vZI BION No. a STREET _-- 16 PRINT -C ---- MP SIGN No. a STREET17 _.—_.._.._—.__--_-_._._.—_.__._..__ Rai pry MCA RECEIVED CITY OF LA QUINTA?011 DEC 21 FBI y 23 APPLICATION TO SERVILITY OF LA QW4TA ON THE LA QUINTA CITY CLERK'S OFFICE CITY COUNCIL Date: IZ- 2-1 — 2-011 HOME ADDRESS � — I2S _ f A*t A (Must be a La Quinta resident and a registered MAILING ADDRESS IF DIFFERENT LENGTH OF RESIDENCY IN LA QUINTA: i. r5 TELEPHONE: (HOME) '%%D ? 41 -(o 3 00 BUSINESS -'XV - Z7-)— 96g0 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD t A EMPLOYER T6 Npt (C$ POSITION SaS Apt, BUSINESS ADDRESS 51 - 4276- -bCssex+ CLkb -L)j- SLJ- It Ol HAVE YOU EVER ATTENDED A COUNCIL MEETING? 4 us BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. •..6 145 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT N 146 SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quinta, hereby nominate Qe Ara c alb 6o for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. .NAME - .. .�,. RESIDENCE .ADDRESS - - FOR QF 1 IJSE . . I SIGN WAS 3S 6.. /� /IRN PRMT 1�--.. C/i4-ts'7L cRY 1,A ".722S- 2 SON M-- - __— NO. a STREET _._._—Jl1 L T Z_L cm GA zl 02Z ' 3 s rw.asrnEErSNQSS M r.ro PM 4 SNiN STRE pp���I l'�iCA'1i`•v{ PRINT(ZIP I 3.J CRNO.a ZIP Z� Y Ow SI PRIM NO.a STREET CITY J� ZIP Z •Z 5-3 /' 6 — L( %_�C.S THE $ G C`(. ti LL.. `-( tom) PRINTCITY :) e•Y„il x1 t.r-Jfc' L,` LP !% • 1.S':1 SIGN NO. a STREET PRIM CITY�Q lKll/� f%� 0n 21P / 8 SIGN _— ---_-- N0. a STREET _ J3160 pyg_bfCC! G PRINT CITY IA &�+.IN ZIP'iii5 9 SIGN NO.a STREETSy.700 fn'fr OVi•C" PRIM C IC Cm (A @.I. WTA. ZIP TI ZLj SIGN N0.8 STREET CITY `ea '. ✓1 M ZIP 11 PN NT — NO. a STREET i7 2 0 Li f CITY.... / )PVC„ ZIP 12 SIGN No. a STREET PRIMSIGN 13 i� LV-0— x PRINT VU ( O }.-0 Clri k1K171.. Z'P �Z -. lep 14 SION NO. ! C• Jan PRINT a 4-c OA CITY ZIP 15 SIGN._- NO, a BTRE SIGN 16 NO. MEETAa PRIM � • �� SIGN .<, NO. a STREET - - 17 ate._ �_. /.z L.... PRINT - CITY 0J ZIP -w - Z > v '.N 147 �� M FAA IWAA i 1 W71AII�A r3 lotmold M OFFICE USE ONLY [NO. OF VALID SIGNATURES _ p 148 RECEIVED CITY OF LA QUINTA 2011 DEC 19 PIS ?. 25 APPLICATION TO SERVE ON THE LA QUINTA CITY OF LA QUINTA CITY COUNCIL CITY CLERK'S OFFICE S Oy�/7oFi4111X/ Date: L HOME ADDRESS 1s/2 Ofi`AZI,d//y� Qf/,fiQ,Ppr ,C Q 9a (Must be a La Quinta resident and a registered voter) MAILING ADDRESS IF DIFFERENT /f/ LENGTH OF RESIDENCY IN LA QUINTA: Alae< n2 aofl TELEPHONE: (HOME)B}}&Nm` • 7TV EMAIL: a u4v&Ffman S [ j i4 �/iGo�yt FAX: 7G0• 77,7 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER - A//) POSITION BUSINESS ADDRESS HAVE YOU EVER ATTENDED A COUNCIL MEETING? &" f/ BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. » 149 Application of Judy Hoffman Most of my California life has been living in Palos Verdes where my husband and I raised our children. I'm a retired Registered Nurse, educated in Chicago IL at Roseland Community School of Nursing,1967. The emergency department was the area of choice for me both as a staff nurse and eventually the overall department Supervisor. In a supervisory capacity I was responsible for labor budget, capital equipment budget, and employee scheduling (24/365). The medical staff relied on me to communicate policies and concerns. It was also my responsibility to be sure the department met all requirements for accreditation programs within my department. Providing in service programs for all employee categories was mandatory. This would involve RX s, L.V.N.' and E.M.T.'s. At Kaiser Permanente, Harbor City, late 1980's, this meant working with three union representatives and their officials. I'm a"Boots on the Ground" volunteer....... For the past 10 years I've been the Jury Secretary for Long Beach Yacht Club. I was recruited to work with international judges when they are in the South Bay to judge a class A regatta. I'm the "go to" person for their schedules, housing and whatever might come up. Working on federal, state and local campaigns has been part of my life since I was able to vote! Due in part to my participation I've attended a Presidential Inauguration, R. Reagan 1986, and have been invited to a gubernatorial inauguration. I served on the board of Miller's Children Clinic in Long Beach. My civic responsibilities are varied in nature. I was part of a small group that established a Parents Anonymous chapter. This provides assistance and counseling for parents needing help with child rearing and their own problems with anger and child discipline. "Walk On The Wild Side", raised $110,000.00 the year I was chairman. Proceeds going for medical and dental care for children in need. As overall chairman of the Palos Verdes Peninsula High School Grad Nite I accepted responsibility for keeping 650 new graduates safe on the night of their graduation. Grad nights historically have a high death rate, auto accidents, of the newly graduated students. I'm happy to report there were no accidents in the area that night. This responsibility ranks right up there with the E.R. in my book. N 150 Application of Judy Hoffman About one year ago I was involved with a group formed by Robert Silk. After three months I decided the organization was not something I would continue so I left any membership of Concerned Citizens of La Quinta. I am currently working with the Election Integrity Program, EIP. Volunteers committed to free and legal elections. I will be training volunteers, next summer, to be poll observers. Riverside is one of 14 counties in California participating. I've enclosed a flyer on the subject. I'm a member of the Daughters of the American Revolution, Cahuilla chapter. I'm affiliated with St. Francis of Assisi church, La Quinta. I make friends easily this is evident by the signatures of support I gathered. These signatures come from a number of areas in La Quinta, Trilogy, Estancias, The Citrus, Rancho La Quinta, Parc La Quinta and Lake La Quinta as well as the Cove. Now I get to brag a little! After hearing concerns from resident of the Cove I've come up with a beautification contest for residents. At this time I've established a board of directors, we have an EIN and checking account along with two sponsorships, a minimum of $100 each. In 2012 we'll begin seeking donations and holding the contests. People having made improvements to their property, curb appeal, are eligible to apply for a $100 gift certificate to be awarded monthly, once established. I plan to meet with some of the Real Estate Agents in the Village making them aware of the program. In 2012 we'll be going public, looking for sponsorships and promoting a fundraiser. Fire Captain Tony Khamati has agreed to offer dinner for six people prepared by the renown Firehouse #32 culinary crew as a raffle gift! He and I will kick off the fundraiser in February. I LOVE LIVING IN LA QUINTAI Specific issues or problems I would expect to see a continuing downward trend in the city finances. We are all waiting to hear the Supreme Court's decision concerning the RDA. I wish I could boast the answer for La Quinta — I can't. Aline byline look at the budget would be in order of course but working together with our Finance Director may be the way to make appropriate changes. Skills p 151 Application of Judy Hoffman Leadership, organization, fiscal responsibility and a strong desire to of service to this city make me the appropriate choice for the city council appointment. I interact extremely well with people. I see myself working well with the members of the council while adding my take on agenda items in a fair and respectful manner. I've been told I'm easy and fun to work with. I get the job done. Describe your knowledge of the Functions, regulations, and procedures of the La Quinta City Council. I've observed the City Council hearing concerns of citizens at an open microphone at the beginning of each meeting. The City Council sets "the tone" of our city. La Quinta is beautiful and a source of pride to all. Contracts are appropriated as well as professional services required by the city. I've seen the interactions with other departments, police, fire, etc. There's an obvious respect and cooperation between our City Manager, Finance Director and Attorney with the City Council members at the meetings. I am more than capable of learning all information necessary to perform the duties of a City Council Member. I would be honored to serve the people of La Quinta. Respectfully submitted by: Y1Ho2 p 152 SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Guinta, hereby nominate Ju D v ViELh j/ for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. VAME RESIDENCE ADDRESS FOR bFFlCE USE` '. ...::. 1 SNR! N0, i STREETS Y 0 Xgida Abyamo i Ci CITY ` V, (, ,� SIGN i/,�J!L&2. _ ♦, s•v NO. i sTREET.s" , -i ✓✓O ....;::, r ,: r i r �,ti f5-s SIGN 3 fil- PRIM — q SIGN 9r .yi-- NO.i STREET y� L� CL/./I✓ !g PRIM CITY ZIP 5 N0. TRYT YD /�iLy PRIMV Cm ZIP 6 SIGNNO. i STREET PRINT'r,CTIY/ . iIPZSIGN'NO. ,.CITY aa.S•TREET7 ✓rKlO rI.AjGPRINT -- C3lK CYQa ZIPC/+ SIGN , NO.L.STREEr A PRIM 9 SIGN +=1 .LL CGI esye6 NO. � PRINT C t J Y 'P yy -- lo SIGN l �� /Sl. n/ N0.65 a � z. PRINT'.. .l 9iU ' E Ai S CITYZ 'q • v/ aP 2 2 11 sIGN _ � NO. i STREET J j 72S �[✓lx/b/H l e PRINT .5 V CRY •/ ap 12 SIGN N0. i =?_ A i PRINT,rl 2 13 momNl� �7� nZW No.i /br ! C. Q. zt 10 CITY ZIP r 14 SIGN PRSiT NO. i STREETS /5-1 a A u Na VVV eZ) G Gl CITY C 14 v !v -!•!9 z IS SIGN PRINT N0. S STREET u�.i GTY 16 SIGNs P . CITY SIGNA4g 17 _ No. S STREET 3Z > PRINT(p CITY/ 6?-, fp4cx ZIP�j z _ 153 --r 1. ftV XAJCAAfd.4 X 5. 1 -ro awl 171, 7ATAwjm"-ljVAkx AM mom 00 M,��--: � � .�__ .:. mr. M, MOULIN�. FNO---OFFICE USE ONLY --. OF Z ID SIGNATURES 154 T7V 110F`f/lf"Ll 18 BN3N� .. NO.&STREET S/! 1j J /!c ✓ �F r.: PRStt. ( CITY, 4 /z �;. - � Y:Ct` 3 19 SNiN PRINT NO. S STREET CITY LP 2O 810N PITSTT NO. a STREET COY ZIP 21 SKIN PRIM NO, S STREET CITY ZIP 22 sloN PRINT NO.6 STREET CITY ZIP 23 ION NO. a STREET - PRINT CITY ZIP 24 SIGN NO. S STREET PRINT COY ZIP 25 SIGN - NO.SSTREET PRINT CITY ZIP SIGN -- PRINT NO. S STREET26 — CITY ZIP 27 SIGN PRINT NO. a STREET -.— COY ZIP 28 SIGN PRINT N0.8 STREET CITY ZIP 29 SIGN PRINT NO. &STREET CITY ZIP 30 SIGN PwNr -- NO. S STREET -- — — cvY ZIP OFFICE USE ONLY INO. OF VALID SIGNATURES u 155 2011 DEC 15 PSI 3 09 CITY OF LA QUINTA CITY CLERK'S OFFICE HOME ADDRESS (Must be a La Quinta CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA a CITY COUNCIL Date: /'_� A5 / MAILING ADDRESS IF DIFFERENT LENGTH OF RESIDENCY IN LA QUINTA: TELEPHONE: (HOME)_ -%%A 7 7 / • /9y�_ BUSINESS 3/O-S-b'7.700b EMAIL: /C_T4j& % 7 @ "L Cmv� FAX: 7 / O 771- /999 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER L(k, 8VkVao4;K POSITION S CEO BUSINESS ADDRESS HAVE YOU EVER ATTENDED A COUNCIL MEETING? BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Ei9.�E SSE ,�7-rge�rca Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Cfquncil. A i i -A _ I- 4 1.." 156 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? 9W /N pn9f �- AQOvT O / �t1 LI PLEASE,RETURN Dv� FJ16APPLICATION AND LIST OF SIGNATURES TO: �F—CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 -.0 157 . ue,. v.. COMMUNITY ACCOMPLISHMENTS Robert Sylk was unanimously elected to be the 2011 Chairman of the newly formed Concerned Citizens of La Quinta, an organization, which he founded, for public discussion of issues of importance to La Quinta. Commissioner, City of La Quinta Community Services Vice Chairman (2006-2008) • Robert instituted the Commissioners Art in Public Places tour • Instituted the recreational sports parks, playgrounds and trails tours Robert Sylk gained 2402 votes in his first run for La Quinta City Council in 2006 and 2008. Five candidates were running for 2 seats. Board Secretary Executive Committee (2005-2006) La Quinta Chamber of Commerce Encouraged Jacqueline Cochran Regional Airport to be at National Level. (Article appeared in Desert Sun and La Quinta Chamber of Commerce Gem. Click here for article text La Quinta Resident Card Program. "Appeared in Desert Sun editorial Page" Click here for text Board Member (2003-2007) La Quinta Chamber of Commerce • Robert was the first to introduce La Quinta residents to the Residents Card Program • Was the first to introduce expansion plans for the Jacqueline Cochran Regional Airport • Founder and Chairman of Ambassadors Committee • Wrote the training manuals and personally trained over 25 ambassadors in various capacities • Chairman Membership Services Committee • Redesigned Chamber website • Selected new Chamber Logo from over 600 entries • Implemented the Mentor/Mentee Program • Chairman By -Laws Committee • Chairman of Hot Air Balloon Food and Wine Festival (November 2006) First Vice President (6 years) Marina del Rey Chamber of Commerce Co -Campaign Manager and Finance Director, 1970-1978, for Governor of Pennsylvania Milton J. Shapp, originator of the "Peace Corps" for JFK. Chairman of Los Angeles County Protectors Organization (5 years) • CHP/Sheriff/LAPD/Coast Guard/Fireman/Lifeguard Founder and Chairman (7 years) Marina del Rey Food and Wine Festival (over 40,000 attendees/weekend) Founder and President (5 years) Marina del Rey Music and Art Festival • Implemented Symphony by the Sea Concerts with 86 member Westchester Symphony Orchestra & Marina Chorale Singers • Solo Pianist with Orchestra Chief Inspector of 5 Polling Precincts in Los Angeles City and County (10 years) Riverside County Election Official 2005-2008 Inspector Polling Precincts for La Quinta Appointed by Governor Wilson to successfully implement the sister city marinas between Marina del Rey and Marina Puerto Vallarta Appointed by Governor Wilson to Tourism and Trade Commission for California (3 years) i o a 1 U http://robertsylk.com/commwuty.php 12/15/2011 nVW1L oyu rage z of Board Member Los Angeles County Department of Beaches and Harbors (7 years) Board Member Bob Hope Greater Los Angeles USO (10 years) President Cornerstone Club -Southern California (10 years) City of Hope Man of the Year (1997) Founder and President of City of Hope, Marina del Rey/Venice Branch with 500 members (1992-1998) Appointed by President George Bush Sr. to Russian -American Economic Aid and Business Training Commission Received Prestigious State of Israel JNF Tree of Life Award (2002) • Presentation by Vice President AI Gore and L.A. County Sheriff Lee Baca Scholarship Selection Committee Boys and Girls Club of Venice, California Led the Sylk Group in the attempt to move the Queen Mary ocean liner from Long Beach to Marina del Rey. Marina Director, Ted Reed, Robert, and the Coast Guard took soundings and the ship could not enter the Marina channel. President of Park Town Place, a 4,500 member Residents Association in Center City, Philadelphia, PA from 1978 to 1987. President (2003-2005) Home Owners Association of Talante, La Quints Member Riviera Country Club Member Rancho La Quints Country Club Proud Member of "The Lincoln Club of Coachella Valley". Member Masons Equity Lodge 591 Member United States Holocaust Museum, Washington D.C. Life Member of Veterans of Foreign Wars Life Member American Legion Member of California Yacht Club (1987-2010) Board of Directors, NASDAQ Corporation (5 years) Save the World Air, Inc. United States Army, Honorable Discharge • Security Clearance "Secret" with FBI during Army tenure Robert Sylk's name was inscribed in both the West Coast Vietnam Veteran's Wall at the General Patton Museum as well as the one in La Quinta in acknowledgment of his military service to his country. An Editorial item published in the Desert Sun in June of 2008 can be attributed to Robert Sylk. "Celebrate Grandfathers" I strongly feel that every year on Father's Day we should also celebrate Grandfather's Day at the same time. continue... Robert was appointed to serve on the La Quinta Cove Oasis Trails Committee The Flag is precious symbol. When I see our flag being burned and in flames, I am outraged. 