The URL can be used to link to this page

2002 10 15 CCIV. T4&t 4 XP Q" City Council Agendas are available on the City's web page @www.la-quinta.org City Council Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico - La auinta, California 92253 Regular Meeting Tuesday, October 15, 2002 - 2:00 a.m. Beginning Res. No. 2002-138 Ord. No. 377 CALL TO ORDER ROLL CALL: Council Members: Adolph, Henderson, Perkins, Sniff, Mayor Pelia 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. Please watch the timing device on the podium. CLOSED SESSION - NONE NOTE: Time permitting, the City Council may conduct Closed Session discussions during the dinner recess. Additionally, persons identified as negotiating parties, do not attend the closed session when the City is considering acquisition of real property. PLEDGE OF ALLEGIANCE RECONVENE 3:00 P.M. 0 b 1 City Council Agenda Page 1 October 15, 2002 V. PUBLIC COMMENT At this time, members of the public may address the City Council on items that appear within the Consent Calendar or matters that are not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. When you are called to speak, please come forward and state your name for the record. Please watch the timing device on the podium. For all Business Session matters or Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak to come forward at the appropriate time. VI. CONFIRMATION OF AGENDA VII. PRESENTATIONS PRESENTATION TO FINANCE DIRECTOR AND CITY COUNCIL OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA. Vill. WRITTEN CORRESPONDENCE IX. APPROVAL OF MINUTES APPROVAL OF THE MINUTES OF THE MEETING OF OCTOBER 1, 2002. X. CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion unless requested for separate consideration by a member of the City Council or the public. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 15, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT DATED AUGUST 31, 2002. 3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORTS DATED AUGUST 31, 2002, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2002. 4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28545-2, LA QUINTA HOTEL AND RESORTS, KSL DESERT RESORTS, INC. AND AUTHORIZATION TO ENTER INTO A SEPARATE SUBDIVISION IMPROVEMENT AGREEMENT FOR IMPROVEMENTS ALONG AVENIDA FERNANDO. 5. APPROVAL OF AND AUTHORIZATION TO SEND OUT A REQUEST FOR PROPOSALS (RFP) FOR PURCHASE OF FINANCIAL SOFTWARE APPLICATIONS AND APPOINT A SELECTION COMMITTEE. City Council Agenda Page 2 October 15, 2002 XI. BUSINESS SESSION CONSIDERATION OF A REQUEST FOR FUNDING RECEIVED FROM THE BOB HOPE CHRYSLER CLASSIC. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A REIMBURSEMENT AGREEMENT FOR PARKWAY LANDSCAPING AT EISENHOWER DRIVE AND AVENUE 50, STREET RIGHT-OF-WAY ADJACENT TO THE LA QUINTA COUNTRY CLUB AND A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). A. RESOLUTION ACTION 3. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION ON VIOLATION OF FRONT/SIDE YARD SETBACK, SATELLITE DISH LOCATION, AND CONSTRUCTION WITHOUT A PERMIT AT 53-750 AVENIDA OBREGON. APPELLANT: BILL AND JAN TURNER. A. MINUTE ORDER ACTION 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO "CONFLICT OF INTEREST CODE". A. MOTION TO TAKE UP ORDINANCE NO. BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING. B. MOTION TO INTRODUCE ORDINANCE NO. ON FIRST READING. 5. CONSIDERATION OF ENDORSEMENT OF PROPOSITION 50, THE CLEAN WATER AND COASTAL PROTECTION BOND. A. MINUTE ORDER ACTION XII. STUDY SESSION - None XIII. REPORTS AND INFORMATIONAL ITEMS 1. CITY COUNCIL AD HOC COMMITTEE REPORTS - DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE MINUTES OF SEPTEMBER 25, 2002 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (SNIFF) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE (HENDERSON) 8. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 9. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 10. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 11. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PEAA) 13. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) City Council Agenda Page 3 October 15, 2002 XIII XIV REPORTS AND INFORMATIONAL ITEMS - continued 14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA) 15. INVESTMENT ADVISORY BOARD MINUTES OF SEPTEMBER 18, 2002 16. CULTURAL ARTS COMMISSION MINUTES OF SEPTEMBER 12, 2002 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENT 2. CITY ATTORNEY 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DIRECTOR MONTHLY REPORT FOR SEPTEMBER 2002 5. COMMUNITY DEVELOPMENT DIRECTOR 6. COMMUNITY SERVICES DIRECTOR MONTHLY REPORT FOR SEPTEMBER 2002 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER MONTHLY REPORT FOR SEPTEMBER 2002 9. POLICE CHIEF MONTHLY REPORT FOR SEPTEMBER 2002 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. XVI. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak form" and limit your comments to three (3) minutes. Please watch the timing device on the podium. XVII. PRESENTATIONS XVIII. PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments td the La auinta City Council/ Redevelopment Agency before a public hearing or may appear and be heard in support of, or in opposition to, the approval of the projects► at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. City Council Agenda Page 4 G04 October 15, 2002 1. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT 2001-41 1 REVISED; 2) CONSIDERATION OF SPECIFIC PLAN 2001-051 AMENDMENT NO. 1, A REQUEST TO MODIFY LAND USE AND DEVELOPMENT STANDARDS FOR A 33-ACRE MIXED LAND USE PROJECT LOCATED ON THE NORTHEAST CORNER OF EISENHOWER DRIVE AND CALLE TAMPICO; AND 3) VILLAGE USE PERMIT 2001-007 AMENDMENT NO. 1, A REQUEST TO DEVELOP A 200- UNIT APARTMENT COMPLEX AND TWO COMMERCIAL BUILDINGS ON 12.04 ACRES WITHIN PLANNING AREAS 1 AND 2. APPLICANT CAMEO HOMES. Continued from the meeting of October 1, 2002. A. RESOLUTION ACTION 2. PUBLIC HEARING ON ZONING CODE AMENDMENT 2002-072, A REQUEST TO AMEND CHAPTER 9.60.030 - FENCES AND WALLS, OF THE LA QUINTA MUNICIPAL CODE TO PERMIT SPLIT -RAIL FENCING IN THE FRONT YARD WITHIN RESIDENTIAL ZONES. A. RESOLUTION ACTION(S) 3. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY TO CONSIDER A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND SENIOR AFFORDABLE HOUSING CORP NO. 3 (SAHC). THE PURPOSE OF THE HEARING IS TO RECEIVE PUBLIC TESTIMONY ON THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT FOR AFFORDABLE COVENANTS WITH SAHC THAT WOULD FACILITATE SAHC TO CONSTRUCT 80 SENIOR RENTAL UNITS ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ADAMS STREET AND AVENUE 47. SAHC WILL MAKE THE UNITS AVAILABLE AT AFFORDABLE RENTAL RATES. A. RESOLUTION ACTION(S) XIX. ADJOURNMENT Adjourn to a regularly scheduled City Council Meeting to be held November 5, 2002, at 2:00 p.m in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253, commencing with closed session items at 2:00 p.m. and open business session at 3:00 p.m. 0 0�T City Council Agenda Page 5 October 15, 2002 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of Tuesday, October 15, 2002, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 111, on Friday, October 11, 2002 DATED: October 11, 2002 J� �� JUNE S. GREEK, CIVIC 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 777-7025, 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, arrangements should be made in advance by contacting the City Clerk's Office at 777- 7025. 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 3:00 p.m session or the 7:00 p.m session. qr>6 City Council Agenda Page 6 October 15, 2002 c&ht 4 V Y I �S AGENDA CATEGORY: OF fY�9 COUNCIL/RDA MEETING DATE: OCTOBER 15, 2002 ITEM TITLE: Demand Register Dated October 15, 2002 RECOMMENDATION: Approve Demand Register Dated October 15, 2002 BACKGROUND: Prepaid Warrants: 51080 - 51114) 64,806.46 51115 - 51128) 19,565.24 51129 - 51146) 65,551.95 51147 - 51150) 168,637.60 Wire Transfers} 27,725.62 P/R 9551 - 96341 115,677.81 P/R Tax Transfers} 30,982.04 Payable Warrants: 51151 - 51279) 512,097.44 $1,005,044.16 FISCAL IMPLICATIONS: Demand of Cash -City $907,083.68 Demand of Cash -RDA $97,960.48 , Ein*e Director BUSINESS SESSION / CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 9/25/02 - 10/08/02 9/27/02 WIRE TRANSFER - DEFERRED COMP $11,332.62 9/27/02 WIRE TRANSFER - PERS $10,751.00 9/27/02 WIRE TRANSFER - CREDIT UNION $5,642.00 TOTAL WIRE TRANSFERS OUT $27,725.62 601 002 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:30PM 10/08/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 51151 10/08/02 &01825 THOMAS & JESSIE CHESNUT 4.00 51152 10/08/02 &01826 SERENITY POOLS 15.00 51153 10/08/02 &01827 IRMA & JUAN SILVA 300.00 51154 10/08/02 &01828 JAMES BROCKMAN 4.00 51155 10/08/02 &01829 RUTH SHULBY 8.00 51156 10/08/02 &01830 JOY WEAVER 4.00 51157 10/08/02 &01831 SAMUEL RISSMAN 219.19 51158 10/08/02 4IM100 4IMPRINT 637.18 51159 10/08/02 ADT100 ADT SECURITY SVC INC 1314.90 51160 10/08/02 ALC050 BOB ALCALA 98.00 51161 10/08/02 AME004 AMERICAN PLANNING ASSOC 328.00 51162 10/08/02 AME175 AMERICAN FORENSIC NURSES 62.00 51163 10/08/02 AUT030 AUTOMATED TELECOM 16.11 51164 10/08/02 AVA100 AVAYA INC 1239.80 51165 10/08/02 BAL100 BALLONS & FLOWERS 284.38 51166 10/08/02 BER150 BERRYMAN & HENIGAR INC 25583.00 51167 10/08/02 CAD010 CADET UNIFORM SUPPLY 417.78 51168 10/08/02 CAL019 CA ASSOC LOCAL ECONOMIC 75.00 51169 10/08/02 CAL031 CALIF PARK & RECREATION 475.00 51170 10/08/02 CAL240 CALIFORNIA POOLS & SPAS 107.00 51171 10/08/02 CEN010 CENTURY FORMS INC 146.89 51172 10/08/02 CHA300 JOSE CHAVEZ 275.00 51173 10/08/02 CLA035 CLARITAS 377.13 51174 10/08/02 CLA050 CLASSIC AUTO TRANSPORT 235.00 51175 10/08/02 COA019 COACHELLA VLLY EMERGENCY 100.00 51176 10/08/02 COA067 COACHELLA VLLY PONTIAC 43.70 51177 10/08/02 COA071 COACHELLA VALLEY PRINTING 94.34 51178 10/08/02 COA073 COACHELLA VLLY RECREATION 2600.00 51179 10/08/02 COM015 COMPUTER U LEARNING CENTR 731.25 51180 10/08./02 COM030 COMSERCO 328.10 51181 10/08/02 COR150 CORPORATE EXPRESS 97.98 51182 10/08/02 DAN200 DANONE WATERS OF NORTH 272.10 51183 10/08/02 DES010 DESERT BUSINESS MACHINES 77.27 51184 10/08/02 DESO47 DESERT PHOTO LAB/STUDIO 117.35 51185 10/08/02 DES065 DESERT TEMPS INC 4110.64 51186 10/08/02 DUN200 KATHY DUNHAM 173.60 51187 10/08/02 EVA050 DAVID EVANS & ASSOC INC 27241.13 51188 10/08/02 EXP200 EXPRESS DETAIL 885.00 51189 10/08/02 FAL050 JOHN FALCONER 56.08 51190 10/08/02 FED010 FEDERAL EXPRESS CORP 474.94 51191 10/08/02 FIN200 FINGERPRINT AMERICA 1582.95 51192 10/08/02 FIR017 FIRST CHOICE SERVICES 200.58 51193 10/08/02 GAT010 GATEWAY 2000 1134.63 51194 10/08/02 HAR100 JOHN HARDCASTLE 101.76 51195 10/08/02 HEN100 HENRY'S GLASS CO 108.13 51196 10/08/02 HIC200 RENE' HICKEY 175.00 51197 10/08/02 HIG010 HIGH TECH IRRIGATION INC 18.96 0f. 003 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:30PM 10/08/02 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 51198 10/08/02 HIL150 HILTON FARNKOPF & 330.00 51199 10/08/02 HOA010 HUGH HOARD INC 828.89 51200 10/08/02 HOM030 HOME DEPOT 2945.08 51201 10/08/02 H00050 FAYE HOOPER 100.00 51202 10/08/02 IND030 INDIO SHOE STORE INC 354.95 51203 10/08/02 INT004 INTELLICEPT 920.02 51204 10/08/02 JDD100 JDD,LLC 54971.08 51205 10/08/02 KIN100 KINER/GOODSELL ADVERTISNG 3000.00 51206 10/08/02 KRI100 BRUCE KRIBBS CONSTRUCTION 11942.00 51207 10/08/02 LAQ073 LA QUINTA RESORT & CLUB 7000.00 51208 10/08/02 LAQ100 LA QUINTA VOLUNTEER FIRE 566.75 51209 10/08/02 LAQ500 LA QUINTA VILLAGE BUSINES 5000.00 51210 10/08/02 LES020 JANELLE LESLIE 4.20 51211 10/08/02 L00010 LOCK SHOP INC 82.16 51212 10/08/02 LOP050 RAY LOPEZ ASSOCIATES 5850.00 51213 10/08/02 LOP200 JUAN PABLO LOPEZ 50.00 51214 10/08/02 LOW101 LOWE'S HOME IMPROVEMENT 32.28 51215 10/08/02 MAD100 MADISON DEVELOPMENT 23737.50 51216 10/08/02 