159 http://robertsylk.com/community.php 12/15/2011 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT SIGNATURES OF SUPPORT the unde igned re idents of the City of La Quinta, hereby nominate S L for the office of City Council of said City, to be considered by the city Council for appointment to fill an unexpired term expiring November 6, 2012. NAME RESIDENCE ADDRESS FOR OFFICE USE, 1 SM -- - NO. aST4ll 7s SNiN ----- NO. F STREET • -.��7.5 - - aTY aP 3 Vaal -- -_.-.— Ip, q N0.85raEET 7 R 3Bo_._A.S,�p 14F G R� T{— _V rn R. D,4n atr /.a 0 k K G4-VP et Z. z r3 4 _ 1--- N0. d STREET TRE (PRINT <' 12 G v�. cm 5 ronnlT __U= e9^ _.. NO. & STREET —if33J . _ � T-In( 1-- CITY EYr-(-�, ZIP 6 SIGN NO.d STREET " PRINT + ' V CITY aP �S �. ' F� _ T NO. d STREET CITY cc�23aas3 SIGN r C .. NO, & STREET .I�1 6GcCN.f + PRINT GN 6+t u.p aP Z.Z 6- , 9 I /.Y� �N EK .._ + NO.d STRP. j,..�rs_ -U / ''40 A CITY 10, 4IGN ! — PRINT NO. d STREETS-' Q V sew S . (f a� 2 11 SIGNIPRINI No.s STR ✓ / CITY 12. SION ,�►'� + �-�.� 40.68raESTjL :.,. PRRiT llaa MI` % CITY Gi�..�-a. �/� aP Z+i 13 sroN __.— & No.RgIR r j IM 14 PNNT pnL.¢ r r\T% ar ?�L acv 151x1vr—�--- No.asTRE �.r CITY tz. a �� +� s NO.asTREEr ,14 160 is SIGN IPNNT NOA STREET 4e CITY +C,M- Xtz— L l - ZIP 20 --- NP71 Is" 21 PRW NO. & MEE iLc CITY zIv 22 To=�ZZ- 'g,� V. -:2 ICKY- V. ZIP 122,St IMN NO. &T 24P:-T — CITY ap 25 IRO.&STR SNIN 26 NO. STREE 7 Ila" 27 pil I - STREETeq 7 --- 2OR OA4 �- -1 MJ1Z;A 21 :-I"_ '""'T 112-0 — Zk ,PIUNT y _ t ajj.� 29t!SIGN IN SIGN 30 PRINT CL an av ^OFFICE USE ONLY q 01 VALID SIGNATURES 161 RECEIVED CITY OF LA QUINTA2011 DEC 19 AEI 1103 APPLICATION TO SERVEtITY OF LA QUINTA ON THE LA QUINTA CITY CLERK'S OFFICE CITY COUNCIL NAME:E�6 /2 —Date:— HOME ADDRESS�gO (Must be a La Quints resident and a registered voter) 7 MAILING ADDRESS IF DIFFERENT LENGTH OF RESIDENCY IN LA QUINTA: TELEPHONE: (HOME) 0) - ZJ�L BUSINESS EMAIL: P3ETV 1 ? 9' , 1D/Al FAX: IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER = /( IA POSITIONJ��IRrb BUSINESS ADDRESS HAVE YOU EVER ATTENDED A COUNCIL MEETING?APRoy 9� O T S YRS BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. ,.N 162 Biographic Information: Including education, work experience, civic involvement and other background. PAST: Grade, Junior High and High Schools Santa Ana, California Colleges: Santa Ana Junior College, Construction Management Orange Coast College, Theater and Music College of the Desert, Music Work Experience: 55years Construction management Superintendent, Project Manager General Contractor General Commercial Construction Developer of Shopping Centers Civic involvement: Leadership Programs for the YMCA / Orange County President to The Board of Directors -Foundation The Retarded Of The Desert (Desert Arc) President of The HOA Board Estates at Point Happy Ranch Member HOA Board Palm Royale Member of the Emergency Preparedness Committee at Trilogy Member of the Search and Rescue Team at Trilogy PRESENT: Chairman of the La Quinta Planning Commission Board of Directors of CVRM (Coachella Valley Rescue Mission) Chairman of the Building Committee Member of the CVRM Steering Committee Member of the "Gifts in Kind" Committee DESCRIBE YOUR KNOWLEDGE OF THE FUNCTIONS, REGULATIONS, AND PROCEDURES OF THE LA QUINTA CITY COUNCIL: In that I have attended nearly all of the City Council meetings in the past 5 years and, in conjunction with my duties on the City Planning Commission, I have been close to all of the Councils challenges in the past as well as the current ones. This insight would allow me to "get up to speed" very fast. ..4$ 163 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? SEF_ AT(-i4 C f4 b What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? 5t-r±= PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 164 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? Public Safety continues to be our number one concern. I believe the Police Department is doing a good job given that in the last 2 years the crime rate overall has not risen significantly. Some categories are up but violent crime is not on the increase as one would expect given the economy and social pressures people or under these days. Another plus is that the Riverside Sheriffs office has not raised their budget/costs in the last two years. We should continue taking a strong position against the State and it's RDA financial harassments. RDA's has contributed significantly to making our City what it is. Continue to be Pro Development as a community. We need to create jobs for the young families that need them. Be ready for the resurgent's that is on the way. What specific attitudes, skills, and or expertise do you think you have which would enhance the performance of the La Quints, City Council? I have had 7 years of experience working with and learning from some of the best city administrators in the business. I have enjoyed the experience and think I have done it well. I stand on my record. I believe the most significant attribute I have to offer is that of good old common sense. If I don't know the answer to the question, I keep asking until I do. Then I bring on the COMMON SENSE which I feel is my strong point. Is it good for the city? Best and biggest question one should always be asking. I also try to keep my responses to the issues at hand to a minimum. No mini speeches on every reply. " 165 SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quinta, hereby nominate ab AfdlzLSov-- for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. MIDENCE ADDRESS ©GA�Ti ff., PC MA 7- ©IT e / 7�ih�i�` ���JIGrI: ``• l��}JJ��IIIIII� .ii..-_.�..: m r d ..« 166 18 PPBIT N0. a 8TI�ET II/ %/B „ ;WV CAC7iUS L jy/iG /AM . CnGG✓S L.4�ly u/�Ti CA nP tsi,2ZJ 3 19 ` ewlr pTY 20 8i6p Np r-:ck < Par 21 PPINT • 110. a 22 81QM NO. a 81/IEET �/ SS/ 1 USl'I C WGC Q�J 23 elan 1a.aaTaEEr ELt i j `m A aP PnwTPi l✓. d 24r xaaE'"EEBi3��/ VIt_7o/1 (rJ- .r ary 6LJ C av u. 25 v r%asTaEET , 144 CITY vaPqlzzR 26 fro aSTRM FIA4 / r cm av ls- 27 g u: no."Me �Liw 1. e; ./ hpq,vti A VAI& AAAcl.�m / ;i±;";, smx lwasmEer�86 GaLD&iT! ST�a to P s-.3 29 NO ° l ro5 C;OQ,� STI* wY LAOu�u;A aP9ddr} PWNT 43, J. O 'Uw c" z37-- ►.if �,q.. 4 av � OFFICE USE ONLY NO. OF VALID SIONATURFS 1 � 161 RECEIVED 2011 DEC 19 I'M 2. 21 'CITY OF LA QUINTA CITY OF LA QUINTA APPLICATION TO SERVE ON THE LKIM)t3 ICFAICE CITY COUNCIL NAME: Nelda Esmeralda Date: December18, 2011 HOMEADDRESS 52-404 Avenida Rubio, La Quints Ca 92253 (Must be a Le Quints resident and a registered voter) MAILING ADDRESS IF DIFFERENT same address as above LENGTH OF RESIDENCY IN LA QUINTA: 27 % years. June. 1984 TELEPHONE: (HOME) (760) 564-9245 BUSINESS -cell (760) 285-0468 EMAIL neldae1 aol.com FAX: none IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER Desert Sands Unified School District POSITION Retired Educational Consultant BUSINESS ADDRESS 52-404 Avenida Rubio La Quints Ca 92253 HAVE YOU EVER ATTENDED A COUNCIL MEETING? Yes BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. See Attached Resume Describe your knowledge of the functions, regulations, and procedures of the La Quints City Council. The function of the La Quinta City Council is to represent the La Quinta voters at large as the legislative and policy -making body of the city. The council adheres to the rules and regulations of elected representatives as described in the California Brown Act during their service. Open and closed meetings are held bi-monthly adhering to agendas made public prior to meeting dates. In La Quinta, the council is the Board of Directors of the LQ Redevelopment & Financial Agency. To support decisions that best meet the needs of the city and residents at large, the council also receives recommendations and data from residents, city staff, committees, boards and commissions. - APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quints, and do you have any suggestions to address those issues or problems? The LQ Redevelopment Agency's 5-year Implementation Plan provides a comprehensive roadmap of the issues facing LQ. The implementation of the goals set for Projects 1 & 2 will reveal unexpected changes of economic, physical, structural and environmental plans that hopefully will not change to overall intent of the goals outlined in the plan. It is necessary to maintain a proper balance of the very low and low-income housing throughout the city's boundaries and not concentrate a high percentage of city subsidized low-income homes to one area of Project 4. Concentrated areas of very low and low-income families tend to impact public services such as local law enforcement, schools, social workers, health-care facilities and fire fighters. Statistics on public service agencies are easily accessed through technology. In order to keep attracting families to all sections of La Quinta, it is in the best interest of the city to monitor and balance housing needs and not create "income flights' from any of its' residential areas. Recommendation Crime statistics in La Quinta show an increase in burglaries and vandalism. A recommendation is to: strongly enforce codes, and create PSA's and artistic signs sending the message; violators will be prosecuted. Public presentations in the school settings to students, parents and staff showing the cost involved in graffiti removal and other related crimes and create incentive programs redirecting to youth services. These are a few of the low cost measures that go a long way to stop violations. What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? I love La Quinta! After 27 years in La Quinta, I am still in awe of its' beauty and the eclectic composition of the residents. Having raised and educated my family and many of the children in La Quinta as their teacher, principal and director for the local school district 1 have a vested interest in the future of the city in which they may choose to live. My participation includes, attendance at most public events, and a self-appointed PR ambassador for La Quinta when in the company of others. I've served on various board of directors throughout the Coachella Valley and have a full understanding of the roles and responsibilities of a board member. As a school principal and district director, I've have the opportunity to work with government municipalities in Indio, Palm Desert, la Quinta, Riverside County, State of California and Federal Government I'm well versed with strategic planning, collaboration, budgets, grants, personnel, special events planning, facilities and maintenance and risk management I have no affiliation to any local interest groups and open-minded to innovation and enhancement of services. 169 Nelda Esneralda 52-404 Avenida Rubio La Quinta, Calif. 92253 (760)564-9245 Professional Eaoeriences February 2011— Present Educational Consultant, Kennedy Elementary As a consultant at Kennedy Elementary School I provide staff development to teachers in the implementation of Singapore Math Strategies. Singapore has had the highest student test scores for over twenty years utilizing teaching practices of concrete/pictoriallabstract conceptual development. July 2011— Retired October 2008 —July 12, 2011 Director of Supplemental Services K-12 Under direction of the Assistant Superintendent, Educational Services, plan, organize, coordinate and implement core curriculum, instruction and assessment and intervention programs and certificated Professional Development. Directly responsible for supervision and support of Elementary parent concerns, AB2117 Grant for Best Practices foe English Learners, K- 5 site support, After School Programs (ASES, 21s' CCLC), Student Events, Gifted Education and Talented (GATE), Early Childhood Programs, Mandated Professional Development (AB 430), Reading First Program, Student Assistance Program (SAP) and assist with writing Local LEA Plan, Career Tech Ed. Plan and various site and district grants. Aug. 2003 — October 2008 Principal, Abraham Lincoln Elementary School, Voluntary School Choice Program, Environmental Science Palm Desert, Ca. An elementary principal is accountable to the Superintendent of the school district. My responsibilities included planning, organize and implement state and district policies and guide the staff in analyzing student data for program improvement. The VSCP grant afforded staff collaboration that resulted in outstanding student achievement; California State ranking 6, Similar School ranking 9, meeting all AYP targets and API Index 787. Lincoln School received Private grant funding for afterschool programs and a counseling center and earned the title as a California Distinguished School. Accolades included the EPA Regional 9 award, personal invitation to the White House by President Bush, DSUSD Principal of the Year and Riverside County Principal of the Year. My district contributions include participation in the DSUSD Strategic Planning Committee, EL Master Plan Development Committee, Superintendent's Cabinet, Elementary Representative. Sept. '" — June 2003 2°d gr. teacher, John Adams Elementary School The classroom teacher assignment involved implementing state and district standards and adopted curriculum. The diverse student population in the classroom averaged an API score of 831. Student demographics included: Limited English Proficient students, Special Needs and Gifted students. Adjunct .A 170 assignments included before and after school tutoring, IIUSP Leadership Team, grade level meetings, preparing academic parent nights. and fostering community business support for school needs. Sept.'% —June 19" Elementary Principal, John Adams Elementary School La Quints, An opportunity to open a new elementary school in the DSUSD with a similar school ranking of "9" involved; being part of the building design team for student learning and the physical environmental structure where learning takes place. This includes hiring staff, ordering materials, furniture and equipment, budgeting, building community partnerships, and developing a school mission. Highlights include hiring a staff with a common vision; hosting the first Betty Ford Outreach Program, hosting Cartoon Network Smash Tennis with visiting male and female world -class tennis pros mentoring students; coordinating a student orienteering team and filming with Tommy Smothers for Nickelodeon. Feb. 189 — June 19% Elementary Principal, Eisenhower School Indio, Ca. This assignment involved changing a school with grades 3-5 school to a K — 5. Tasks included intensive staff development for intermediate teachers assigned to teach primary grades, assist with facility changes, build a primary student parent support group for our new clients and purchase of appropriate materials. Highlights include; developing a K-5 performing arts school to support the development of ELD for the highly populated English Learner community. June'88 — Feb.'89 DSUSD Sabbatical During this 8 month assignment I traveled through parts of Spain and Mexico visiting elementary schools. The focus of the Sabbatical was to study effective classroom reading strategies for Spanish readers The study was published and presented to the DSUSD Board of Education and bilingual education conferences in Calif. Staff development classes on Effective Classroom Strategies for Spanish Reading Programs were developed and taught for teachers at DSUSD. My biggest discovery during the sabbatical was the effectiveness of grade level planning and teacher articulation that took place amongst the teachers in both Spain and Mexico. Collaboration and curriculum alignment were implemented under my administration very similar to professional teaming communities. Nov.185 — June'88 Tide VH District and Kennedy School Project Teacher Responsibilities included coordinating ESL and Spanish Language Programs for 8 elementary schools within DSUSD. This involved training and coordinating staff development activities for credential teachers to obtain. bilingual teaching credentials. Both assignments included modeling lesson, implementing peer coaching models, coordinating team teaching models (leveling) within the grade 1ev4 compiling monthly multi -cultural teaching units, material selection, and presentions at local, county, state and national teacher conferences. Sept.'79 — Nov. '85 Teacher 2°" grade, Van Boren Elementary School Educational AL4Wund Administrative Service Credential, University of Redlands Sept. 92 — June 94 Masters in Educational Administration National University SepL'83 June'86 Special Education Credential UCRiverside SepL'80—June'81 Bachelors of Arts, Liberal Studies CSU San Bernardino June '79 Calif. Teaching Credential CSU San Bernardino June'79 Bilingual Cross Cultural Credential CSU San Bernardino June'79 Community Proiects National Advisory Committee for After School Programs 2009 - 2011 Regional Access Project Board Member 1990 —2003 USC/Sigma Nu Parent Organization 2001 - 2005 La Quinta Arts Foundation Board Member 1993 —1998 Coachella Valley Counseling Board Member 1989 —1990 Honors/Awards Title 1 Achievement Award 2008-09 EPA Presidential Environmental Award 2007-08 California Governor's Environmental Award 2007-08 Coachella Valley Golden Apple Award 2007-08 Palm Desert Rotary Citizen Award 2006-07 Riverside County (BEST) Bilingual Principal of the Year 2006-07 DSUSD Principal of the Year 2006-07 Riverside County Principal of the Year 2006-07 California Distinguished School Award May 2006 Baha'i Faith Models of Unity Award January 2005 DSUSD Strategic Plan 2002 — 2011 Professional Development Singapore Math Training Ongoing Transforming School Culture Anthony Muhammad The Art of Coaching Principals, Riverside County Educational Leadership A New Day of Lemming, National Assoc. of Elementary Principals Effective After School Programs Steve Amick Reading First, K-3 Effective Strategies for teaching reading Strategic Schooling, Effective practices for English Learners, Dennis Parker Team Response for Achievement Through Collaboration (rRAC) Understanding Poverty Ruby Payne Professional Learning Communities, DuFour Step Up To Writing, RCOE Seven Multiple Intelligences UCR Cooperative Lemming Strategies Steven Kagen Theory of Second Language Acquisition Steven Krashen Second Language Acquisition James Cummins ... a .. 172 SIGNATURES OF SUPPORT We, the undersigned ®r�e�sidents of the City of La Quints, hereby nominate Ems$ for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. mom i iff®r. EM m-. ..:. : 4 m -:� A 7M7.0 we , , omm ..ter M� « 173 _..�.., m.�,. 4.. lip 11 �,I- ' I 08FlCE USE ONLY 1NO. OF VALID SIGNATURES l_.-- J N 174 18 WN Aiw ' cnyt A Q 01'vV I n t.f9 aP a 2 5 So; - NO. 'STREET 'a_ _l A CXNd4. /Q'i_ 19 P'RRTT CITY av *77 T e c ,, sqx NO.i STREET -3j VCn,GIli octero 20P rboR` CITY LA 14PA ar9a15 sON N0. 21 PISNT ^ CRv Tar ` -Le am NO.4 STREET 22 RE4T Cm ZIP Sm NO. S STREET 23 PRINT CITY ZIP am No.4 STREET 24 PRINT SIGN No, S STREET 25 PRMT cm —__ ZIP SIGN NO. It STREET 26 PwuT - Cm ZIP SISN NO.SSTREET - 27 PRINT Cm _—___ AP SIGN - NO.4 STREET 2H PRINT CITY LP SIGN NO.4 STREET 29 PRINTcm LP WIN N0.4 STREET 30 PRINT -- — --ZIP OFFICE USE ONLY FNO:.OF:VALID SIGNATURES " 175 r RECEIVED CITY OF LA QUINTA 2011 DEC 21 Aft 1131 APPLICATION TO SERVE ON THE LA QUINTA )CITY OF LA QUINTA CITY COUNCIL CITY CLERK'S OFFICE ■ NAME: Roberto D. Radi Date: December 17, 2011 (Must be a La Quints resident and a registered voter) MAILING ADDRESS IF DIFFERENT LENGTH OF RESIDENCY IN LA QUINTA: Since June 2007 (approx. 4y 6mo) TELEPHONE: (HOME) 310.383.4315 (best number) BUSINESS 323.370.6223 EMAIL: robert@radidesign.00m FAX: 323.843.9214 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER Radi Design, Inc. POSITION President & CEO BUSINESS ADDRESS 8484 Wilshire Blvd. Suite 220 -Beverly Hills, CA 90211 (primary) 54305 Eisenhower Drive, La Quinta CA 92253 (secondary) HAVE YOU EVER ATTENDED A COUNCIL MEETING? Yes - In 2011 1 attended 82% of meeti is Also attended,a few Commissions' meetin BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. ier the past 20 years, I led a fast paced career in management and consumer product strategy & mark Norking as a key executive and consultant in a broad range of industries, I successfully translated my w4xvtise and strategic insights into award winning consumer product and service platforms. _duceted in Europe and in the USA, I developed critical thinking methodologies intertwined with 1ynamic and transitional global conditions, as well as an ability to deliver actionable, implementable an nnovative strategic solutions aimed at generating optimal margins, ROI and ROE. A detailed professional, academic, and community involvement report is hereby provided as an attachment to this application. 'Exhibit A' of the attachment illustrates relevant civic involvements. Describe your knowledge of the functions, regulations, and procedures of the La Quin City Council. As representatives of the Citizens of La Quinta, the five members of the La Quinta City Council serve as the legislative body of the City. The Council executes functions comparable to those of a Board of Dirac rting. f it provides policy guidance to the City Manager (who serves as the Executive Officer of the City) and City Staff on all aspects of City's governance, including but riot limited to budgetary, financials, expenditures, operati promotional, developmental, and economical. While the Mayor chairs the City Council meetings, hi" vote is equal to other City Council members and he/she has no veto power. Hence all decisions by do pass by a simple majority vote and are implemented by the City Manager and City Staff. 176' APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? 1) The major threat to La Quinta remains the reprehensible attempt to abolish RDA, (a decentralized ED mechanism from Sacramento) Mat alkxNed sustainable growth in a myriad of communities inducting l a Quints InespeGively from the upcorning CA Supreme Court s decision on RDAs, a strategy of growth must be devised in respect to shifting global conditions. As the USA lingers in a liquidity trap, it is paramount for La Quinta to pursue a policy of growth that entice i) foreign investments leveraging EB5 regional centers in, Riverside County ii) foreign visitors from untapped markets, such as China and ASEAN countries iii) a policy that would facilitate manufacturing and service generation, suitable for export. Indeed as the cost of capital equalizes globally, our region is well positioned to capture the "decolonization" of manufacturing from Asia iv) assess feasibility for the establishment of EB5 to secure investments in SilverRock development 2) The issue of chronic deficit in the Lighting, Landscaping and Parks budget, currently bridged by withdraws from the City's general funds, is destined to acerbate in the coming years if sensible solutions are not devised and Implemented. As a matter of fact the approx. $1.7M deficit will grow to over $2.1 M in the next Fiscal Year. As a post Proposition 13 City, La Quints can gain substantial benefit in enforcing and implementing a TOT for Short Tenn Housing Rentals> Not only it would generate substantial revenues, but it would also foster an environment of fairness fbr our resorts, hotels, and registered B&B. A tax for all or a tax for none is a principle of market economy. What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? Refined ability to: lie a complex situation and evaluate k in the context of shifting dynamics while extrapolating the critical issue ii) communicate succinctly about an array of topics drawing from a diverse understanding of various business interests iii) apply my general knowledge of current issues facing La Quinta iv) adapt In short order to a position, and bring a global business prospective to it v) foster a consensus based decision making process vi) provide independent opinion of proposals and project analysis - with no conflict of interest PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT W "` 177 Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 — Email robert@radidesign.com La Quinta, December 21, 2011 Honorable Mayor and Distinguished City Council Members, I am presenting my candidacy for appointment to City Council for one simple reason: I love La Quinta and everything the City stands for. La Quinta is where my wife Charlotte and my 3 year old son Max have been welcoming me back after business trips. Indeed, while my business interests are geographically diverse, La Quinta is my home. 1 never get tired of speaking about La Quinta to whoever I meet on those trips. This is the place to be, and our lifestyle is second to none. Since we have purchased our first home in La Quinta in June 2007, we have been active in our neighborhood and helped in the community to the best of our abilities. My intent has always been to facilitate a constructive dialogue and project a positive image of our community. My involvement with the Cove Neighborhood Association (since our arrival) has brought me even closer to the City and to the challenges we face; but also to the zest in which those challenges are tackled. I have enjoyed meeting on rotation with City Staff on a variety of projects and issues. Having dealt with other municipalities, nationally and internationally, I cannot say enough good things about the City of La Quinta's Staff. Even when they have to say no, they do so with such class, one cannot be anything but appreciative of their efforts. As all of you do, I sincerely want to help the City of La Quinta grow into the future. I know my son Max is growing up in a community that is enriching him, and La Quinta will be part of him no matter where life will take him. With much appreciation for your consideration, 178 Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 — Email robert@radidesign.com Robert Radi (age 40) Executive / Entrepreneur Married to Charlotte (Qimin) Wang —One child: Maximilian Marius Radi (age 3) EXECUTIVE EXPERIENCE Current Positions: President & CEO Integral Advantage, Inc. — Beverly Hills, CA - Strategic Management / Leadership Development - Integral Advantage'" focuses on the utilization of strategic innovation as an all - encompassing organizational function; whereas strategic innovation is the efficient and effective implementation of ideas, leading to sustainable value capture and profit models. Executive Outreach / Presidential and Key Executive MBA Pepperdine University — Graziadio School of Business and Management — Malibu, CA - Corporate relations. Executive and C-Level talent development and acquisition Executive Board Member, Board of Directors* Scholarship America - California Region (Nonprofit) — Redondo Beach, CA - Since 1958, Scholarship America® has distributed more than $2.5 billion dollars to over 1.7 million students, making it the nation's largest private sector scholarship and educational support organization. Member, Board of Advisors* CUSV China U.S. Strategic Ventures Organization — Beijing, China / San Gabriel, CA - Disclosure of board members and activities on Exhibit B — Page 7 Chairman, Board of Advisors Taylor Realty Advisors, LLC, - Las Vegas, NV - The organization, in association with Fundamental Health, has developed $200+ MM worth of Long Term Acute Care Hospital Facilities (LTACH) and Skilled Nursing (SNF) facilities in the Western Region. Co-Owner/CEO Radi Design, Inc. — Beverly Hills, CA A Consumer Product Strategy Consultancy, since 1993 - Radi Design, Inc is a Product Strategy, Design and Development Consultancy that over a period of 18 years has achieved considerable acclaim by generating commercially 179 u Page 1 • Denotes Non Compensated Position Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 — Email robert@radidesign.com successful consumer products, worthy of a string of Design Awards and of Design and Utilities Patents. Consulting Experience/Major Clients (since 1993): - Robert Radi has served as a Consumer Product Strategist/Executive Consultant to the following organizations: Johnson & Johnson MeadWestvaco Procter & Gamble Neutrogena Avery Dennison Wolfgang Puck Brands Berkshire Hathaway (Scott Fetzer) Zero Corp Daimler Chrysler Warner Music Toyota Ford Schwarzkopf Professional Revlon DermaNew MOBI Technoloy Guthy Renker I DermaNew I RONCO Boeing Post Positions: Founding Partner/CEO Quadra Strategic Partners LLC— San Diego, CA - Quadra is an Intellectual Assets Management and Development organization with the core objective to license its Patents Portfolio to organizations engaged in the manufacturing and distribution houseware, fitness and beauty products. Executive Board Member, Board of Directors Ardaro Development— Riva Del Garda (ITALY) - Land rezoning for mixed use residential and low income housing. -Developed strategies to work with local government authority. -Rezoning successfully completed in June 2010 (4 years process) Adjunct Professor / Mentor OTIS COLLEGE OF ART AND DESIGN - Los Angeles, CA - Lectured in all aspects of Consumer Product Design and Development - Served eight (8) years as a Part -Time Faculty Member - Strategically developed content to reflect dynamic changes in the industry - Actively participated in the start-up and development of two (2) faculties: Product Design and Toy Design. Member, Industrial Advisory Board* Glendale Community College — Glendale, CA - Advised faculties on a variety of issues and evolving technologies, skills requirement and market dynamics, related to the Product Development industry W Page 2 `Denotes Non Compensated Position Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 — Email robert@radidesign.com Executive Board Member, Board of Directors' RE/AX LLC—Los Alamos, NM Research Organization: Bio Mimicry Sustainable Technology Research - RE/AX LLC is a company dedicated to utilizing the latest in advanced materials science to create materials that "react" to their environments addressing a myriad of