MCDO10 MC DOWELL AWARDS 154.89 51217 10/08/02 MDS100 MDS CONSULTING 4240.00 51218 10/08/02 MEE100 WAYNE MEEDS 75.00 51219 10/08/02 MIS100 JACKIE MISURACA 1700.00 51220 10/08/02 MOB200 MOBILE SATELLITE VENTURES 219.39 51221 10/08/02 MUN010 MUNI FINANCIAL SERV INC 3799.49 51222 10/08/02 NAT025 NATIONAL NOTARY ASSOCIATI 39.00 51223 10/08/02 NAW010 RON NAWROCKI 500.00 51224 10/08/02 NEX010 NEXTEL COMMUNICATIONS 950.92 51225 ** AP CHECK RUN VOID ** 51226 10/08/02 NIC101 NICKERSON & ASSOC INC 13560.00 51227 10/08/02 NIE300 PAM NIETO 54.65 51228 10/08/02 OFF005 OFFICE DEPOT INC 1099.14 51229 10/08/02 PAR055 PARSANS CONSTRUCTION CO 102691.78 51230 10/08/02 PAR125 RACHEL PARRISH 77.00 51231 10/08/02 PER010 RONALD A PERKINS 26.61 51232 10/08/02 PET100 PET PICKUPS 527.89 51233 10/08/02 PIT010 PITNEY BOWES CREDIT CORP 1366.00 51234 10/08/02 PIT100 NOEL PITTMAN 147.00 51235 10/08/02 POW020 DEBORAH POWELL 37.80 51236 10/08/02 POW300 POWER PERSONNEL INC 2597.60 51237 10/08/02 PR0005 PROFESSIONAL SERVICE IND 3877.00 51238 10/08/02 PRO160 PROGRESSIVE TECHNOLOGIES 231.00 51239 10/08/02 PRY050 FRED PRYOR SEMINARS 79.00 51240 10/08/02 PUB050 THE PUBLIC RECORD 52.00 51241 10/08/02 PUR100 PURKISS ROSE-RSI 6949.56 51242 10/08/02 PVP100 PVP COMMUNICATIONS INC 735.38 51243 10/08/02 RAD050 RADIO SHACK 107.67 51244 10/08/02 RAL050 RALPHS GROCERY CO 76.82 51245 10/08/02 RAS020 RASA - ERIC NELSON 1098.50 51246 10/08/02 RAS035 CHARLOTTE RASHMI-GRAFF 404.25 f, V) 004 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:30PM 10/08/02 CITY OF LA QUINTA BANK ID: DEF PAGE 3 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 51247 10/08/02 RES005 RESERVE ACCOUNT 4000.00 51248 10/08/02 RIV020 RIV CNTY AUDITOR-CONTROLR 191.00 51249 10/08/02 RIV100 RIVERSIDE COUNTY SHERIFFS 2980.80 51250 10/08/02 RIV101 RIV COUNTY SHERIFF/INDIO 612.88 51251 10/08/02 ROS010 ROSENOW SPEVACEK GROUP 27972.62 51252 10/08/02 ROS100 JOEL S ROSAS 100.00 51253 10/08/02 RUT050 RUTAN & TUCKER 65691.08 51254 10/08/02 SAM100 SAM'S FENCE COMPANY 275.00 51255 10/08/02 SAX100 SAXON ENGINEERING SERVICE 3080.00 51256 10/08/02 SCI100 LOUISE SCIUTTO 60.00 51257 10/08/02 SEL020 SELECT FIRST AID 66.51 51258 10/08/02 SIE075 SIERRA LANDSCAPE CO INC 50.00 51259 10/08/02 SKP100 S & K PRINTING 37.63 51260 10/08/02 SMA010 SMART & FINAL 163.79 51261 10/08/02 S00010 THE SOCO GROUP INC 116.83 51262 10/08/02 SOU007 SOUTHWEST NETWORKS, INC 3363.75 51263 10/08/02 SOU033 SOUTHERN CAL ASSOC CODE 60.00 51264 10/08/02 STA045 STAN'S AUTO TECH 1033.09 51265 10/08/02 STA050 STAPLES 32.84 51266 10/08/02 STE003 M W STEELE GROUP INC 14158.45 51267 10/08/02 SUN080 SUNLINE SERVICES GROUP 310.41 51268 10/08/02 TAG100 TAG/AMS INC 100.00 51269 10/08/02 TOL200 TOLL BROTHERS INC 9.99 51270 10/08/02 TRIO10 TRI LAKE CONSULTANTS INC 33293.00 51271 10/08/02 UND010 UNDERGROUND SERVICE ALERT 130.00 51272 10/08/02 VER050 FREDRICO VERDUGO 175.00 51273 10/08/02 WES075 WESTERN POWER & EQUIPMENT 811.24 51274 10/08/02 WIL010 WILLDAN ASSOCIATED 10399.00 51275 10/08/02 WIN010 WINSTON TIRES 26.96 51276 10/08/02 WIR100 WIRELESS WEST 265.06 51277 10/08/02 W00100 DEBBIE WOODRUFF 266.00 51278 10/08/02 XER010 XEROX CORPORATION 4062.37 51279 10/08/02 XER012 XEROX CORPORATION 60.04 CHECK TOTAL 512,097.44 005 z H N M H N M Q N v C n .f) w a o E 2 N O oD O \ H o U r r m r c v r c H W E+ N N N O O O O O N O O N O U FC rn rn rn H I rn H (n £ RC 00 F EE E E+ E+ E E+ E. E. FF E+ E F+ a a M O O O O O O m m r M O O O H F O O O O O O H H m O O O O Z E W £ Z D v .n H o O c m c rn r 10 to 0o v' m 01 m N N l0 N O M N l0 M Ol M a o O 0 0 0 o rn m o 0 0 O o 0 0 0 0 , o) o 0 W e a In H o a c a m a c o o r U c Oo co £ W U o a a a a H cl) e-i 01 N M a` N l0 aO M EC O 0' > > > a O O O O W H W H Z W W W OWL U w a E(1)-F > a w co to v] E > u) W cn O "' to w w w a C7 a F U H< a un W< a ❑ z a rL u H a u Ft H .a < u H< .a a H< s z H a £ a O E a FC a < w a < ❑ Z a E Z E. D E a E+ a E a E a E. a' F . ❑ a F a x a O H O O E O O O O O O E O U O O c� > Ov ❑ ❑ ❑ ❑ H ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ H Z ❑ D ❑ a ❑ Z OH H W D w D W O W D W D W D W D W D w D W E W 00 w x W [.. > rz > a > G. > E. > L. > E. > O > U E+ > W > £ > O ❑ W W W w W W W OL W O Z W O cn a a ❑ x a x x c� m£ H £ m w U w W rm H ❑ a m " N O . W rn Lo rn c > > N r co N r r Z 2 x •� -4 . rn m - N w �o uD .n ON rn H ❑ H D eti H O In l0 H y H H M M r m v N ❑ N N M N N N N O � H Y. a as W an a 1 o O w E a O o o O O O O r 'a' o N o l0 W O O O O O O O Vn M c a\ O m G1 O O Cl O O O O to l0 to N C. .n M r r r N M 01 OD 0 01 y H H to H ri H L'1 �o O O O v 0 v` C' N N w t0 110 w 10 to E z O O C. O O O O H H N N N H O O O O O O O O n .n O O O O O O O O O O O O N N N N v M u U r� o H 0 H 0 H 0 H 0 H 0 H 0 H O H o H 0 H 0 - 0 H C. H M 0 UN a i a W E. a z >4 o w o E 4 w z O > O E- L) H a � E+ U U) w D Z O cn cn OL W Z Z z x U < H H C7 U w a > > m H (n H z. (n U)z z O £z W h a z JG >+ a H F F a ..1 a 0 L4 0 14 a w w E 00 x a z U U U < < U) H z (nE U) w S a H a w "' w `" a u u w m wa w a x 0 0 0 0 0 Fa' E U) H h OL "h U) c ft a .n �o r m rn o H o 0 0 0 v n N N m m N m N m N m M m M m O H O H O H un O 0 0 r t) ^ 1 H {r H 0 0 0 O 0 O o £ H F ❑❑ E+ U a W W a a a 006 z 0 ID r m m 0 .--1 N m C to m. N m V' ul �D r a O F Z N O m O \ N x O U r r m m m m m m m m m m m m m r N N N N N N N .•i w E 0 O N N O O O O O O O O O O O O O N O O O C O O O C7 Q r1 01 r-1 r-1 H Ol £ Q m E. F E1 F F F F E I-, F F H P F P E F F P E F F P E F F E-1 F H H H E- E H a a Ln m O m O O 0 0 O 0 O O o O O O o m O O 0 0 o c o .-i E. m M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �O 0 N o Ln o Z E . . . . . . . . . . . . . . . . . . . . . . . w z �o rn c o o M o 0 0 0 0 0 0 0 0 o r m o o un o 0 £ 0 H m m O O m Ln O O O O In In O O 0 O\ '-+ m .--i m H m >+ o N N In O M r to ID m to r 0 m m m Q •-1 V' Q1 r-I .