problems in energy management. Chief Architectural Advisor EgSolaris Inc. — Los Alamos, NM Research Organization: Photovoltaic Micro Concentrators - a synergist company that includes Kyosemi Corporation, a Japanese optoelectric and solar energy company; Energy Related Devices, a Los Alamos, New Mexico energy research and technology development firm; and Mihama Group, a Japanese chemical and materials company. EDUCATION Pepperdine University, The George L Graziadio School of Business and Management Presidential & Key Executive MBA - Malibu, CA The Presidential and Key Executive MBA is the only program of its kind in the nation -- offered exclusively for executive visionaries and "C-level" business leaders. AACSB Accredited. Graduated with Honors in 2011-4.0 GPA Inducted into Beta Gamma Sigma International Honor Society Cornell University - S.C. Johnson Graduate School of Management Executive Leadership - Ithaca, NY 2009/2010 Executive Leadership Program This program has its roots in the Executive Education programs at Cornell's Johnson Graduate School of Management, and provides leaders with the skills necessary to differentiate their organization from their competitors, evaluate strategic options, and foster a culture of innovation and creativity. University of California, Los Angeles Studies, Mathematics - UCLA Extension Page 3 181 ' Denotes Non Compensated Position Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 — Email robert@radidesign.com California State University -Los Angeles Studies, Physics and Mathematics Glendale Community College Electro-Mechanical Design / Continuing Education Inducted as Permanent Member of Alpha Gamma Sigma Dean's Honors FA 93, SP 94, FA 95, SP 96 ENAIP -(Art School) - Italy Graduated Top 10% of School OTHER PROFESSIONAL - Over 20 International Awards for Innovation Excellence - Party to 28 Design and Utility Patents OTHER Military Service: - Alpine Artillery — ITALIAN ARMY (1990/1991) - Trained and served under joint NATO (North Atlantic Treaty Organization) command Real Estate Ownership in the City of La Quinta: - 52850 Avenida Herrera, La Quinta CA 92253 - 53148 Avenida Navarro, La Quinta CA 92253 - 54175 Avenida Herrera, La Quinta CA 92253 - 52660 Avenida Diaz, La Quinta CA 92253 - 54305 Eisenhower Drive, La Quinta CA 92253 Page 4 182 Denotes Non Compensated Position Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 —Email robert@radidesign.com EXHIBIT A COMMUNITY INVOLVEMENT AND VOLUNTEER WORK Current Involvement., La Quinta Cove Neighborhood Association — Since 2007 Steering Committee - Conceived and developed a comprehensive electronic communication platform to benefit the La Quinta Cove and the community at -large - Participated in and supported advocating activities of the Association to the best of my ability. Worked energetically to challenge distorted perceptions and inaccuracies discoverable online - Attended monthly meeting with City Staff on rotation with other CNA members - Attended City Council meetings and Commissions' meetings - Actively participated in the Mustard Buster project to protect our City from the spread of the Sahara Mustard destructive nature Andrew Davis Eagle Scout Project — La Quinta 9/21 Memorial - Funded transportation of WTC Artifact / developed initial concept for Port Authority - Worked with City Staff to coordinate the transportation of artifact - Provided finalized design and secured additional in -kind professional services - Currently working with City Staff on implementation process Post Involvement., Pathways to Success — Coachella Valley Economic Partnership MAS (Mentors Advising Students) program At the request of the MAS Program Coordinator (Chris Thompson): - Gave talk to young students on the subject of Inventions/Intellectual Property - Met with (or communicated with) students interested in careers related to Design, Business, and Entertainment - Provided information and "how-to blurbs" for distribution to students La Quinta Art Foundation — La Quinta Museum Conceived, presented and fostered a show featuring the work of Master Goff Club Maker Mario Cesario. This was his first exclusive showing. Free Wheelchair Mission - Provided in -kind strategic services for the next generation of low cost wheelchairs - Devised plans and collaterals to enhance fundraising and leverage manufacturers' relationships - Free Wheelchair Mission has donated more than 500,000 wheelchairs worldwide - Please visit: Free Wheelchair Mission - www.freewheelchairmission.org to donate Page 5 183 ' Denotes Non Compensated Position Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 — Email robert@radidesign.com Animagination — You LA (4 years) Steering Committee Member / Instructor - Youth Opportunities United, Inc. (Y.O.U.), is a non-profit public benefit corporation dedicated to improving the lives of abused and neglected children under the purview of the Los Angeles County Department of Children and Family Services by providing educational support, financial resources, and special programs in the arts - The Animagination Workshops are held on the 20th Century Fox Studios' lot each year. Children are exposed to state-of-the-art techniques, and provided with access to a group of very talented individuals. Rotary Club International — West Hollywood (5 years) - Joined the organization to champion the cause of the National Marrow Donor Registry Please visit: The Marrow Donor Registry http://www. bethematch.org to donate Page 6 HE * Denotes Non Compensated Position Robert Radi, MBA 54305 Eisenhower Drive- La Quinta, CA 92253 Cell 310.383.4315 — Email robert@radidesign.com EXHIBIT B DISCLOSURE OF CUSV — China U.S. Strategic Ventures Organization Activities and Board of Advisors ORGANIZATION'S ACTIVITIES CUSV provides corporations strategic and operational advice to foster growth through: Strategic Alliances Entering New Markets Increasing Existing Market Share Mergers and Acquisitions Twice per year, CUSV organizes a weeklong event in Beijing, where U.S. Delegations meet with Business and Government Leaders to foster collaborative business opportunities and ventures. CUSV advise Chinese individuals and companies on investments in EB-5 Regional Center Projects in the United States. BOARD OF ADVISORS •CO-CHAIRMAN: Dr. Demos Vardiabasis (California Economic Development Commission and Chairman of Entertainment and Tourism Committee) *CO-CHAIRMAN: Albert Huang (Founding Director, American Plus Bank and Former Mayor, City of San Gabriel) *FINANCE: Chris Marshall (Former CFO, Bank of America and CFO, North America Financial Holding) •ENERGY: Theodore Rousopoulos (Former Vice Prime Minister and Minister of State, Greece) •INFRASTRUCTURE: Henry Cisneros (Former Housing and Urban Development Secretary, United States) *CONSUMER GOODS: Robert Radi (President & CEO, Integral Advantage, Inc.) •HEALTH: David Feinberg, MD (CEO, UCLA Ronald Reagan Hospitals) •TECHNOLOGY: Danton Mak (Principal, Sheldon Mak Rose Anderson) *LEGAL: David Fong (Partner, Asia Pacific Capital Group) •REAL ESTATE: Michael Mugel (Chairman/CEO, Red Mountain Retail Group) •ENTERTAINMENT: Scott Rosenfelt (Producer, "Home Alone" and over 70 top movies) *HOSPITALITY: Charles Noh (General Manager, Millennium Hotels and Resorts) •FASHION: Ming Lee Wilcox (CEO, Z-Ply Corporation) •ANIMATION: Kenny Yee (Principal, Wei Links Media Consultant) •INVESTMENT: Marshall Nickels (Professor, Finance and Investments at Pepperdine Business School) •GAMING: Javier De La Rosa (Former Executive, Las Vegas Sands - Venetian/Palazzo Resort Casinos - and Hilton Hotels Corp.) •FOOD SERVICES: Jimmy Huang (President, Tian Ren USA) •ARCHITECTURE: Victor Regnier and TAG Architects (Former Dean, USC School of Architecture and Professor, USC Gerontology School) Page 7 185 • Denotes Non Compensated Position SIGNATURES OF SUPPORT We the undersigned residents of the City of La. Quinta, hereby nominate A2ZE&P D. IZADI for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. © MOM • r E�� EWA• MvwxM Its IWA Vj WILAMr�a� MIM ma MW ,.9 6"i�ll _�� . . 186 SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quinta, hereby nominate for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. RESIDENCE ADDRESS �AA �m ® m, _�■ �m rs. mmum OFFICE USE ON , t INO. OF VALID SIGNATURES m.- 188 ...A� RECEIVED 2011 DEC 20 Pf7 1 52 QUINTACITY OF LA APPLICATION TO SERVE 'CITY OF LA QUINTA ON THE LA QUINTA CITY CLERK'S OFFICE CITY COUNCIL v NAME: ')DE M IRCDt5*jWl�� Date: HOME ADDRESS -5 � a 40 A11U. A W- - C*V R 00jZ A — (Must be a La Quints resident and a registered voter) MAILING ADDRESS IF DIFFERENT. LENGTH OF RESIDENCY IN LA QUINTA: fVeCtCS TELEPHONE: (HOME) ']IOO S(p�31'Z� BUSINESS iW 56q IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER BUSINESS ADDRESS POSITION HAVE YOU EVER ATTENDED A COUNCIL MEETING? lye-$ BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. _ th. _ '1— ( 1�t. h l 1 Biography J. "Joe" Malla Maldonado ran for City Council in 2010. He was one of six candidates seeking election. Mr. Maldonado self -funded his campaign and spent the required minimum, finishing fourth 15.11% (2,671) votes. He has worked in the entertainment business for over 30 years. Mr. Maldonado is principal of Malla Entertainment Group, a content development, brand integration, production, and talent management company with offices in Los Angeles and La Quinta, California. He also serves as the non - compensated chairman of the board of FilmMates Entertainment and as a consultant to numerous entertainment and new media companies. Mr. Maldonado joined FilmMates Partners LLC as Director of Business Development and Strategic Marketing in 2002; two years later, he was promoted to Vice President. In 2005, he was promoted to Senior Vice President, and successfully negotiated a strategic distribution partnership with Vivendi Entertainment which established the company's home video division. In 2006, Mr. Maldonado was appointed president. He was co-founder of the Producers Guild of America New Media Council (PGA) a non- profit organization, with over 4,000 members. Mr. Maldonado served on the Board of Governors 2002-2006, chaired the finance and sponsorship committees, and spearheaded with president and producer Kathleen Kennedy, the Guild's strategic alliance with INTEL Corporation. He is a graduate of the City College of New York where he received a BFA degree in Film Production. Mr. Maldonado co-founded and served as President of the Orange County -San Diego Chapter of the City College of New York Alumni Association from 2002-2005. He holds two certificates: one in Business Entrepreneurship from Fullerton College and the other in Television Broadcasting from the RCA Institutes. Additionally, Maldonado's production experience includes five years on the broadcast staff at WPIX TV Channel 11, New York, and the United Nations Television Production Studios. His film credits include producer, writer, and director of several short films. A former rock musician, he has composed, published and recorded over 40 songs. His Capitol Records debut album '"The Koala" was re-released on Fall Out records in 2008 to commemorate the band's 400, anniversary. He was lead vocalist with legendary rock guitarist The Joe Perry Project (Aerosmith) as well as several high profile New York City rock bands Revolver, Magic Tramps, BEST. Mr. Maldonado's music credits include the theme for United Nations Television PBS series "Man Builds Man Destroys" motion picture soundtracks "Kiss of Deception" and "Incident in the Park." ..4 190 Maldonado Biography continued He is married to Carol Ann Maldonado, a professional nanny, and a retired school teacher with the City of La Habra Child Development Center. They have two sons Kris and Kevin. Kris is a firefighter with the US Forest Service based in Lake Tahoe, California. Kevin is a construction industry professional and resides in La Habra, California. Joe and Carol moved to La Quinta in 2005. Joe was co-founder of the Concerned Citizen of La Quinta where he is still an active member. He is a volunteer at AMVETS Post 66 where he helps get veterans to hospital appointments. 2 191 City Council Questionnaire Describe ygur knowledge of the functions, regulations, and procedures of the La Ouinta City Council. The Council serves as the legislative and policy -making body of the City. The City Council is responsible for appointing the City Manager and City Attorney, serves as the Board of Directors of La Quinta Redevelopment Agency and Financing Authority. The Council also serves as the legislative authority for the La Quinta Lighting and Landscaping district. The council is comprised of five members and meets the V and 3rd Tuesday of each month. What specific issues or problems face La Ouinta, and do you have any suggestions to address those issues or problems? Future planning and development of Silver Rock Property: The green grass playgrounds of Palm Springs, Rancho Mirage, Palm Desert, Indian Wells and La Quinta are bleeding money and members. The recession has exposed the vulnerability of the business model between golf and real estate. I believe, as do many other community experts such as Tom Flavin CEO Coachella Valley Economic partnership, that things have changed for good. The culture is changing and we need to look at ways to adapt. Although Old Town La Quinta Village is a landmark attraction for tourists, many of the local's would rather go to the Westfield Mall or The River for a night out with the family. La Quinta needs a cultural hub, a place for the community to feel connected to there city. How we move forward in developing Silver Rock is strategically connected the out city's future growth, development and economy. Economic Development: Work with the council, local business leaders, entrepreneurs and the Chamber of Commerce to find ways to stimulate the local economy create jobs and bring more businesses to La Quinta. Partner with private sector to market and promote the city's quality of life, schools, recreation and opportunities. Public Safety and Law Enforcement. Work with council and the community to improve code enforcement stressing community outreach and develop programs to assist homeowners and renters. 192 City Council Questionnaire Continued City Council Meetings: I believe council meetings should be archived digitally, and repurposed for broadcast on local public access or via the internet and the La Quinta City website. My background in new media production and broadcasting will help in planning, and development from concept through completion and implementation. What specific attitudes skills and or expertise do you think you have which would enhance the performance of the La Quinta City Council • Integrity, passion, drive, energy and commitment to making our city the best place to live. • 30 years as a successful entrepreneur and business owner in the private sector; created jobs, strategic partnerships and growth opportunities • Leadership the ability to bring people together • Ability to thrive in a collaborative process • Resourceful, forward thinking and known for articulating an organization vision while energizing people all levels to attain goals. • Detailed -oriented, creative, problem solver with a propensity for achieving results. ..