--� r-I H r-1 a o o m o O H m M O N ID (n > v M w m z m m N O N Ln r £ ul W N a w E. U Z H (� a z au U U U U U U U U U U U U a a Q H Q > > > > > > > > > > > > > Q z F. o a o a o o W H F W E H E W E 0O H W a 4 a a co a w w w w w w w w w w w w w a m m 0 0 w w In m o ff O U O w 0 O x x x x x x x x x x x x x 0 ££££££££ > a 0 0 0 0 0 U U U U U U U U U U U U U 0 a a a a a a a a U O O O O O O O O H U3 z W Z WM W zzzzzzzzzzzzzw W > o> o> o> Q Q Q Q Q Q Q Q Q Q Q Q Q> H H F-1 --I H H H H 0 x x a a a a a a a a a a a a a a z z z z z z z z m a a a a a a a a a a a a a a, a O x D x 0 0 D. w w U W r H 0 a M 0 w N Ln > I > m 0 Ln v r m m O .ti N M a• Ln �O r m �O r r r r z z £ N C .--1 to V' a' C 1n to &n In to Ln 1n to Ln C' Ln Ln - - N N m hl 0 1-1 0 N 01 m �O to lv to kO l0 l0 w l0 l0 l0 qO M m m O1 M O O - H z m r N W ID w �O w to ID to w to tD to to .--i m m r1 .-i O o m 0 o N m N N N N N N N N N N N N N Ot m m m Ol a% a) m H .Y. Q z a Q m w m a I O O w E+ a o m r r r r r r r r r r r r r r 0 0 0 0 0 0 0 0 W ID O Ln io Lo Ln N Ln to Lo Lo Lo to to an �) O O O o O O O O m lD w to Ln Ln Ln Ln Ln Ln Lo U1 in Ln Lo To Lo O O O O O O O O £ 0 in m m m O\ 01 m m m cn O1 Ol m (n Ol O) r r r r r r r r z (n 0 ID O O 0 0 0 0 O O O o O O 0 ri E. z M M H N N N N N N N N N N N N N r m v' m v M c M 0 in Lo uo Ln Lo Ln Lo to Ln Ln 0 Lo Lo to Ln 0 Ln Ln vn Lo Lo Lo Ln Ln o ri N C C C C C V V C C V C IT V M V' V a C C C V U Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o o o o -I H H -4 U U U U U U U U U U U U U z z z z z z z z z z z z z H H H I --I H H F-V H H H H H H >4 >r }4 >4 >r >r N >4 W M a a a a a a a a a a a a a 04 04 04 W W W a o £ rA Q Q Q Q Q Q Q Q Q Q Q Q Q a a a a a a a a 0 o a w 3 z z z z z z z z z z z z z Q a o w w w w w w w w w w w w w ££££££££ w a x x x x x x x x x x x x z a a a a a a a a I E L+ 0 0 0 0 0 0 0 0 Q w w .a w w .a .a w a w w w w W La LJ L. !., La La L, W E. U .a H H H - H H H H .a z w z z z z z z z z z z z z z z z z z z z z z z E H 0 0 0 0 0 0 0 0 2 £ E E >Q+ a Q o >+ >+ N >+ >+ >+ >+ >+ >+ >+ >+ F+ E H E E E+ E E Q a O N a a a a a a a a a a a a a a w w w w w w w w a o F Q a a a a a a a a a a a a a a A 0 0 0 0 0 0 0 0 x > Q w w w w w w w w w w w w w Q Q Q Q Q Q Q Q co Q Q m m m m m m m m m m m m m m U U U U U U U U E. w z 0 > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 M M 0 0 Ln Ln Ln Ln Ln Ln Lo Ln Lo Ln Ln ul) Lo - .-, o >+ o i 1 , o 0 0 0 0 0 0 0 U E F Q a a a a a a a a a a a a a a 0 0 0 0 0 0 0 0 U H o > Q w w w w w w w w w w w w w Q Q Q Q Q Q Q Q Q U Q Q m m m m m m m m m m m m m m U U U U U U U U 013 007 z m m U-) m O O �D r m .--1 r-1 Ol O N x 0 E. z N O m O M x O U N m N N v' m m m N r r r cr N W E 0 0 0 O O O O 0 O O O 0 O N N N O O H H H H ., E. H E- E- E- H E D, m1- E- W m m F E E E. E. E. H F E E E. F F F F 1- E- - a, Ut M lD m N ul O O rD lD r M o O O O CDO rl E. O .-+ r cli O O r LI) LO O .--i O O O O r z F . . . . . . . . . . . . . . . . . w Z r � m l0 N r r Ol 01 N r Ln ti ) O M x O V' N r O l0 M m r r r r m O C C r-i N M rl >4 0 a a m O O O m O M O O r O o o m o 0 0 r Ln w Ln r Ln z r L o U) r O c r W r M o z M N O O a a u a a a a W W E 3 3 E W a a cn .7 a Cw i. a H 4 N m w a � 4 U) .4 0 0 .4 w a a a a s z a 0 0 0 a H a F+ a z z a O a z F O E+ CO E H E+ a % a E. U H U E H H 0 F 0 H O O O 0 a o a a a 0 H O a 0 3 3 W 0 O F+ W H E a a E. O E E E U U U H C. E+ Cu E+ O O 0 E. a F a a E. F E 1U-1 m m m a x x rx m x z a m m o w Mix � a x W Pa. > a a a a 0 z z 0 a 0 C O w w w 0 m 0 w 0 .4 a U 0 z 0 Cti z U O O O z W W z u z E+ Z z z z z w z z Z U U z W z H Hu) Cu t. h. W m m W >� w Z W H H H W U W "W H H W w m W a w H H " > E x> a> O> 0 m w> U> U) > x x w> g> a 0 z z z W W a 0 m o 0 0 o W (4 H W w U) O O O E E a w m m m U) m > > E E a W w U w H o a 0 w .> > m N lD v 0 m r r m Ln r N r z z E rn Ln 0 N 0 0 0 a ui Ln uo r m (n M N N N O r-I .-1 .-1 m H Z m M to c M M M .--I O O O O H AG m Dl (n N Ln Ln Ln m N N N M a z m w m a 1 0 o w H a O O O 00 O M CIJNO 01 O coo O 01 W O O O O O O C t0 lD O m O in in Ul O v O O O O O O lD in 1n O in O �D �D to 0 lD O r r r rn 0) r rn 0) rn r 0) rr m cn m r m - m O O C. c• O Ln .--1 - N lD l0 t0 lD 10 l0 w l0 w 10 l0 t0 �0 1D lD E z Q' r r N u-) r-1 r H -4 rl M M .--I r-1 e-i In r--I O in Lr) N O O Ul N O O Ln u) O O o O L O 0 a M M O m N M M M (n N ul if) Ln M n U U to l0 a o 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln Ln Ln ti LO Z H H O z H F E+ Z U cc z 00 E+ U) O O O U z z a a a a a E M a a a 0 0 w LC U) (!) U) W Z 0 a a a U u a U U L) z z z E o 0 0 0 0 w W u Cf) z z z Q w a a E. £ E E 0 U) cn co a a a s 6% U U a XXX 0 0 0 a a 0 0 0 00 x a x N E E E > > a w w w as x a 0 0 0 W o 0 0 W F H H H pL H Cu Cu Cu > a a a a .a z z z z U U a z a co a H 0 0 0 00 a a a+ r N x a U U u a a .7 U) co O a. a. m U E. H H H w w N 01 E+ E+ E-F U) m G. Ca O O O H U) U) U) x x a a w w W a s H H E E E W a U) m m U U a 0 0 0 0 a a z z z c a a a a a a 0 a a a a s a a W w W o .] a a a O 0 h W W UUU U U U U U U U h U U U U U U Z O > O 0 o m 0) ,� CD o 0 0 U) 0 0 o rn r '.7 O D+ H O .-1 O .-1 O .-� O .-1 O (n O -W-4 N O r-1 O '-1 O O M M O Ln 0 1n 0 Ln o rH O lD O 1 r O F 0 0 0 a .a a a z z z a a a a a a a 1 U H a a a a s a a W W w x a a a a o 0 a U u U u U U U u U U U U u u u v u u 008 z N M LO l0 h m m M v O N (n v u7 %D r m N O E. z N O co O � a• x O U m c c c a a v c N N m h r r N N N N H W E+ O O O O O O O O O 0 0 N N N O O O O C7 Q •--� .--� .-� H H H H H m 01 01 W m E F F E F EE F E-F E E+ E+ E F E+ E E+ E+ E an M V O O u1 m m O O w w w u'1 O u) r M m uN N El M O o N O h o c ID r In M o r N �O r m z E. . . . . . . . . . . . . . . . . . W z c o o H .-+ O ul M r rn o o u1 (o r rn H r o)oN w M u-) >M+ O o r m M £ N 1 Q o c O Ln o m o r r M o N H 11 H (V M v O H m h N r c' 01 a a O M N (71 r r H H VJ h M N x x N u) m a a O O F O O O O O £ W W W a a a a a a E E a a x a m a m a 0 0 0 Q Q m m Q Q Q a a a Q Q w w w Q W Q x x x z F E E E. a H H H E. E E E-F E+ E (7 E a a a O O O E E O O a O O O O O Q Q Q O % O W H E E+ m (n E MP WOOOH E+ 3 3 3 E Q F+ z z z U E W W 0 > W W w x o O O H a m m IL' (+a w M E z O a m m m z U 0 u a U m H H H OH O W O W W O U O 1- a a a o W w w 0 z z z o O F E E4 > w ❑ H ❑ z. % ❑ ❑ ❑ F a a a ❑ H H H ❑ H H H ❑ z ❑ U U U H W W W F W W F F F w co F E-F ❑ W a w W z z z W " W W d a w > a> a a> cn > w m m m> a a a> H H H> a> m m m ❑ o 0 o z a z z z o 0 0 w w ox O z z z (mil m U U H U H H H m m m ❑ ❑ ❑ U H H H N H h m I 1 1 H ❑ (i H l0 r 01 N m h M m O w M �o m m M o > I > m In O 01 01 O N N m H N N .--I N N N z z E m u1 N N M C• Vw 1f1 m m m r 01 01 M H ❑ H O Ol O O O N N N N cV N a' M M M H z m 01 M M M N fM M M (n m 0) o) O x N c O O O m m u7 N N N Q z a Q m w m a 1 0 o w E. C. O 01 O N O O O O o o O N N N O O o 0 W 0 M O 01 m CD m m O O O m m m O O O o £ O u) O in u) In in Ln O O O m m m O O O O O H M M m m m m m H H H M M m M M M 01 z O l0 l0 0 0 0 0 0 0 0 0 O o o O O O O E r o m m io w r r r h r r h w o (o z M M rn N c r c' O Ln U'I u7 O O O O O O O O u) N u7 O m m H O C N N N M M M M c v v H H 1 lD r U H H r-1 1-1 H r-4 H Q O O O o o o O O O O O O o O O O o O (D z z a z O O E m H H H z w H < W U a a a z a U U z oz oz M z U) z (wn vmi w w a a o 0 0 r r < a a a U) a a a s w a a a m m to w Q a s a x x x rx a o z 1 > >> W w W W W W H F O W Q Q Q w W W < < < a z a a s a 0 0 0 0 E E E 3 3 3 m M H a a s W U U U U rr�� Q Q O W w W E M a m a 0. a 9 W W W F Y' OI x x m O W w w W O O O z z z a Q x U U U a m m m m a a a O o o W a Q O Q Q Q E E E x E a a a z z z m a ❑ o O o 0 0 0 0 0 0 0 0 Q Q Q w W E. w z W U U U U U U U U U U U ❑❑❑ ❑ z 0 > O O o O O O O O 0 O O D M m M M Ln u) u) O O O H O 0 0 O O O O O O H N N N O U E-F Q Q Q E E E E E z z m U H O O O O 0 0 0 0 0 0 0 Q U U U U U U U U U U U U ❑ ❑ ❑ ❑ r r r 00o G15 U) m m 0 0 0 11'' z 0) O .--1 r-1 N O N m V' r-I 0 kD r W m N m m - N N N N N N N N N N N N N N N N N C O E+ Z N O W O n O x U N N W N N W W W c W W Wm W N 1r r v .--i W F O O O O O (D O O 0 0 O O O O O O 0 0 O (N N O C7 H r1 H H E- E- .--i .--I H r-I H .-y ,-1 H H 0) a)m E. E a m H Er F E E F E- E- E- E- E. E E-H F F E. E. F E. F F E w a M M l0 u7 W O O N N O O C. o u7 O a• CD O W �0 W m .-a E V7 W wC c 01 r C W � M m V7 O O N O\ z E W z c r-1 '-1 W W _; W W c m c O O O O L� lD c O N E D r-1 N T c v ID C1 a O r W N O c aT V• v1 M C W >. O r r m u) r m .--I N V' 0) W M c c v Ln Ln V O m O 00 -W M l0 10 H O O 0 r o m H H x In w c E4 z z N W W u7 r H c E E w o 0 N H z H s O a a o 2 m m m a a a> a E E. 0: W H 0 0 0 4 a a Z 4 r4 O O U W. ..7 a r7 r7 .7 m x x a o 0 0 a a z 2 E+ a a -, a H H a E. z O. W O. E U U U m W W E E+ a a a m 4 E F+ U E-F a a F H O O >>> a a a 0 o a a w .] O o > O E E Hz W H z z z F m m .-] a a E a E H z a F m m E m F FO U F O O O O z z z O x W W H E W H D. H H H D: E E F E F H D: E. D: 0 0 W H P4 x x a F a x x a O >a v u uoU a U v U a U U zoaa"z H o <�ozo H h1 O Z U w w w z % a z m z W w U H H z 3: 3: z a z z z z ❑ H m m 0. 4L w E F F F E F W E. W W L. H X U W W w w tx m W .] w m m m > z z z z z z > m > w w > m > cr W > E > w w > H ❑ Z z z O o 0 0 0 0 z W W H a 0 a s z >> x U) H H H U U U U U U H h h U 3 a U U H 00 U w r. U W rn 0) H ❑ a .-+ ,--1 N 0 W O O M u7 r4 1 1 M > I > CI N N N N N .--1 N N N W 0 0 m z z E N M u7 fl) N N LO N r r 01 m 1 H ❑ 1-i O O O N O N co O u1 O W W W r W W r m m O H z ODOOM W m O O O . 0 0 0 0 0 r r 11 N ❑ .-i r-1 H N N m M m M r-1 - H .Y. a z a a m w m I 0 O w F 0; O O O O O c c c c N O O O N O '-1 H O O O 0) W Cl O O O O m M m m m O O O m O N u) O O O r C1 O O O O o u7 in m u7 u1 O In O H O kD ID O O O u7 E D Ol Ol 01 M M u) N 0 to T C C• V' ul 01 0) Ol Ol In u1 Qt z O O O O 0 0 O O O O O O O O O H H O c O 0 l0 W kD l0 lD in u) un to ID m 0) m 1.0 l0 �0 l0 l0 ko w w E-E z N (N v N a• c' m a u) r-I '-1 N M v ri O W .--1 0) u1 u'7 un Ln to Ln O N N M H N O O 0 m N O 0 l0 r t0 P a M T a M N r r l0 r r Ln Ln Ln rl r m U U N a O O O O O O O O O O O O O O O O O O cc:) o V7 ul U') O O O z z z z z ❑ ❑ ❑ H H H H H D P D O E E+ E+ U U U U U W a a M m m m O O O O O 0 O U O m m m m m U U H 0 m m m U U U U U U m m m m m a LI) a a a z z z z z z a a a a a m m 14 a a a a H H H H H H a s m m 0 0 0 o m m m m m m a s w a s I E+ F F W 0. 0. 04 04 D. m m m m m F E-F z 04 W E. a O O O E E E E E E x z z z z z W W 0 x x z WE- x x x w w W W W w z a a a a a on U W W H .4 z 04 w w F F F E F E D > > > > > .] z m H ❑ w w w w w m m a a s a a❑ F+ E-F F E F E+ E E E c0 m [+ rt r1 Q: >. a a a a a a m w a a >• ❑❑❑❑❑ w W W a a W W W W W W W W W x H H H H H z a z W W m 0. a 0 m m m m m m m m m E > > > > > IL DL x ❑❑ z OCo Cannon WW ww noon w Fw W z 0 > r r r Ln Ln 0 Ln Ln to 0 0 0 0 0 0 0 0 0 D c c c w m w m m�0 o 0 uO u'1 0 0 0 o N o >+ O O O O O O O O 0 N O O O O O N N O O O N U E+ m m m m m m m m m z a a a a a w u. a ❑❑ z U H w W W W W W w W w D > > > > > x x a W W H a U O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ w w w w W w w fu C. 4. Gu 0010 z r IT OD m U) ID r a) m o H o .� o u) a � .--� N H N N N N N M M N N M N N a o F Z N O m O \ l0 O x U r N r r v c c v c m m r r v N N H 43 E-E N O N N O O O O O O O N N O O O 0) H m M Ol 0) - r-1 .-1 E. E. F F E E-E F+ E. E-F E+ E-" E+ F E-F F E+ a a V) M O M O m N m O (O O H co O H O H E. O Ln Ln �O N 0) O) N m O (71 C. m O u') N m Z w E z m N C a' 1+ m m m o c t0 N m o v N M M N m O r H m OD �0 r t0 m >4 O H H H H m N N N v a Ln m m a m o 0 o rn rn r o rn o m N O c' H m u-) m O m m O m O o r m N Ln N H H H H M m H H W W U) y U U a a w w a a a a a a a z z H a a H H a a x Ec a a a a a a a Z E-a a E- F F F H F F F F Z Z (L F p p w w 0 O O rC O O O o w w w 0 W H F W 0. E+ F+ F 0. E+ a E. F F F F z F E- H w x of coi) a x x Z a s a a) a x" H O a U) U) O H O O W O W w W W O O U O W O O Q W 0 w > Ix O W W W F W O 0 C'J 0 0 3 0 O O H O Oi O E H a W W 0 W F W W W W U W W W rZi U) W w w W W w w w 0) U U w > w w> E> a a a a> z> m> a, > > a a a> a m 00 O H H H H H z M ca > > H 'J D cn U U U £ E E£ m H cn aC x x r cn m W E- U W H o a m rn o O W n a r rn H co m > I > fn l0 (n H N l0 Cl) o l0 In M r z z 1: at O m �o N u-) m m ID N H O H •J' N l0 H l0 H O r CI' m N lr) N z u) LO c ON ID r Ln if) Ln O .