„ 193 SIGNATURES OF SUPPORT We, the undersigned residents, of the City of La Quints, hereby nominate J C M A&DnKipaaty for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. .r?^� RLSIDENCE �D•• �•. IA ��._:..:..o-'Iro y' 61 i r. .� ©.., �� C �.� � I*[Z►.I77 Quit... a,s�!�•�aZOA. Mo rA ,M.. 194 . , RECEIVED CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA CITY COUNCIL HOME ADDRESS .7 I ) j2 8LL CJL2Q- (: (Must be a La Quinta resident and a registered 2011 DEC 21 1111 9 06 'CITY OF LA QUINTA CITY CLERK'S OFFICE Date: 17-// W7,0�r i1 LENGTH OF RESIDENCY IN LA QUINTA: rtcy'5 q Morlf & TELEPHONE: (HOME)-160-2,gL-I,5:5Y BUSINESS 71W-343-QWJ XL7$ EMAIL: net FAX: '1bo-343-4111- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER Set tj I C e 11 SEX 11111149 POSITION P{ ,5 ►j eAt BUSINESS ADDRESS HAVE YOU EVER ATTENDED A COUNCIL MEETING? `I e.S BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council , j . , / /I L ariJ inukrs eel Cot l,�u l shop �d o � Lvider the QC.les or older_ Milo t/airtlny i5 a150 mcuidako,Ya 196 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? P.xce II coce- What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? Ln4f hofLCyk C(_Mou/)f oF-biAlle-- PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 191 Control No: 345626 Public Service Ethics Education Online Proof of Participation Certificate Data of Completion: Dec 02, 2011 Training Time*: 2 hr. 0 min. This course is an overview course on all public service ethics issues necessary to satisfy the requirements of Article 2.4 of Chapter 2 of Part 1 of Division 2 of idle 5 of the Government Code, Including the following: * Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict -of -Interest laws. * Laws relating to claiming perquisites ('perks') of office, Including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies. * Government transparency laws, including, but not limited to, financial Interest disclosure requirements and open government laws. * Laws relating to fair processes, Including, but not limited to, common law bias prohibitions, due and di qualification from participating in decisrequirements, Incompatible offices, ions affecting famile bidding requirements melmbers; and r publiccontracts, * General ethical principles relating to public service. The Fair Political Practices Commission and Attorney General have reviewed this course for course sufficiency and accuracy. By signing below, I certify that I fully reviewed the content of the entire online AS 1234 course approved by the Attorney General and Fair Political Practices Commission and am entitled to claim two hours of public service ethics law and principles credit Signature Richard Divine Particloant Name Riverside County Mental Health Board Agency Name NOTE TO PARTICIPANT: Please provfde a copy of hys proof of participation to the custodian for such records at your agency. in addition, we racommerd you make a copy of d9s proof of penidpation fur your own records to retain for at least five years. To preserve ft kdegdty of the ontlne certificadon process: these CQFW Bates are only available upon compiefing the online session.* To !"All .. !"Al•l 1234 mcerdcete must reffe�d Jirel J a nnLRY MIMAi1. elOII4Ol0 no SIGNATURES OF SUPPORT W� the un je�nod residents of the City of La Quinta, hereby nominate If A I V Wit for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. MME RESIDENCE ADDRESS FOR OFFI USE y 41 IAAJlfl/ -bw No. a STREET97511CJ KIDSeLaW- 1 .aA --Dd'i nd, Go 'PqdA53 ON N N0.88TRt TS//S G.Aue al-&o Z PRINT ma N diNG C"YA4 gIGN NO. a STREET CO RMEWWD 3 mwT to DIVINE cRv QUINT "Pq2 5 4 PRINT e - b� CITY ZIP sru rV� NO.aSTREETt5 je t� 5 __ PRINT c C - . ZIP - SIGN / ,•` NO. a STREET '7�s'L'/GJIi' %� Mf4G U 6 PRINT '> e4 ' ✓ GRr .�l li/.�, r zap Z. SIGN f' NO, a STREET _ CITY 41 � : PRWT .0 SIGN t NO. a ST�EET �L 8 PRINT (LI h7 L-t [ -- CITY Zm 9 SIGNa�WILCI 140.&! ,, f&--04"Ve LLq,�(� 9 PRINT f �yy an `�/'Ld� �i SIGNAfg NO. Ls A 10. PRINT i�ei Cm A ✓I LP �rr 11 WN PRINTailf_ v NO. a STRM53205 nv4+R' CITY ' ZIP q 1Z SIG+ PRMT r NO. S STREET f arY m 13 SIGN �� PRINT I' �: �, w� N0. S STREEy�'� ( cr G 4 — =1-- C" / � Gi (< C, • ZIP %??-S 14 SIGN PR NO. S STREET a5 sue' h2.� CITY aP 510 - TRE NO. SSET o eore CJp „r 15 CITY • No, a sTRE � C �-1 16 Cris?} CITY r� 17 NO.a T�,LCxVAru- V'-'I- - �C!'.�l117ts�zmL . �; O -� ' �— Slow I i��� c.. //��._� /milt• ,. � "ti✓i� � �� g m .r,�_ � h ! 7 J Iv�xw.....c+ u.. . 91 w .ww L li uIn ba- CA 2 C,3— �iC�Gf� A p, d i rr. - OFFICE USE ONLY N0.OF VALID SIGNATURES .I 200 i RECEIvtu CITY OF LA QUIK ncC 20 P� ? 43 APPLICATION TO S ON THE LA QUINTA'CITY OF LA QUIttTA CITY COUNCIL CLERK'S OFFICE ��N�� HOME ADDRESS 61405 l.-/IU i �U 1bja \t (Must be a La Quinta resident and a registered voter) MAILING ADDRESS IF DIFFERENT, CITY Date: 'YIO,201( LENGTH OF RESIDENCY IN LA QUINTA:r I EA16 TELEPHONE: HOME O `1' C76 ,56 (HOME o � BUSINESS / EMAIL: ��� YYIQI • C�7Y1 FAX: (766) 777' Ib IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER JeJPOSITION BUSINESS ADDRESS HAVE YOU EVER ATTENDED A COUNCIL MEETING? TE� BIOGRAPHICAL INFORMATION: Including education, work .experience, civic involvement and other background. You may attach a separate sheet if necessary. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. 201 APPLICATION, CITY COUNCIL PAGE 2 What speck issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? What speck attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 202 City of La Quinta Application for Council Appointment John J. Peaa Bio John Pena began his public service in 1982. He served on a school site task force with city and school district officials to locate school sites in the City of La Quinta. He was later appointed to serve as Chairman of the Human Relations Committee for the City of La Quinta. John was elected'to the La Quinta City Council in 1984. During his tenure, he served as Mayor Pm -Tern for two years and was selected by the city council to serve as Mayor from 1985-1986, during which time he also served as Interim City Manager. John was elected Mayor in 1988 and was re-elected to that position in 1990 and 1992 and served until 1995. He was elected Mayor in 1997. The two-year term was extended one year until 2000. Mayor Peria was unopposed for the November 2000 election and served until2002 when he did not seek re-election. Additionally, John Pena served as Chairman of Sunline Transit Agency and was a member of the Executive Board. Under his leadership as Chairman, Sunline Transit Agency began the process to convert its fleet from diesel to compressed natural gas, the first transit agency in the country to do so. John Pena served as Chairman of the Coachella Valley Association of Governments (CVAG) and was a member of the Executive Committee. CVAG is responsible for various regional planning and transportation issues as well as intergovernmental concerns throughout the Coachella Valley. John also created the East Valley Coalition bringing together the cities of Indio, Coachella, La Quinta and the County of Riverside to discuss issues facing the eastern Coachella Valley. John Pena has served on various Boards and Commissions throughout the Coachella Valley and Riverside County including, Chairman of the Palm Springs/Desert Resorts Convention & Visitors Bureau, Commission Member - Riverside County Transportation Commission, Commission Member L.A.F.C.O., Board of Governors John F. Kennedy Memorial Hospital, Court Appointed Special Advocates, La Quinta Arts Foundation, La Quinta Chamber of Commerce, Economic Development Committees, Riverside County Commission on Education, La Quinta High School Foundation and the Board of the Children's Discovery Museum. The Riverside County Board of Supervisors, representing 24 cities in the county, appointed him to serve on the Workforce Development Board. John is Principal of John Pei1a & Associates, a business and governmental relations consulting firm. His wife Sherry, is CEO of Emerald Presidio, Inc., a family owned food service business, Desert Cities Catering. They have two children. Page 1 of 2 0 203 03 John is a lifelong Coachella Valley resident. He graduated from Indio High School, attended College of the Desert where he was inducted into the Alumni Hall of Fame and earned a Bachelor of Arts Degree from California State University, Fullerton. He continued his postgraduate work at Western State University College of Law where he received his law degree. John Pena has received many honors throughout his public service including being one of ten United States Mayors selected by the Jewish Federation to travel to Israel for the International Conference of Mayors. He was also the Boy Scouts of America's selection for Distinguished Citizen of the Year and has received numerous awards and recognition for his leadership at the local and regional level. The Hispanic Community honored him for his leadership and promoting Hispanic awareness issues. He was a Distinguished Recipient Honoree of the P Annual Hispanic Awards. Current and Past Community Activities and Organizations: (Partial List) Past Member - La Quinta Rotary Member - La Quinta Chamber of Commerce Board of Directors Co -Chair Economic Development Business Retention Committee Former Advisory Board Member - La Quinta Arts Foundation Past Member - Riverside County Commission on the Future of Education College of the Desert Alumni Hall of Fame Former La Quinta Volunteer Fire Fighter (1991-1993) Past Board Member & President - Friends of the La Quinta Senior Center Past Board Member - Children's Discovery Museum Past Board Member - La Quinta High School Foundation Former Editorial Board Member - The Desert Sun Newspaper Former Political Talk Show Host - MediaOne Cable Board Member — Healthy Families Foundation Board of Governors - John F. Kennedy Memorial Hospital Past Board Member - Workforce Development Board, Representing 24 Cities in Riverside County 204 Page 2 of 2 La Quinta City Council Application Attachment Describe your knowledge of the functions, regulations and procedures of the La Quinta City Council. The City Council establishes City policies, sets priorities and goals while providing a vision, with citizen input, on the growth and development of the community. The council adopts ordinances and resolutions, makes land use decisions, approves agreements and contracts, and hears appeals and recommendations on decisions made by city staff or advisory committees. What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems Beyond the public safety issues that face every community the most pressing current issues are the economy and it's effect on local communities and businesses, the Redevelopment Agency and the search and appointment of a city manager. The council must continue to work with the development and business community to foster a sense of partnership. The city must look to its city charter to use all available tools at it disposal to be a leader in hard economic times. The city council can look to establish an Economic Development Commission drawing on the talents and expertise of residents to come up with ideas and approaches to generate revenue for the general fund. Having been through recruitment and interviewing potential city manager applicants I have developed a sense of how city staff and city council relate to various management styles. Sharing that experience will be valuable in the upcoming process. Whatspecific attitudes, skills and/or expertise do you thinkyou have which would enhance the performance of the La Quinta City Council? 1 bring a positive, can do attitude while working within a team approach to address and provide solutions to problems or issues facing the community and city council. My many years of experience on the city council, various committee appointments and the private sector have given me a unique perspective on how to deal with and approach public service. I am applying for this position because it's not about the individual but about service to the community, La Quinta. I have the time necessary to dedicate to the job and committee assignments. Having been raised and raising a family in the Coachella Valley gives me a point of view and historical relevance for decisions that will face the city council. We all talk about wanting our kids to grow up and help their community. Well, I am one of those kids. -.» 205 SIGNATURES OF SUPPORT We, ndersjgned residents of the City of La Quinta, hereby nominate {Ir for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. NAME ; RESIDENCE pi}DRESS. FOR OFFICE U 1 PRINT t _.1^Y (,�'n /f% CITY ; vl . - f k ZIP 4142i S3 9N3N NO. 8STREET Y 5 'A ✓ EAAL 2 PRINT ��J'4�0 CITY LA t1pti 3 SIGN NO. a STREET %I'a/o✓ c✓it ! - (� Ki. PRINT t>0 h ✓{. L- Cm _,J-; .: ". ZiP 4 ;ON NO.a STREE S7•fIZS f I.�f/{S ' •,� may. PRINT,DSSa Y" GJvh V R. CITY IJt tp`�fNfA ,T I V CITY SIC NO.aSTRE r.:t eute Au4N Dt _..._. I AilzutEe COY LA. aLLIaTA &A- "P92z53 7 SIGN NOA STREET 37 _ !2 � .L`� PRINT LP �j 8 SIGN NO.aB -j,v0(A� I.eX9lW (:�K- PRINT w AJ M. &'A_ CITY LAO 11 IAJI-kZIPQ r 3 9 SIGN NO. tM7.g P. YY O _ PRNT CITY Cy LP 10 SIGN a K, -- NO. T LOu„�� ZIP PRINT CITY ^ 11 SIGN q7 A&V NO. a STREET,j-I c .. P PRINT CITY L` Z 12 MON G.ar cl, 6 +n �Ov�cc___ NO.aSTREET PRINT -V Q Q V1 J uv-e. CITY u V C' Cif LP ! 13 SIGN LryA 4L NOASTREETR� J - LP_ _.y PMT Cm , 14 SIGN --- NO. a STREET < 11�__ •�.,� rJ Pamr CITY LA lJ In fT 7 UZa S SIGN , NO. a STREEIY_ I 7� v 15 PRINT CITY ZIP 16 SIGN ', V NO. a STREET PRINT crcY P 17 SIGN - NOA STREET - - 5 PRINT nPA -- ` Y dO cm Q t zip N. N 206 'T...l, NO. i aTREiLH'� - KS 1 MYLAXJ� ZIPJk M T�r> It� atom_ 1NO.&STFtMT arvL-, C�—t... zpcp2-5 s7 k000lF I,4v Q Hm&sTR"T93-aZ5 PNMQA $Fz(1MJLV� 1 UW F Wi Z- 01TYLA Qvt`irR Gk °L S 22' sM NO.asraEErl1S�S t11353 ^ k H 6AAT-F cnTLi,. Q.4 Cq ZIP EW No,�fia �N Bid .- ZIP • ny,_9� . 24 ✓ �� No. s aTFt a �� ParrZ _ cl". 6/iitl/19 aP c 61: , 25 26sNsr No.&$TRW 1504FAvr` v-tAsco , ocf34lGE 12. Yip, crtT zlPci 27 aroN No.s�a _ e d,n M_� PaINr zi C'n/,.g ui.J h .. i - 28 SMN Wtaa!-*YclNo. s MEET �In � - 6t of ia/0 -e CJYTi PRW 0" G Q. i'° rzS3 29 SIGN N. ' NO.6 STREET/' C v A{Jtr arc PWT I • , C cm C 30 atON — rw.saTREET i a — fu'�N� nP PRINT _ cn J!!�A OFFICE USE ONLY NO. OF VALID SIGNATURES 207 RECEIVED ATTACHMENT 4 all Olt 21 FIB 3 00 'CITY OF LA QUIt"ITA CITY CLERK'S OFFICE CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA CITY COUNCIL HOME ADDRESS 53 613 71<t Uiey,+ (Must be a La Quinta resident and a registered MAILING ADDRESS IF DIFFERENT. Date: / 17& / / LENGTH OF RESIDENCY IN LA QUINTA: YEARS iIj z -5 b eAm; TELEPHONE: (HOME)(3/o)oif- Q$A BUSINESS(%6o):06 EMAIL: /r19X /urndtr4 qmR/L.Cnrn FAX:�773-o933 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER 1Ja"FsER-r- A lc— POSITION I-P� v� fj E mye' biQtC7� BUSINESS ADDRESS i3 25S' Lbunrray (:"S -11VE Pbllkl >-;Z e 674 9yz� HAVE YOU EVER ATTENDED A COUNCIL MEETING? Y BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. 