� 0 O C. m 0) Ui 0) m m m m N ra z Cu < m w m a I O p w E 0: W O m O m O O O O O O O O O O N H N 0) N H N V' O O O O o O r v r V' W E m m O 0 0 0 O l0 Ln l0 Ln O O O m m O Z O c) mu) O r M r m r M r m H N 0 H N 0 H N H N H N M O M O E+ r r m m w w w w �o �o ID io w �o �o r r z o p m Lf) H m U') H N O Ln Ln Ln m Ln N m Ln Ln M u) in m r Ln M N o N r in M N O v r Ln M r Xn m r N M c ul v c cn v U U H H N H H •--1 .-i H H .--1 H H H .-/ •-i .-1 O O O In O O O O O O C. H O H O -4 O H O H O H O H U Z m W U m W U H Z O M o H a H s 0 H a )n w W (n W cn W a W a W a W a U C7 H Lu Oa U U U rt w w o F m E m F m E m u) co > a x O x z H z .. z I U U O Q U FC U rL EU Q < a W d4 H Z m 0 0 W E-+ F a z x x N Z Z a 0 IX C7 U H U 0+ x < a a a Q 00 W W W H N U U 3 S S S S cn S w E z0 00 S S O S W 0 (4 0 I < A: E- rf) E- cn W Z Z z Z N 1:4 W x F x x x w w W< a O 0 Z H a H E+ < m O x O x O x O Z W Z W H H MZDD u 0 E 00 E F w W w w (D h h h h x a x x x x x x x z O O > r r o 0 O 0 O 0 O 0 O 0 O 0 O o H O to o o o o (n 0 (n O >+ O E. U H O a H O z H o E+ a' Ix w DG a a Z W N U H O u H H a H 0 < p 0 < O 0 < p O E£ p O O �� 1 FC U C++ Ga 0 x x x x x S x x x x x x x i 0011 z r w m CD .--i N m c In ID r m m- N C)ti m N v N m <N N N m m m M m m m m m m m m o E. z N O OD O \ r x O U N N N N N N N N N N N N N c cr N (N N V' aD m .--I W F C) 0 C)O O CD CD C) C)O O CD 0 0 0 0 0 C' 0 0 C. O O £ RC m F E+ F E-E H H E F F F+ F H H E E. E-E E+ E-F E E F F a a m N N 0) r N m r O C O M H m N m O O O .-+ F m r tD m r m n ID M O r O M l0 O O O O O Z E W z m C7 r c m m N L/ 11 O N Cl r r O O O O £ O m O N m r 0) O N N N ON m O c O N r O v m �. O N lD H r (n rl N N 0) m C. N V' T c m N a a co O N N N o O O 0) O O O Ln o c o £ z o c9 Z c o Lrn N w r < o H w m m m > ON £ o a cn N O a \ M H W a W O £ W U1 W H a E a W Fc u w w x a a a a H a z a v z E F E--F m F m F FC F h m 0 0 0 0 w 0 ❑ o E. o \ a 14 ElO E E E. E a F 0 U U E E E Cw H a cn cn m cn cn cn m m cn m cn cn cn w a E x O O a O w F Qx rz H O H W W W W w w W W W W W W w w O U O O O O E. O CG O >+ O E+ W > a: F-1 H H H I --I H H H F-1 H H H H H ❑ =) ❑ m m ❑ VI ❑ ❑ ❑ a ❑ U U z a, w w w w w w w w w w F w w H w u w H w n a vi a aa4 aa. aa. x x w w a4 a. n. as a a Q. a, a. D. a4 w as > v> > a x > > > > ❑ o❑ o o a 0 0❑❑ o 0 0 0 0 z O o a o z w Vi m Ui m m m U] V1 Vi m m m U7 fn m H 3 3 U) a £ H a: W w U W H O a Ln m m m m N .- �n iD m H 4 C) 0 > i > r Ln Ln m m o .-+ M 0 o z z £ O H r N N O O. N N O O m N N lD m H H D r-1 m N r N m N N LO eti N V' m m N N M N H z O O O O O e--I .-i r-I r-1 O H N O N r r r ❑ N r m r-I r-I N r m m O m m •-i m lD ID H .Y.. FC z W a' m W m 1 0 o w E-F (z r r r r r r r r r Ln Ln r r O N r r O O N O ti w c c v v a c a v a N N c c O m N N O O N O m m CO 07 OD OD W aD M m W m m M W O N OD co O O m O lD O m m M M M m m m m m m m m M m m(y) .-i ifl Ln m ti z O O O O O O O O O O O O O O O co N lD O O N E. z m c M M c v c T M v r N M m .-1 m M C M S Ln to if) to Ln to Ln Ln Lo to to un Cl Ln O N Lo 0 - - C U O O O O O O O O O O O O O O O O O O O 0 z z z O O u) H H H E+ E+ E U U z z [+�7 a m m H H > E+ F O ❑ M VI o a s 0 0 a 0 0 a U U FC H H a i iz H U)m m FC E E E H E H EF H H E H H H E+ W W w 04 0 In Gl W E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a, O O W O H H a z a a, a w a. au a. a, a, a� m a a a o x x U o a �z m H W W W W _ W W W W W W W W W W O U) U) H U O O O O❑❑❑❑❑❑ O❑❑❑ x N a 0 O a a CG W W < fz W W W W W W W w w w w W w w W H H W W U U W Q O £ £ £ £ £ £ £ £ £ £ £ £ £ £ F ❑ z O O a ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Fr z z z ❑ H as a COz x x x x x x x x x x x x x x W Y4 m m E. W W z O > o 0 0 0 0 0 o O O O O O O O O O O O O O O D m m m m m m M m M M M M M m in M m O O O O O 0 ? O 0 0 0 0 0 O O O O O O O O O O O O U E £ £ £ £ £ £ £ £ £ £ £ £ £ £ 0 ❑ O E-F ❑ z H H U H o 0 0 0 0 0 0 0 0 0 0 O 0 0 O z z z ❑ H x a < U x x x x x x x x x x x x x x S H H H t] `.L Y. `.i C, I a 0012 z f� O M Lr) MN N M N to M r M v N N M r M Co M m M Ol M ID M m M O V• m V• N 0 E+ Z m O 11 O oD S U Co m r r m m r C C V' OJ N C C Co N W E. cc N 01 N 01 cc H H N 01 O cc cc o O O O a m F H F F F E F+ F F E-E F F+ F H F E- Lo M 0 0 O O 1n O O O 1n .4 0 0 O M O O H E+ Z E O . O . O . O . r . O . O N . N . m . o . O O . N . LO . 1b . W E Z D O o N .H O O O o N r r•i M O. O c tD u) r o 1n O. 0 Ln > Q O N O o) 1n m ul m a o 10 r H ul r M a N O O O O Lo r O O O N ID r-1 O O O O m N O Z H E N c O O w �D a a O O c (N oD z D U• Z O Ln o LO N m r m O x m 0 Lr) E o O H co r H (D H H r H u) U x 1n M N > a < W a m F rz a 3 (n z H Q W a z (, z 0 a H a w .a Q a Q a Q O a a Q a Q a Q H u) H En a Q Q H a < a Q a Q Z 0 E K Z " E-H 0 F z F 0 F a. E. a F 0 a F 0 H 0 H 0 W ❑ W ❑ F U 0 H E-F 0 F W 0 u) F. 0 W U H E+ O 00 Z F+ H z H Q E+ O a O s E-a Q E-z O E-H W W F f+. (..1 E- E. Q x H W E+ H O a H U H E lz O H Q �•' Z 0 a D a D a O H U a O E 4 U (% O a 0 a Q a Q a 0 O a O (n w w U 0 [G a O Q a > z a U (n H U W ❑ Z E E (n ❑ z to m ❑ z a w ❑ z a D ❑ z ❑ z U (n U (n ❑ m z W ❑ z H a ❑ D z a ❑ z a H Cn W z z a to w > >. a D 0 w > w a w a w > x E W > F (n W (n > O w ❑ Z ❑ Z w U > U W > a a w > F W > W £ W ❑ w H z H '7 Q [,.� G.� 0 U z H W x w x Q a Q s 0 u) D u) u) a. Q Q U W W N N o) O H 0 ❑ % W - N O o O o to H M m Q Q D m > z I > z Co E o LO r 0) 0) + N N Q D N v N 0 N 0 N 0 o r H ❑ H H ❑ Z M O U �' r- H Ir ry 0 D a w z H lD 01 lD D1 d' N M N o N m 0) ❑ x H a z Z Q u) E. r--1 H m N O M N Q z a Q w m m I a O O w E o o O O o o O N O O r N Ol o o O w W m O O O O O O O O DD Ln m u'l o O L u7 O O O O N N m N 1b Lr) O O O O O O E D aN M N (N Q1 M N O) M M 01 u) Q\ M OD m z Co M m cc Q1 O cc cc O O Ln O to lD w to to w to w r r to W to r DD r F z D oD O a• Ln N O N O u7 ul N O (N o r to H Ln N N M u) r N O .