5E-4W SFkKT 7DRm q LOAlir ARM 7316S 4TTAefd Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. n1�srmib5 eF l6L CRAMB�R r4nge� f S_/in2 Lr�TI StAFr &11TH -•» 208 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? i I. •: G iF&CANU M dW"vEMEM 't 4rA&WAZ% /Af Tiff VUA. E/- What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT •.N 209 Ca Mitch Blumberg 55-613 Riviera La Quinta, CA 92253 Non -Profit Activities Tel (310) 308-6986 mgbiumberg@gmail.com Harvard Business School Chaired major Reunion Alumni Gift Campaigns. Organized Major Gifts Committee and Sections Committee with fundraising leaders in both categories. Harvard Business School class has 800 alumni -identified in ten fast -year sections. Strong bonding and "section" identity continues after graduation from the two year MBA Program. Set up innovative recognition program for donors. Working with the Fund Office and Alumni Staff at HBS, set a Business School and a university -wide record of participation and amount raised for major Reunion campaign. Houston Grand Opera — Houston, TX Served on the Board of Directors and on the Finance Committee for Houston Grand Opera, one of the top four opera companies in the U.S. Participated as HGO increased its annual budget from $4 million to over $22 million during a previous recessionary decade. Learned the organizational skills and donor recognition and appreciation techniques that accompanied the tremendous growth in fundraising during this period. Applied these techniques successfully in my class campaigns at Harvard Business School. Wortham Theater — Houston, TX Served on the initial Board and fundraising committee for the Wortham Theater, the new concert and performance hall for the Houston Grand Opera and the Houston Symphony. The city donated the land, but Houston's arts -oriented philanthropic community contributed $100 million for the new theater during a major recession in the city's primary oil and gas, and real estate industries. Sunshine Foundation — Beverly Hills, CA Chairman/CEO and Co -Founder of charitable foundation established to aid families with a child needing prosthetic eye care. Many insurance companies do not recognize the need to cover prosthetic eye care (deeming it `cosmetic'), and many families cannot afford the $5,000 - $10,000 cost of eye prosthetics which must be changed every two years or so during childhood growth. The Sunshine Foundation addresses this problem. Set up the legal structure and led the initial financing and fundraising campaigns for the Sunshine Foundation. All Saints Episcopal Church — Beverly Hills, CA Served on annual fundraising campaign for church. Identified and solicited donors. Raised funds from long dormant parishioners. .. of 210 St. Margaret's Episcopal Church — Palm Desert, CA Serve on Board of Trustees and as Treasurer of St. Margaret's Episcopal School (Pre-K through 8`s Grade, 180 students). Participate in fundraising programs for school. Also serve as a School representative on church -appointed Development Taskforce for the school. Serve as member of church Finance Committee. La Quinta Chamber of Commerce — La Quinta, CA Serve on the Board of Directors for the La Quinta Chamber of Commerce. Attracted new major hospital and medical industry sponsors at the highest financial level for the Chamber. Chair of Liaison Committee for Humana Challenge Golf Tournament (formerly Bob Hope Classic). Palm Desert Chamber of Commerce — Palm Desert, CA Serve on Legislative and Golf Cart Parade committees of Palm Desert Chamber of Commerce. PSWIFT (Palm Springs Women in Film & Television) — La Quinta, CA Serve on Board of Directors of organization supporting film and TV careers of women in the Coachella Valley. Serve on Broken Glass Awards (BGA) Committee (major annual Gala recognizing prominent women in arts and philanthropy who have "broken the glass ceiling" to provide opportunities and examples for other women. Co -Chair of 2012 BGA. Non -Profit Professional Experience Desert Arc Palm Desert, CA Deputy Executive Director for large non-profit serving 600 developmentally disabled people in the Coachella Valley. Desert Arc provides social services and employment opportunities for its clients, enhancing their quality of life by improving their self worth, human dignity and self-sufficiency. Involved in marketing, development, fundraising public & community relations activities as well as finance and administrative matters. - Business Experience (Past 10 years. Some overlap reflecting concurrent responsibilities.) Bradshaw Investment Companies La Quinta, CA . CEO/Partner of restaurant investment. Consultant, Board Member, Advisory Board Member of other Bradshaw Investments in the Internet and Educational Products industries. Ardent Entertainment Beverly Hills, CA President/CEO of film production and talent management company. AirIQ, Inc. Toronto, Ont Managing Director/Member of Board of Directors of public Internet-Telematics company listed on TSX. Advisory Board Member. Served on Audit and Compensation Committees. a 211 Vancouver, BC Managing Director/Member of Board of Directors of public Internet - Telecommunications company listed on TSX. Served on Governance and Compensation Committees. Merged eDispatch with AirIQ (see above). Suite I 01.com, Inc. Vancouver, BC President/CEO of public Internet company, Member, Board of Directors, served on Governance, Audit and Compensation committees, plus Chairman, Advisory Board. Merged public company into new entity, GeoGlobal Resources, listed on AMEX, a gas exploration company operating off the coast of India. (Previous five years. Also some overlap with concurrent responsibilities) Equity Group of Companies Vancouver, BC Member of Board of Directors of public investment companies. Served on Audit and Compensation Committees. RKO Pictures, Inc. Los Angeles, CA Executive Vice President, head of Legal and Business Affairs for Hollywood studio. FundAmerica, Inc. Irvine, CA President/CEO of large, private consumer benefits/financial services company. Previous Experience Venture Capitalist based in Houston, TX. President of David Mitchell Companies, a private real estate investment/development and venture capital company. Vice President of Commercial Real Estate Development for the real estate subsidiary of the Louis Dreyfus Corporation in New York, NY. Involved in real estate projects in Toronto and Montreal. Advertising Account Executive on major consumer products brands for J. Walter Thompson Company, New York, NY. Education Harvard Business School eDispatch.com Wireless Data, Inc. Boston, MA MBA Degree with Highest Honors (Baker Scholar — top 5% of class). Headed Student Government. Received J. Leslie Rollins Award (for the student who contributed the most to the Harvard Business School during the two year MBA program). University of Pennsylvania Law School Philadelphia, PA JD Degree, Full scholarship all three years. ,� 212 University of Pennsylvania Philadelphia, PA BA Degree. History major. Professional, Community, Non-profit, Volunteer Activities Member, Board of Directors, PSWIFT (Palm Springs Women in Film & Television) Member, Board of Directors, La Quinta Chamber of Commerce Member, Board of Directors, Treasurer, St. Margaret's Episcopal School, Palm Desert Member, Finance Committee, St. Margaret's Episcopal Church, Palm Desert Member, Board of Directors, Palm Desert Rotary Member, Legislative and Parade Committees, Palm Desert Chamber of Commerce Chairman/CEO and Co -Founder, The Sunshine Foundation, created to provide assistance to families with a child needing prosthetic eye care Member, Board of Directors, Harvard Business School Alumni Association representing worldwide alumni body President and Member, Board of Directors, Harvard Business School Club of Houston Adjunct Professor, Jesse Jones Graduate School of Administration, Rice University, Houston, TX. Created and taught a second year MBA course in Entrepreneurship based on the Harvard Business School course with permission from the Harvard Business School faculty. Innovative curriculum helped rank the course in the top three out of ninety courses in annual student surveys. Member, Board of Directors and Finance Committee, Houston Grand Opera Member, Board of Directors, Equinox Theater Company, Houston, TX Member, Council Member, Urban Land Institute Other professional and community activities include: La Quinta (Board), Indian Wells, Palm Desert, Rancho Mirage and Palm Springs Chambers of Commerce, Palm Springs Art Museum, La Quinta Arts Foundation, Independent Feature Project West, American Film Institute, Women In Film (LA), Harvard and Harvard Business School Clubs of Southern California, Harvard Club of New York City, University of Pennsylvania and Wharton Clubs of Southern California. -.0 213 Personal Information Born and raised in Philadelphia, PA. Resided in Philadelphia, New York, Boston, Toronto, Houston, Los Angeles, La Quinta, Indian Wells and Rancho Mirage, CA. Current resident of La Quinta, CA. Frequent travels to Vancouver, Toronto and Montreal. Traveled many times to Europe, several times to the Mid -East, frequently to Hawaii, once to Tokyo, several times to Mexico and throughout most of the U.S. Traveled to China with the Palm Desert Chamber of Commerce in November 2007. Member of Indian Wells Country Club and Membership Committee there. Member, St. Margaret's Episcopal Church in Palm Desert, CA. Attend Sacred Heart Catholic Church on Palm Desert. Single. December 2011 ..N 214 it Mitch Blumberg —Short Form Bio Mitch Blumberg is Deputy Executive Director of Desert Arc, one of the largest and oldest (52 years) non-profit agencies based in the Coachella Valley in Southern California. Desert Arc provides social services, vocational training and employment opportunities for 600 developmentally disabled adults from its central campus at Monterey and Country Club in Palm Desert and its satellite campus in Yucca Valley in the high desert. Mitch focuses on marketing, development, finance, government and community relations at Desert Arc and is involved in the full array of administrative management of the agency and its staff of 200 personnel. Mitch graduated with an MBA degree from Harvard Business School with Highest Honors (Baker Scholar — top 5% of class), a JD degree from the University of Pennsylvania Law School (full scholarship), and a BA degree from the University of Pennsylvania. Mitch served as a senior executive and director of public and private companies in the Internet and communications sectors as well as earlier activities in real estate investment and development, venture capital, entertainment (studio executive and film producer), financial services and private investments. Mitch is and has been involved as a director and officer of a number of civic, arts, community, alumni and church activities. Among his previous civic activities, Mitch served as an Adjunct Professor of Administrative Science at Rice University's Jones Graduate School Of Administration in Houston, Texas where he created and taught a second year MBA course lA Entrepreneurship (modeled on the Harvard Business School course) for ten years. Mitch is and fias.,been recently active as a Board Member of Rotary, Chamber of Commerce, St. Margaret's Episcopal School, and Palm Springs Women in Film & TV. Mitch currently resides in La Quinta, California. 0 215 SIGNATURES OF SUPPORT We, t e under Igned residents of the City of La Quinta, hereby nominate XT44LUN-gfPh- for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. Td S�IIR C +piMA R1�S1opr> Itts: ' , 2.?* g NO.i STREET 7 1 PfNr cRY fs3 SIGN NO. i STREET J Oq79 L-V> drJI1f CIA 2 MG MY is W-k- r-K- 21P 944-3 SIGN NO. a STREET G O 94'u` or Z 3 PmNr 1 enna b CITY0aaA' aP /r1P.M BNiN Q� �/ �- NO. i STREET .T`o .60 /1Yr„(0 ✓e/ 'V ' 4 Pawr ry •� d C� ✓��- cm t } aP 921X7 sNTN NO TAT 5 p""* Nd GK Icy aT`" Cap (A W-rA aP 3 Simi NO. i 8 / _ 6 PRINT cm l A v, if M 922 g No. a STREET ,27 O U. , cK. i �� crtr SlGN a GO NO.aSTREET d •' L C KEY S PRINT O6 CRY-Lc1 w. , Sim NM &STREET Q f 7,9,f 9 PRINT fL�" MY L aP 941 SIGN No. a STREET GS S to PRINT Z U L& Z 6 aw u h nP 9az> 3 SON NO. i STREET n.Dp 11 PRINT hcrrrUX k 9\)' 12 SIGN No. a _ ; L n w aP PRINT r S I SnN No. a ..e na, d 13 PRINT crry ZIP SIGN No asT w 14 PRINT CRY LA 1.1va4- ��fl-zsl.i SIGN NO. a STREETS/6 Y/ 15 Nae-v C610Cf- cRY t,p i rn a/P uS sNRN NO.iBTREET ��(o Ei.. �OlAdo 'J^ 16 //ve�A o cRr PYn aP4zxS5 81GN NO. a STREET 17 PRINT CRr G ZIP 22 216 IY21&A 6/umDe� • n m II i M.Im MEWIT NATOOFFICE USE ONLY INO. OF VALID SIGNATURES 211 r1t(;tIYED L1 CITY OF LA QUINTAII DEC 21 PM 2 17 APPLICATION TO SERVI Ty OF LA QUINTA ON THE LA QUINTPOITY CLERK'S OFFICE CITY COUNCIL HOME ADDRESS ')Y 2 U S— )O&PA11 DA /N 1--All) (Must be a La Quinta resident and a registered voter) Date: /Z 1d 2 e Li 17,7,A G _Q 9 ?Z.> 3 MAILING ADDRESS IF DIFFERENT ` LENGTH OF RESIDENCY IN LA QUINTA: 15 AAN TELEPHONE: (HOME)76O 39 J — 9 S71 BUSINESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER 1`7.S Q -.S 0. POSITION �W C14fn BUSINESS ADDRESS ,ft Lov I '-� 0 HAVE YOU EVER ATTENDED A COUNCIL MEETING? 7� BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. A ND%`61'L-G I��'1 e✓CI4�J (M�N'f' Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. r'r r( .21B APPLICATION, CITY COUNCIL PAGE 2 What speck issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? 1 HvI'Wk Above pass/5il,-�/irr PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 6 219 w SIGNATURES OF SUPPORT. J., IW the undersigned residents of the City of La Quinta, hereby nominate ri CJV) TLI_Ng;fi'�i for the Office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. 2 SON NOASTREET A 1 ftr CITv LJ+ ZIP 3 NO. & STREET 5//0 I v pn IN PRIXT CITY Zri LA Ou"4A VP MN q 4 As� INO. &STREE PRINT ICITY L4 Qfi.%1,4A- o"', ZIP SION 5 INO.& STREET PRINT SIGN ti PRINT 4--4j Eff -((A ON 7 NO. & STREET PRINT -'P Z� 8 SRS' NOA STREET ofdcA. PRINT. C ZIP C? SIGN 9 -& STREET- �J_ PRINT CITY z 224 :t SIGN.,.: 105, k'ok� PRIWNT SIGN 11 NO. I 4 ue 1006�1'c PRIM F�yl_d A -(VA ?IP7,LZ 12 SIGN NO. & STREET PRINT Z-/T 13 NO. & STREET T CITY RlW 14 s [p—� NO.& STREET,- w= alry 1-, UL"'kn-\a, ZIP 972 S 74 1$1 SIGN N O-&3TnET';,+-0;S Av�_ k4tf.;DO�I.A Imia CITY L^ �\j I W A C'K, 161SIGN NO. & STREET �_7 j PRINT (SIGN ITY Z19 7jP '?'7.7e-7 11 . 17 a STIR n' PRIM cli-Y La C 'A zip "I -.0 220 18 —PRINI . y NO. a STREET P. . 05 54�1c n Z e CITY � A 4 ol ZIP 3& 19PRINT �Cd-49i_ Naaa S! CGud. Q«.b�v • ZUSO clrr� r.�r L^P �5"3 MGM 20 Y NO. i TREEZIP PRMr SIGN 21 - .____...._._—s NO.i STREET p p O �7 y',! P�irt C ary 2 j ONd 22 PRINT ___ STREET'/),� 9.J : rtI CITY CITY ap ' SIGN 23 1���4." ---- — ' N0. a STREET /n c) PRnrt __ CITY . L. U. ZIPNOASL2j'T SIGN 24 PRINT . STREET 2L O q ,� jeg- A � 2_ �j CITY 23 SIGNM. a STREET 'S �/ . . C PRINT r G ZIP 3 26 PRINT f _ : CITY 27 SIRN � �� N—TIEFIrm-1 PRMT OLD _ CITY SIGN NO.a STREET TR 1 /e'�< 2l� a�i i. oyf r Etz z 29 PRINT . NO.as j, Sm3!e!•._v/n _l _ �.: SIGN 30 EETT28 fl PROM 1_.ZI.P 2. _s_' _3 . �l o ZIP 4Lz y..3 v OFFICE USE ONLY N0.OF VALID SIGNATURES N 221 CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA CITY COUNCIL NAME: LAw2EtJciz .,. Povc&=- Date: +2 izo/ it 0 =t c5 <=j HOMEADDRESS 70tnoo So+y\ebrosy,. n ^� (Must be a La Quinta resident and a registered voter rn MAILING ADDRESS IF DIFFERENT c n LENGTH OF RESIDENCY IN LA QUINTA: 03.0 Yeo.r s c TELEPHONE: (HOME)-7yo- 834-sirs- BUSINESS m n EMAIL: FAX: '7L0- 414-37gs- IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER A•..