-1 H N 0 U r v' Q7 m m m 01 N m (N c r N m r H L) Q `""1 o r-1 0 In 0 In 0 H 0 .--1 0 N 0 0 0 0 0 0 o O O r .--I o C' •-I C' V' H .--1 V' H H r-1 H C •-� H N H z O z O m F E+ Co D Co D a " s H Z H E- Z M E E. w w W W m E+ E+ > z o o (n z (n Z PE- W E W E+ W (D Q H Q H N O a W (n Lo a 0 U 0 U Z 0 x 0 z D z D Q a w U 0 U 0 w a a E a 0 ❑ D FC m (n a s a H U U (n (n 0 H a Q l/) (n W W 0 0 H a z z W (n a W 3 m m iii ai > > > (n a H H �i fy' [,j > w a E.Q z o4 D; E+ Q E+ Q E+ Q H Q H D. O D. O N W N W 1 m o x o a a m Q H D x x Z H Z H z 1- i z H z H W a S (!: x (n a 0 s 0 Q a (n z 0 W 3 > F(; od a W U W U D 0 D a D a D s D 01 a w x x a s z - G7 to H 0 ❑ a Q a 0 ❑ x m D x m Q a Q s Q a Q s Q a z Q h U 0 a U 0 >r�> a Q h m o ❑ E F w w s u Z D O > o 0 O o M M O O o O cc O O o H O O 0 >+ H r O r o o o H O u> N O ' o 1- O 1n O N O o N o O H O U U E H H a. H a 01 Q 01 Q Oi Q 09 Q a Q (n W U 0 U 0 a O as O a 0 m 0 ❑ Q ❑ U Q U x x a s a s a a a s a s a a E x 0013 01 Z v Ln O N M c Ln �o r w m 1n r W fC C• v c c v c v c c c c v c N c v c d O E Z N O co O \ m 2 O U N N a' N c v v c V• a' v c c r W N N H W E+ O O O O O O O O O O O O O N O O O (D 4 r-1 H .--I .--1 - M £ r1 W F E-E E E E 4 E F E E E F F E F E. E E a a m M O O O C.m v 01 O N to M O O N O 0 O O O O M aD N M l0 C N H (D O O Ol O Z F. w z M o n 0 o rn co rn r + rn o o O £ O c a' r O O .-i Ol Ol N v Ln 1n N fn O 1n OD N O r-1 N C M N r'1 C M> co w M r Ln M 0) O O O m 0) O O N (A O O O M v' O O c cn o 1n to m oN m o o 1n E+ c r LY O r (nM O 1n .] rt N E r W N r Ln of < M U+ a 0 O z z z z z z Z \ w H H H H H H " 14 Z ❑ U a £ £ £ £ £ £ £ .-7 U S Z < O O O❑❑ O❑ cn > U O RC < RC FC FL rt W F tU Ew+ W .] E .] .7 \ W .] H .] E F E F E F H .] S .a .7 w .4 \ Ft a a W U < a a to to w W to to to < FC to FC z Q F+ O W 0 W. O 0 z< O w 0 O O O O❑❑❑ O - 0 0 0 S O £ W H F E U E+ a F <> F EE E E+ a F H E. a F 0 U E+ < to O >❑ < a a a a a a a H cn £ "a' .1 0: w 2 F+ P: ❑ Q a MIX £ £ £ £ £ £ £ a 2 a a ma O H a 0 ❑ O U O < O O H H H H H H H O to O E. O w O E > a ❑ ❑ o ❑ a ❑ W ❑ ❑ a ❑ U ❑ w ❑ U z U to z a z x z a w z .a z a a a a a a a z W z w z .a z w H O to W < W E-E W W> W H w < < < 4 < < < W co w ''7 W w W h W > 0 > co > > a > al > U U U U U U U > £ > 0 > 0: > O ❑ 9 w z a x o 0 0 o 0 0 0 O w x H x co W .7 H F E -£ W w U W r N \ H ❑ a N O N 0 W M w O In H > I > UJ O co O w w w l0 to W l0 N I z z £ r v O O O O O O O O r r Ln N H ❑ H O M v' Cl M M m M m M M H r O H z m Cl ko ID co co �o �o co 1n co rn 0 ❑ N m r-1 N N N N N N N r to r N H ^,4 /•C z a � m w m o: 0 0 L. E+ (k O O N O O O O O O O O O O O M O O W O C. m O O to O O O O O O O C. Ln to O tSJ O O Ln O O O O O O O O 0 O N w 0 O r 01 M M 1n r Ir r r r r r mto M Z a' 0 O O M M M l0 c0 l0 l0 0 M O N" N N N N N N N N w �0 l0 t0 �0 F Z H N N C. O M C. O O O O O O H v M ti O O to O O O 1n O O O O O O O O 01 Lo N O N C• N 00 H O O O O O O O a U < O O O O O O H •--i N N to M VT O O O O n H W E W. 2 Z Z Z Z Z Z H H H H H H H H U co U Z O z z W > > > > > > > to O H M > a a a tz x x rz to H O W W W W W W W RC E U o to to to to o to to a s H v En a a (n a a z a a a a a a a a a z I E to D D W U U U U U U U O J4 £ w r.0 .7 M co F+ z z z z z z z z U £ W F a ❑ w H H < Q < 4 4 4 4< O 0 z .a z a to w ££ M z z z z z z z a a U o z £ H H H H H H H < ci to Q 5 a 0 w w w z a a a r a 0 u w H H a 0 z W w ❑ Z .Y. Y. H H H H H H H H H E. .`L a< 0 to N U U CA z z z z z z z EE z x U a ❑ U ❑ < r 0 0❑❑❑ o n o < 0 w H £ £ 3 h h £ £££££££ z a z z E w w z 0 > O Cl 0 0 0 0 0 0 0 0 0 0 0 1n C. 0 D O O O O O H H H .--I r-I H .--1 N H H 0 O> 0 r-I H N O O O O O O O O O O r/^• U E ❑ to W to cn ca Z z z z z z z E+ 3 x �Cl U H U ❑ W H H O O O ❑ ❑ O O O 4 < W FC U £ £ £ £ £ £ £ £ £ £ £ £ £ z Z z z 0014 Z m O- N M c to ID r m a, O H N M v ul N M v to to r m m O r-i N M c to w r w R( , a) to to to to to to tf'1 to Zr) �D tD tD w lD lD c c' c v c V' c v to to to to to to to to to W o E-E Z N O m O O \ H O U N N N N N N N N N N N N N N N N N m m m m m m m m m m m m m m m m m H W F O o o O o 0 0 o O o O o 0 o O O o 0 o O O o 0 0 o O O o 0 0 0 O o 0 .-1 r--1 r-t H ♦-1 H E E F E El F E F E F E H F H F F E H E 6i F E F E E E, F E F F H F F a a N M 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 O O O O O O O O ,--t F O o t!7 O an N O O O 0 0 0 0 O to O O O to 0 0 to to O O O O to to to 0 0 0 0 z F w .Z O O r O r r to O to to O O to O N to O O N O to N N O N to to r N N O O uo to M: O m 0) 0 �D N H ma) 0) V' r -wo r to M r m M m 01 1-1 M m r m M N to to ID v' M o >n O M '-1 m r a' �D N N .-i H r V M M .-a r M M N -w to H H � H a � , a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a u u Ua u vu u u Ua u 0 u UQ Ua u u Ua Ua UQ Ua Uu u Ua UQ 0 u u u UQ Ua u u u Uu u H z H z H z H Z H z H Z H Z H z H z H z H Z H z H Z H Z H z H z H z H Z H Z H z H z H z H z H Z H z H z H z H z H z H Z H z H z H Z H z x x x x x x x x x x x x x x S x x x x x S x x x x x x x x x x x x x U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U W W W W w w W W W W w w w w W W w w W W W W w w w W W W W W W W W w E F F F H H E F F F F F F F F F E F E F E F F H F F E F E F E E F F \ H \ E \ E \ E \ H \ H \ E \ F \ E \ E \ H \ H \ E \ F \ E \ F \ F \ E \ H \ E \ E \ E \ E \ F \ H \ E \ E \ E \ E \ F \ E \ E \ E \ E Z z Z Z Z Z Z z Z Z Z Z Z z z Z Z Z Z Z z Z Z Z Z Z z Z Z z Z Z z Z z O £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ W H C7 C7 C7 C7 C7 C7 U U C7 (7 C7 C7 C7 C7 C� C7 C� C� (� C� C� C� C7 C7 C7 C7 Ci (7 (7 U U U (7 C7 U E £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ H O aL H E EE H H F F E H F E E E E H H H FF E E E H E E E FF E E H F E E H H H > au U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U z U w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w H Cn h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h W 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 0 0 0 0 0 0 0 0 0 ❑ a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a (n al al aL M a al aL aL M CL 0.t W aL aL aL aL M al aL W CL aL aL al M W al al aL CL aL a C1. W w w H q a 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 O W H H r r H H N N N .