•. eau...te POSITION s4eva ;!t4 o"tcey' BUSINESSADDRESS zz-zso fog 11noG u¢ 7a. C"o m+rc yS HAVE YOU EVER ATTENDED A COUNCIL MEETING? Ye s BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. _T was bar" +n grave+ey CA_ ? mweA Aah� c:ay of L., QVAkci ... :ram • � i Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council TIe C:4.{ count:\ acxs \1\ce_ t\ its a eF -�2 eo .nw\yoke-5 vn Cray (awS qAA er.e ,r Pro$r4mn5 -4'ha4 mtke aaAwt-/ Pi- Wo-, In 4ue- uk F Q "4 b J4 onrl 1Mh.o✓ Or Ae- eil- cvanc.'f ArV14 W110 -Ire. &Irfto✓ YV&Mf- one U04-e. •th,emA.w..K r"5y also C-0how 4VW- 15rvu Y%S Ac+ 222 APPLICATION, CITY COUNCIL PAGE 2 What specific issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? a. 4 for vvwne fP tQVVC Pe\tce ecgica�rS Ao uvoi lG m -rvie- e/F 4 Ott 1A Q.4J1ni4. Tie. colt && aF %he_ Uacoi4 jea jr caA4,r -TtLv Gta%eS oW Level IC fJdtcEr reserves ry ye"r )AM"A r-.\ s j> t, a lnAtn. c 1F trul eMq rnA faiew -or V5: 4LC-kue A,upuSE m -their ed4 y. -7negG reserve. Potace oG tceYS r'..n 6 ,wF in Gti4YS< oG �Tv`C Procrahl -r Wool.! ce4m,4e- What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? Wa. n Po\cce a PWX-er For We. Sh¢rc4GS D¢Qo-d41MIPJ a AA Z %mAJe__Pvk MiSe\4 -N%V'0. h a teve,l Trr &qJ_ 1i Pot(ce etc14--! t d A*5 Nell 07e -A 34.-onr ,.n.(orS ridle/ of a,nl hawAeSA4J _r 'a g&,� NS Gs eyes aj V ar,� (i,GulA al,jn b ii4 -%ke ewn e( he u-s'-- V gW. - hesta¢rl4G ra VL(44G -to me an,( Caro /a 1 jue eµ;" ~Ae tJF LG/triwll. -7ehe stare �7ofd(erlv !n✓afeJ �n rr4i/ /SSvnS PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 223 Ponce; Lawrence V. Page I DEDICATED, WELL-ROUNDED, HARD WORKER APPLYING Mr. Lawrence V. Ponce 78-600 Bottlebntsh Drive La Quinta CA, 92253 Phone: 760-834-SIIS Fax: 760-619-3795 E-mail: lawrenceponce84@gmail.com Qualifications: • Self -motivated, bi-lingual, diligent, dedicated, manse, and well-rounded young man. • Assist in managing -equipment and necessities at current place of employment. • Pervious experience in managing, maintaining, and operating company fleet vehicles. • Ability to communicate well with individuals of all walks of life and backgrounds. • Well -versed in both the English and Spanish languages. • Exposure to many multi -cultural and diverse experiences. • Skills gained as a Police Explorer for the Palm Desert Police Department and as a seminarian for the Roman Catholic Diocese of San Bernardino. • Strong and fervent passion for community service and the betterment of people and society. Educa on: • May of 2011, Module III Public Safety Academy (graduated 3rd in class) • May of 2008, B.A. Political Science, BA. Philosophy, Loyola University, Chicago, IL • June of 2003, High School Diploma, La Quinta High School, La Quinta, CA Awards: Riverside County Sheriffs Department Lifesaving Award I was awarded the Life Saving Award in 2005 by the Riverside Sheriff Department. Given to a graduating senior in recognition for his outstanding commitment to his pastoral commitment. The recipient of St. Joseph's College Seminary's Cardinal Bernardin Good Shepherd Award is recognized for his active engagement in his preparation for ministry, participation in diverse apostolic activities, his serious reflection on his experiences, and for receiving outstanding evaluations and/or responding positively to supervision. Palm Desert Police Etalorer ofthe Year I was awarded Explorer of the Year by my police advisors in 2003. The award recognizes the explorer that has shown the most dedication towards the explorer post. Citizen of the Year for Fire Safety In November of 2005, I was named Citizen of the Year for fire safety. This award was given to me for my dedication towards the city of Palm Desert and for performing the Heimlich maneuver in a restaurant. » 224 Ponce, Lawrence V. Page 2 Work g medence' Intern for Supervisor John Benoit July 2011 present As an intern, I get the opportunity to see how county government functions and how it interacts with the federal, state, and local levels of government. Working in Supervisor Benoit's office also provides a perspective on how Supervisor Benoit creates public policy and how he assists constituents in resolving issues they have with the county government. The Loyola Collegiate Congressional Debate Association September 2008 June 2OL78 Participants are given the opportunity to compete with students from other colleges and universities in a style related to that of the United States Congress Students create topics, prepare research, and compete at various universities with... Securky Guard atArua Caliente Casino. Ranch Mirage. CA October, 2008 present I enforce all tribal laws and regulations in the casino buildings and grounds. I am responsible for maintaining a secure area during money drops on the gaming floor and enforcing that all individuals produce proper identification before they enter into secure areas of the casino. Rama Service Agent, SkvWestAirlinem Paine SPrimeS lnternattonglAirport CA February, 2010 — February, 1011 I carryout duties pertaining to the exterior pre-flight maintenance of the airs aft, marshal aircraft into position at their corresponding airport gates, loading, unloading, and sorting luggage and freight from the aircraft. Seminarian for the Diocese of San Bernardino, CA August, 1999- May, 2008 As a seminarian, I gained strong experience in interpersonal relationships by creating a mobile food dispensary for the poor in the inner-city of Chicago, taking classes on alcoholism, sexual addiction, and the importance of prayer within the life of a Christian man. ' I was a fill-in for the regular parish secretary whenever she would be absent from her duties at the parish. I presided over grave site interments and develop training material for different ministries within the parish of St. Francis of Assisi Church. Personal Assistant to Managing StaffofAmerican Earle Caneacv, Rancho Mirage, C4 2002 — 2004 I managed company vehicles, drove, tan errands, uploaded company information on the internet, and assisted in money handling operations. Volunteer Wodc Mssionaries ofCkarity (Mother Tema's nrms) May, 2007 -May, 2008 I worked for the Missionaries of Charity in Chicago, Illinois. For two summers, I traveled to Calcutta, India to help the Sisters operate several of their homes located there. Explorer Caprairt for the Palm Desert Pollee F.z knw Post 507 August, 1999—August, 2005 I was trained in many areas of law enforcement, such as Traffic Accident Investigation, Vehicle Stops, and Crowd Control. I also participated in the Explorer Academy in 2000. In 2004, I was named Jr. Advisor for the Explorer Academy. Minister of Care at Northwestern University Hospital ChX4M0, JE February, 2009 -April 2008 I paid visits to the infirm and dying at the hospital, prayed with them and offered spiritual comfort, and provided Holy Communion for them if they wished. 225 Ponce, Lawrence V. Page 3 R ees: Mr. Randy Kamm Police Sergeant, Riverside Canty Sheriff's Department 760-836-1624 Father Justin Da/i`ron, SJ. Associate Provost of Academic services for Loyola University, Chicago, IL 773412-0203 Mr. Man ad Garcia III 1-760-578-9528 226 SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quints, hereby nominate V. po..,eF for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. NAME RESIDENCE ADDRESS FOR OFFICE USE 1 SNNI - �,; �y-�G_� NO.a87RSET -� pinrNRalV4h aTM1.w nP1IZ"3 U�•otw Z swN No.asTR�r� h PRW ZIP " Aa. 3, - a J3a�kcKS a 4 8M No. a STREETA17-715TDUNCP (Jk / """rM( L C 6 aTM QUW7h aP S SIGN a. N0. a8 T VIA .,41CX PRNIT • v 'if aTM (,A v nP 9Z Zri i 6 SIGN , /�� NO' a8rREEr 537r"O AVEME)k VAU-t-V v PISNT f NJQ \ n'iCC t) I GITT Lfk ew'Al A aP ct, S3 . 7 eIGN No.a STREET j-.�- n"Y PaNr , " .A- aP ?Zz-Z 8 sxNl 4� No"""T53130 P,/\witM4Z voq�h=- PraNr 1 JOOM'� t-t%Pr(s aryL/k v1 NT Ic., Cam' VP j=r 9 swN 1 r.O �� No.a STREET V�Jr ��ko. r62,Wp /j /1 MP 10 6Rr7T No. a 87REET PRRIr l ? CITY Cs; c . G . aP . 22 S 11 SIGN -- NO.i STREET (.w O�,ha� r6 oRaT Q E /v A2 12 SqN No.ieTREET '( 6! / ye C aTMGaQv:l aP 9ZZS 13 awu NO- I-3""T bMhOr PRINT aTr aP _ 14 No.a 6S5 mP1•,C{' W OI : S TM1 �i r� l ra aP 15 SI Na iSTREET �S _ 1 PRI C7 o I F�� aP 16 9Nit1 -- L�SIu lV- CI �Yyv�a--A aP aTMG G "o a1 STR , tM'-'\A 171sIGN I P CITY to 221 ��. —Qu �� • e '� I f td �� ,:i. .� ��!• A M) knumm m - � o.r � OFFICE USE ONLY [NO,OF VALID SIGNATUMS 228 RECEIVED 2011 DEC 21 PM 3 31 CITY OF LA QUINTA CITY OF LA QUINTA APPLICATION TO SERVE CITY CLERK'S OFFICE ON THE LA QUINTA CITY COUNCIL NAME: 5htk-'1-L" 5"41Efl cloct Date: �2/z1 /II HOMEADDRESS �9g&5 GRIE'( kJOLF JjZAjt. LA O.0iliA cam_ 9�- 53 (Must be a La Quinta resident and a registered voter) MAILING ADDRESS IF DIFFERENT LENGTH OF RESIDENCY IN LA QUINTA: L1 y CAtZ5 TELEPHONE: (HOME) (-60) "7"71-`�b"-l3 BUSINESS 0G0) -1'7 11 EMAIL: Woo, coM IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD EMPLOYER I�(OV ANl f?A--�-ILOL POSITION , C-AV-rAI�J BUSINESSADDRESS -79'656 vAP-JC-k- hOAtD (••D\o CA. 92203 HAVE YOU EVER ATTENDED A COUNCIL MEETING? N o-f w Li4 4v L�%q BIOGRAPHICAL INFORMATION: Including education, work experience, civic involvement and other background. You may attach a separate sheet if necessary. A iNAc )A -0. Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council. T}IE LA (Q"TA CAN Covn1CIL MAKES DCCli1004 5t4C�j Aa 'i14E AL%-oC.a-QonJ 229 of FvjC)0(>S Hof- M30I 50L-4kcE5 , CommorJiT? 1)EJEL0PME^)1- PROIec.TS, 0R' 155HES OF LA,,jo JSE /Irio P,JDbET MaleaS. CoOdCIL MEMg4W4 PLESPOrJ7 -P Cor) i-Je"2roS of �1 f2 e(dS'rl Aw9 ALT A S A Jot LE Tb2- "TWf 1 D ErJ �5 pF & Q-c/a� GI'I`( o F 11s Q >( ✓T/a APPLICATION, CITY COUNCIL PAGE 2 What speck issues or problems face La Quinta, and do you have any suggestions to address those issues or problems? AS A tJCW CNI1 COI)JOL MEM(3E/Z, 2 v-)OULD vJA J i RJ Qv1CI<L`( LEA" 4(300'r TItE TRot3LcmS AtjD 155NES -1,4+Ec,)RgENT MEmBetLS HARE AL(zEA-D`f )DEjTIfIc'7 A NEEDVjb ArlrEjT)W, TIM 5\.IYLe (fFAT 74C MAvJ (SSJES 1/NC1A� ti\ Q�('J-rA A" Tke ISSUES 1;P%Lr4l EJOLq CornrA,)fJjV (Z\bRT N)xj. K"e Ta Do 0 1144 r,A rnJrjTR '5 SLMPknlls EC0rlonnq (IJE AkeD TD Fil\)Q /dA 5 TD ATTL^C-T /WD \�&EP (3Js(�6fsFs AA19 rZe5(9ErJU I^) LA &JO'rA• w)T{A 0\/EA-TE1) TE/A(4 of M A6 EMF� s PEn le�cx v) (1lJ (l�E eW , T t-1/ LEff(%Z No. 1 TD ViZDStrM SVL\J( \ 3SJES A-,JO J0R\z-"fb IpeiJTIf f 50LJ-1ROn1S -F4a r Af� IrJ0-1J5\,1C- of Pr\� AAC^A3E/4 �F �eai1 SO ITT c� ?EbVJ t-A� T.E,JJ(\-e .1J\-n4 of 0YiJ12r1S AJ9 1Ve s 31E%-1EJE -\1#A�-nq-'g� rJ Nis Tt> Tii?ST �E o PefJ Ta U STE Jti.11s a,Jr� OS ( r\✓E A rr rry C AN9 TEA -'I What specific attitudes, skills and/or expertise do you think you have which would enhance the performance of the La Quinta City Council? foRE/1osT T LnoK f0A-LJA-,D i0 COO Fe2a-"t11f LJ1iN A^3. 2LR�eS) i I� TA UT S'uG(_E5FJL Tf-AAA. BEUE✓E �^i -Z& yErafLS I,j CA,) E/,,�Me7JT ivR-1J(, (pie P,)3L1L sA fiF-N E>(-t�R-tcdce vJk\\cN 1S ArJ 1SSOE '-r-AAT IS A\�WA-IS 1MPo2TAJ-r7V CA`RZE,-)S (-J 74C GaMr^ooyl' ' T T(ZtnL-f CAO-e ASoJT CA tiy(-JTiA /arJC) Wa-JT 70 NE Q E JSJ2E A 6V-\0 RT %NA-C- %A- I'I1 A/`17 •/1S 1T�S. PLEASE RETURN THIS APPLICATION AND LIST OF SIGNATURES TO: CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 760-777-7103 230 Sherrell Sutherland 1. PERSONAL BACKGROUND INFORMATION Name and address: Sherrell Sutherland 77865 Grey Wolf Trail La Quinta CA 92253 Personal Information: I am 50 years old and a four year resident of La Quinta. I live with my partner Patricia Lockwood and her 17 year old son in Hidden Canyon in La Quinta. Education (Completed and on -going) Fullerton College: Associate of Arts Degree in General Education — June 1981 University of La Verne: Business Administration — 94.80 units completed College of the Desert — Currently enrolled California State University San Bernardino — current student (cross enrollment) Work Experience — Captain California Highway Patrol Over 26 years of law enforcement experience with the California Highway Patrol. Current Assignment - 7101107 to Present: Indio Area Commander I am responsible for the planning, organization, direction, coordination, budget, and control of CHP operations and functions within the Indio designated patrol area. I also manage the Indio Dispatch Center, public safety dispatch supervisors, dispatchers, a lieutenant, sergeants, and other necessary personnel, ensuring the efficient operation of the command. I plan for the effective control of major incidents, and formulate solutions to potential and existing issues and follow through contingencies. I maintain sound public relations between the Department, the citizens, allied and private agencies, and legislators through personal contacts and appearances. Professional Organization Memberships California Peace Officers Association California Association of Highway Patrolmen Law Enforcement Advisory Committee — College of the Desert Coachella Valley Chiefs Association Coachella Valley Gang Task Force Executive Board Community Involvement Activities Volunteer — Special Olympics - torch run, Tip -A -Chip, pull -a -plane event Volunteer — Arthritis; Foundation — 3 mile walk/run 231 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quinta, hereby nominate SHERRELt- 5,j I j4er I AN p for the. office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. N � '%.^i is _ -. - - NO. & STREET 9 7 -Y (, S 2C Hlo I SIGN 1 PRINT f .q' (n C �)k k-JO-i d CITY LA p J, A iz aP 9 Z 253 SIGN • NO. & STREET 7(AW, ! Adr41W� �O/ G7% 2 Pp T �^ ✓ A,✓M CITY �.� - aP i'adS3 SIGN NO.&STREETggS4q M WIN6 aq CT. 3 PRINTF �! Wl cm Lk Q ar 9 53 SIGN NO. & STREET 4 PRINT CITY / ap qad 53 (S1TR�EET 5 SIGN n v moyc.,- v\ NO.6 �Aw YU n (n PRIM d CITY aP SIGN NO. & STREET S I I G� bVao) e 6 PRINT4 a.SYht\-r' l C�iL -' 1IO CITY I� QV I r GTE ZIP Zl zt22 SIGN NO. & STREET _ 7 PRINTCITY aP 4 l J SIGN NO. &STREET 8 PRINTCITY G P 922 SIGN - NO. & STREET 78g5o S+ KY(,rLo WAy 9 PRINT C-1-f CITY LA Qr-(\Nil4 ZIP 97-Z33 SIGN NO. & STREET K 10 PRINT CITY / .. ZIPr c..t".I SIN NO. & STREET 79/1 S f-✓ 11 PRINT CITY ZIP Izz ,,4- SIGN. A/, s�,,,-/- NO. &STREE _X 5 -t S 12 PRINT AAke g. G I l b2^f� CITY �yl Co{. aP SIGN NO. & STREET4r j 13 vwNr ��l0 0. l l e� CITY a i,SIGN NO. & STRE14 PwNr WL CITY15SIGN NO. & S PRWT / r aCITY SIGN NO.&STRE PRINT cm LP SIGN NO.6 STREET sh IIh/ i� PRNT tie M kl CIIYi oil zw 3 mom WjWKS.. rl11i'�, W %1 AM, 111A O ry . La_7� i1 • tq 117 � � . /EN m'ta ald �a�1!�L . n. iRlf% -I.-� r �� I&M-FAIMMAIII6741'AT, A j ... ..�.01 W M&MMMS,-!: . r &7/, m W OFFICE USE ONLY NO- OF VALID SIGNATURES zJ� 3 233 PRINT Cm ZIP 17 SNiN NO. & STREET PRINT CITY aP SIGN NO.6 STREET V/i/iS /%A,2A/0C4CIE 18 PRINT f7,{(Oy q. ZA&o/LSJT CITY t. dv)) +- aP gzZT3,. SIGN .� NO.3 STREET 77787- Pkt+y £sP[A..144E d, 19 PwNT �L,I3tev Nf`Louo CITY Lo- Qw Jr4 ZIP 922-s3 SIGN NO. S STREET /. / q t55 . i v; 20 P c� µ. rsK I CITY a �o53 SIGN NO.6 STREET �(j,l-i Alkc S2, l'l/-3 21 PRINTV. CITY L� aP .L�5-3 D !Ej�� SIGN NO. S, STREET Y 22 PRIMaw CITY \ ZIP SIGN NO. & STREET 12!C) 1 o� W 23 PRINT CITY i ZIP zzc l�3 24 SIGN NO. S STREET I O CT Y cm aP PRINT SIGN NO. S STREET 25 PRMT CITY aP Z 2) 3 LCtdl FA) SIGN NO.6 STREET 26 PRINT CITY ZIP SIGN NO. S STREET 27 PRINT CITY ZIP SIGN. NO. #STREET 28 PRINT - CITY ZIP - SIGN NO. S STREET 29 PRINT CITY MP NO.6 STREET 30 �SIGNT IN Cm ZIP OFFICE USE ONLY FNo. VALID SIGNATURES 313 13 t 234 CITY OF LA QUINTA APPLICATION TO SERVE ON THE LA QUINTA CITY COUNCIL NAME: Robert W. HOME ADDRESS 44300 Camino Azul, La Quints, CA. 92253 (Must be a La Quints resident and eligible to TELEPHONE: (HOME) 760-200-2310 BUSINE EMAIL: RobertWW55Ccilaol.com FAX: 760-200-2495_ BUSINESS ADDRESS: 44300 Camino Azul, La Quinta. IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) 1 Suntech Companies, LENGTH OF RESIDENCE IN LA QUINTA: 11 HAVE YOU EVER ATTENDED A COUNCIL MEETING? YES, loll p�i� Date: 2oIRf911 38 CITY OF LA QUINTA CITY CLERK'S OFFICE the City.) 760-861-6666 HOLD 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. La Quinta Planning Commissioner since 2007 Suntech Companies: Consultant, to Owners and Principles for residential, commercial and light Industrial developments. Direct engineering, architectural, construction entitlement processes and Bid cost analysis. As project construction requires I would also over see progress and circumvent complications to avoid potential cost over runs or delays. Suntech Energy: Part of our company's services evolved into rene performance analysis and contact the original installer if under war panels to bring the energy back up to original performance levels. Inventor and Patent holder of integrated photovoltaic solar roof n styles roof tiles. Currently developing new marketing and manufacti. Currently has patents pending on a passive water recovery, energ Suntech Construction: General Contractors License 932138, a Coachella. Board Member, 2003-Present, Vista Santa Rosa Community G Appointed 2005-2008 by Roy Wilson to Riverside County Guid< La Quinta Rotary Member, President Elect, Speaker Chairman, Member 2001-Present, Southwest Community Church, Home Gi renewable solar panels. We run a if service is needed. We dean the lea for Spanish, Roman and Slate agreements for product distribution. irage, irrigation and textile designs. contracting for tenant finish out in Task Force for Vista Santa Rosa Youth Leadership Chairman. leader, Duroville and Mexico projects, 235 I have been actively involved in future planning for Riverside County VSR that includes La Quints's eastern Sphere of Influence for several years. This task force is dormant. I have developed working relationships over the last 10 years with Riverside County and several Coachella Valley cities on various residential, multifamily, commercial and light industrial projects. I have worked on project engineering, architecture, planning, development and construction in 3 states over 30 years. Current projects include 3 residential and 1 light industrial in Riverside County, 3 auto dealerships (on hold) in Indio, 1 tenant improvement in Coachella. Family: Married to Nancy for 29 years, 4 children, three men and a lady Christopher 28, work in Wash. D.C. Graduate BA Texas Tech Kyle 26, CPA Grant Thornton in Phoenix, AZ., Masters Degree Taxation ASU Courtney 22, Senior University of California at Santa Barbara Kirk 18, Freshman at University of Oregon Education: Southern Oregon State University, Ashland Oregon, pursued Bachelor degree in Business Administration Lane Community Junior College, Eugene, Oregon Springfield High School, Springfield, Oregon Assorted hobbies: hiking, tennis, reading, writing poetry, travel, running Health: Excellent Last check up August 2011 Cholesterol 131 Resting pulse 49 236 APPLICATION, CITY COUNCIL PAGE 3 Describe your knowledge of the functions, regulations, and procedures of the La Quinta City Council To Review prepared staff reports and discuss with City staff, or in Council advisory meetings and make site visits to evaluate projects and proposals presented to the City Council for recommendation. Attend regular public policy programs and Council training sessions to improve evaluation abilities and to maintain the highest possible ethics when reviewing and recommending a fording to the City of La Quinta. Assist in maintaining a positive climate to help current and future residence and businesses in La Quinta. What specific issues or problems face the La Quinta and do you have any suggestions to address those issues or problems? 1. Traffic: Planning of roadways and intersections to accommodate increased traffic through and around City will help maintain La Quinta's livability. 2. Parks, Open Space and Trails: Develop new parks and pathways at the white water wash and other available connective spaces to further enhance La Quinta's community atmosphere. 3. Cove: Improve the Cove infustructor by gradually modifying utilities underground and improving signage. 4. Future Growth: New life to Old projects. We will need to fast track some existing project for renewed interest for new owners. 5. RDA: Formulate a plan to effectively medicate any new changes to RDA territories, funds, procedures or policies. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta City Council? One would be the current 5 year positive working relationship that I have with the Planning Commissioners, La Quinta Staff and the City Council. The increased knowledge ofoperations codes, guidelines and protocol affords me the growing opportunity to improve my performance as a City Council member to better serve La Quinta. I would of course come to the meetings prepared, informed already familiar with operations and procedures but additionally in my business I interact with other Coachella Valley governments such as Palm Desert, Coachella, Indio, Rancho Mirage and Riverside County on regular bases which provides another source of information and prospective that can aid my abilities to contribute to La Quinta. PLEASE RETURN THIS APPLICATION TO: •4 231 SIGNATURES OF SUPPORT W , the unde igned residents of the City of La Quinta, hereby nominate V 41117276,✓t-,y for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. YOM n �.�M�' r �/��! � �:.. __EI►r��®�.'"'� �_ ....jam}�.,'1'1R!!'� �::t' � _ �Llt%I!/Il/L I �.. A ... . IAl1�A��_ - ., = ■cam, m� -� _ .. �.:...�. miAN m a 4 238 M� SIGNATURES OF SUPPORT We, the undersigned residents of the City of La Quints, hereby nominate �gBiRl' 14,491yvAl for the office of City Council of said City, to be considered by the City Council for appointment to fill an unexpired term expiring November 6, 2012. S5 ADDRESS ,► ,� I�L�" �� Ulm M . .. ®Gib', .- �• � � ,,r _ ' ` �'' N • r��.� RAW) ?aP 2(Ap I 1 239 Department Report: f A a, it . RO�y C TO: The Honorable Mayor and Members ofthe City Council FROM: Mark Weiss, Interim City Manager Me-) DATE: January 3, 2011 SUBJECT: Department Report - Response to Public Comment The following public comment was made at the December 20, 2011 City Council meeting: 1. Kay Wolff, 77227 Calle Ensenada, urged the City Council to appoint a person who pledges they have no intention to run in the November 2012 election. She encouraged the Council to dispel rumors of the preconceived decision of the appointment with as little as two votes of the Council. City Attorney Jenson explained a majority of three affirmative votes is required to make the appointment to the City Council and further stated the Council cannot impose such a restriction, but can request pledges of the applicant. 240 FCF`y OF TKF'4 . LA QUINTA CITY COUNCIL ADDENDUM TO AGENDA Regular Meeting TUESDAY, JANUARY 3, 2012 AT 4 BUSINESS SESSION 2. CONSIDERATION OF WHETHER THE CITY WISHES TO SERVE AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34173. DECLARATION OF POSTING I, Susan Maysels, Deputy City Clerk of the City of La Quinta; do hereby declare that the foregoing agenda for the La Quinta City Council meeting of January 3, 2012, 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 30, 2011. DATED: December 30, 2011 SUSAN MAYSELS, Dep ty City Clerk City of La Quinta, California 241 a �� 5w cFnf OF AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 3, 2012 CONSENT CALENDAR: _ ITEM TITLE: Consideration of Whether the City Wishes to STUDY SESSION: Serve As Successor Agency to the La Quinta Redevelopment Agency Pursuant to Health & Safety PUBLIC HEARING: Code Section 34173 RECOMMENDATION: Adopt a Resolution electing to have the City of La Quinta serve as the Successor Agency to the La Quinta Redevelopment Agency pursuant to Health & Safety Code Section 34173(d)(1). FISCAL IMPLICATIONS: As the "Successor Agency" to the La Quinta Redevelopment Agency, the City would incur certain administrative costs. ABx1 26 provides that a successor agency is entitled to get up to 5% of the 2011/2012 Tax Increment and 3% of the Tax Increment for each year after that, but not less than $250,000 per year, for administrative costs. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On December 29, 2011, the California Supreme Court upheld AB 26x1, which dissolves all of the redevelopment agencies in California, and struck down AB 27x1, which allowed redevelopment agencies to remain in existence if the opted in to the "Voluntary Alternative Redevelopment Program" ("VARP"). The City had opted into the VARP by adopting Ordinance No. 491. Because the Agency was going to remain in existence, the City was not required to decide whether it wished to be the Successor Agency to the Agency. Now that the VARP program has been stricken by the Court, the City has the option of deciding whether or not it wishes to serve as the Successor Agency to the Agency. In general, all of the assets, properties, contracts, leases, and records 242 of the Agency are to be transferred to the Successor Agency. Subject to monitoring by, and in some cases the approval of, an Oversight Board, the Successor Agency is responsible for the winding up of the Agency's obligations and affairs. City staff and the City Attorney recommend that the City undertake this obligation. In carrying out this obligation, ABx1 26 limits the liability of the Successor Agency to: "the extent of the total sum of property tax revenues it receives pursuant to this part [Part 1.851 and the value of the assets transferred to it as the successor agency for a dissolved redevelopment agency." If the City elects not to serve as the "Successor Agency", the first taxing agency that submits a resolution electing to be the .Successor Agency" for the redevelopment agency would be permitted to serve in that role. Given the level of discretion that the Successor Agency will have over how to handle the Agency's dissolution, the City of La Quinta is best served by serving as the Successor Agency. Technically, Health & Safety Code Section 34173(d)(1) states that the City would become the successor agency unless it elects not to serve in that function. However, just for clarity, the City Attorney recommends that the. City Council take an affirmative action to elect to serve in that role. In footnote 25 of the Supreme Court's decision, the Court indicated that it was extending the deadline for making the election only to January 13, 2012. For this reason, staff opted to add this to the agenda via a supplemental posting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution electing to have the City of La Quinta serve as the Successor Agency to the La Quinta Redevelopment Agency pursuant to Health & Safety Code Section 34173(d)(1). 2. Adopt a Resolution in which the City elects not to serve as the Successor Agency to the La Quinta Redevelopment Agency pursuant to Health & Safety Code Section 34173(d)(1). 3. Provide staff with alternative direction. " 243 Respectfully submitted, M. Katherine Jens , City At orney Approved for submission by: John M. Falconer, Acting Interim City Manager 244 RESOLUTION NO. 2012 - 002 A RESOLUTION OF THE LA QUINTA CITY COUNCIL OF THE CITY OF LA QUINTA CALIFORNIA ELECTING TO HAVE THE CITY OF LA QUINTA SERVE AS THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTION 34173 AND ELECTING TO HAVE THE LA QUINTA HOUSING AUTHORITY RETAIN THE HOUSING ASSETS AND HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE LA QUINTA REDEVELOPMENT AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34176 WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq. ("CRL"); and WHEREAS, the City of La Quinta is a municipal corporation and charter city under the Constitution of the State of California ("City"); and WHEREAS, on December 29, 2011, in California Redevelopment Association v. Matosantos, Case No. S194861, the California Supreme Court upheld AB 26x1, which dissolves all of the redevelopment agencies in California, and struck down AB 27x1, which allowed redevelopment agencies to remain in existence if the opted in to the "Voluntary Alternative Redevelopment Program" ("VARP").; and WHEREAS, the City had opted into the VARP by adopting Ordinance No. 491; and WHEREAS, because the Agency was going to remain in existence, the City was not required to decide whether it wished to be the Successor Agency to the Agency; and WHEREAS, now that the VARP program has been stricken by the Court, the City has the option of deciding whether or not it wishes to serve as the Successor Agency to the Agency; and WHEREAS, in footnote 25 of the Supreme Court's decision, the Court extended the deadline for making the election only to January 13, 2012; and WHEREAS, the City Council has determined that it is in the best interest of 245 Resolution 2012-002 Naming the City as Successor Agency to the RDA Adopted: January 3, 2012 Page 2 the City of La Quinta for the City to serve as the Successor Agency; and WHEREAS, pursuant to Health & Safety Code Section 34173(d)(1), the City would automatically became the Successor Agency unless it affirmatively elected not to serve as the Successor Agency by Resolution, but the City wishes to express its intention to serve as the Successor Agency to the La Quinta Redevelopment Agency; and WHEREAS, pursuant to Health & Safety Code Section 34176, the City could either opt to retain the housing assets and functions previously performed by the La Quinta Redevelopment Agency or, by default, allow those assets and functions to be assigned to and assumed by the La Quinta Housing Authority; WHEREAS, the City wishes to express its intention to have the La Quinta Housing Authority assume all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the La Quinta Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, as follows: SECTION 1. The above recitals are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council hereby affirmatively elects pursuant to Health & Safety Code Section 34173(d)(1) to serve as the Successor Agency to the La Quinta Redevelopment Agency. SECTION 3. The City Council hereby elects to have the La Quinta Housing Authority assume all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the La Quinta Redevelopment Agency in accordance with Health & Safety Code Section 34176. SECTION 4. The Interim City Manager and is hereby authorized and directed to take such other and further actions, and sign such other and further documents, as is necessary and proper in order to implement this Resolution on behalf of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3ntl day of January 2012, by the following vote: 246 Resolution 2012-002 Naming the City as Successor Agency to the RDA Adopted: January 3, 2012 Page 3 AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, MAYOR City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 247