--I -I r r r > 1 > m I I I 1 1 1 I 1 I I I I 1 I I I 1 I I I I I 1 1 I 1 1 I I I I I I I z z £ 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 N N N H q H 5 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 O O O O O O O 0 H Z O o 0 0 0 0 o 0 0 0 0 o o O 0 0 0 0 0 o O o O o 0 0 0 0 O o 0 o O 0 In 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 N N N H .Y. rt Z W � m w aA a 1 O O w F a o O o N O N O N O O O O N O N O O O O O O O N O N O N O O O N O O N W O O O M o M O M 0 O O O M O (n O O O O O O o M O M O M O O O M O O M CA O O O to O N O to O O O O N O to O O O 0 0 0 0 to O to O to O O O to O O to £ O N Lo to Lr) to to to to to M to m to to to to to M to to to to to to 0 to to to to to to to to an Z O 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 0 0 0 0 0 0 0 w ID l0 t0 ID l0 w t0 l0 l0 w to w l0 l0 w w l0 l0 t0 w l0 ID w w ID w ID l0 l0 to �o w ID H Z M to ID r O 01 H r 41 H N r r H r O c .-1 N q' r O 01 r 01 N y r 01 Ol O O O H H N r N N .-� to O m H N N N e-1 to O C) O e--1 H H N r N N N H CD .-1 H N N H r U H H 14 ,� H R(: O O O o o 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 o c v v c c c c c v H t sr - c c v v H c c v v s c c c c c v c v - C C' U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U z Z z z z z z z Z z Z z Z Z Z Z Z z Z z z z z z z z Z z z z z z Z z H N H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H M O U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U 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 0 0 0 0 0 0 0 0 0 to rn an cn m m cn an cn cn an cn m an an an an an cn an an n an m cn an an cn an m m an a m m an m an � � an an m m an � cn m cn m an an an an an � cn cn � m an an cn an U m an a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a I w oo w w o w w to w w w to to w o w w w w w o to o w o w w a o w w o w to E W Z Z Z Z z z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z z Z Z Z Z Z a Z 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 O O O O O O O O m H m UJ UJ W m Cn N m m w W m Co w to m m m w N m W W (n w W O U7 M m rn to m (/) >• a w w w w w w w w w w w w w w w w w w W w w w w w w w w w w w w w w w ao ar& uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu a an ❑ z H z H z H z H z H z .4 Z H Z H z . Z H z H z H z H z H z H z H Z H z H z H z H z " z H Z H Z H z H z 1-i z H z H z H z H z H z H Z F-1 z H z E+ w w z O > H H 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 O � o O O -4 O o HrHH o o O G 1 U E U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U H rt U H z H z H z H Z H z H z H z H Z H Z H Z H z H z H z H z H Z H z H Z H Z H Z H z H z H Z H Z H Z H Z H z H z H z H z H Z H Z H z H Z H z 0015 z 0) O H ID lD r O O r-1 N m e to D\ l0 r o O a Ln �o a N io io � Ln Lo Ln Ln Ln Xn w Ln Ln r r un O E. z N O m O e-� \ O L U to to m r N N N c cD N V' N N a' [-� O O O N O O O cD O O O 0 O O 0 cD O O O cD O O O O E- E a H H H H £ a W E F E E F F E-1 F E E- F H F H H E-. E H F F F H F a a m O O O Lr) O 1' v N fq M O N M m O .-I F O O O 1D m N tr 01 m .--I Q\ r lD r O lD (o O O Z F W z O O O c O c v O N v' .n m %D .-I r ID r 1.0 f £ O r OD LO Ln w w M ID l0 r 1 to 01 r N N lD c O H ID N H N lD .n a £ H N a a o O .n V' DD O o r o D oD o o v rn r r iD r �D a r] a w 1.n of 01 r N N �O a a a Ln O D .n m U U U m H H x x x W Z U U U a H w w w a a 0 a a a s a x a a a F F E a Z a a N F F E. E- E. tE+ E-4 O ££ E 0 a O Y O O O O m 0 W H C7 C7 0 H x F z E .7 E. a E w E E- a L) £ £ £ W H a 0 £ to O 1-1 W a a to to to W to to ul ri) m a a E M O a N z a E O H F El E-E O 4L' O a W W w W W W w w O 3 O U O Z O W O 0 O U > ai U U U n a in W H H H H H H H H 0 0 D 0 0 H 0 z 0 � Z L) W W w z z z F .7 .] a r7 .7 .] .7 a z O z a z Im z .4 z H Z DG H to h h �D w H W E. a a a a a a a a W z w E. w £ w a W .4 W F w 0 0 0> £> O a a a al al a a a> o> m> H> a> H> m O a a' a W 4 O D D 0 0 0 U n O z W O rS z co a a a M a o M w w W w W M W H a M £ H U Csl \\\ m N N r o o V' ID W 1 h1 O a. N N (Ij O m m M m 1p Q' l0 to fo 0 . (,� H H .--I r �O w m 1-I r d) H .--1 0 > I > W I 1 I O O m N H D7 N r r .--I N z z £ N N (N m m m r m m lD o) H O H .'7 O O O .-i r-I ri - .ti rl H .--I 1-1 r OD H z C. O O O t)D O m t)D m O co O N O O N N N H r-1 .-1 H .-i H H N H .n N M H A4 a z m W Im M 1 I o o w F fL' N O O O H O N O O O O O N m N O r N N w m O O O O O O O (Dn O O . mO O O 0) [q .n O O O N m O m O O O O O m N If) O oD W in o if7 .n Ln r M .--1 m .--I H H .--1 M M Q7 O> U') m 01 01 z O O O m O o O O O O O O O O O m O O O %D ID E+ z r u') o N O O O Lo .n .n 1n H o O U) to O .n in .n o O r r r N .n r N N .-/ l0 N .--1 v e-1 N U U r-1 `-1 e-1 .H N H .--I r-I O o O O O O o O O .-1 O O o O O O O O O Q' IT Q' e-i Ln N a O a U O z O H H E cno H H O O O O U U U U U U U U U U to w u) to to to z z z z z z z z z O z C a in Y) Cn H H H H H H H H H a T H U a a a H H E H H H E-F H H W H a ul z w w w 0 0 0 0 0 0 0 0 0 z a w to w a a a a al al a. a w (L O x a a 3 E W H Z Z z O W W W W W W w W W U a O O E-F .1 z O O O E o 0 o O o 0 0 0 o a a x m F m H U) cn U) W [o U H a =) w a Z H W W w w W W W W w z a H N a >1 01 w w w z U O D U U U U U U a w a a w H. � a V z W Da. 0 U U U £ EE . EH.. k GH. CH+. kH. kH. EHu H EZ-• u) z z z z a 0 0 0 0 0 0 0 0 0 a a a a a z E+ C.. W z O > 1-4 Iq -4 o Ln ..n Ln Ln N 1n 1n .n in 1n Ln o O o O O 0 0 0 O 0 0 0 0 0 0 0 0 0 Ln N .-I O H O O -4 -4 14 M 0 0 0 0 0 0 0 O O O C. H O O F U U U w GJ G+ Cu C.. E. 1. [.. G.. Cu a a N. H F E. U Fi H " H W EW C. E4 W W a a W W H H a U z z z z 0 0 0 0 0 0 0 0 0 a a a m a CLI 0016 Z a N r M r c r N r N ID m l0 c l0 D1 N �0 r O VJ .--i to Ln l0 r N N t0 M ko c l0 N a E 0 Z O O N \ r O ,.-I W x U E N O N O N O N O m O m O m O c O N o c O c O m O r N c O c O c O £ RC a a m E+ E E-F E-E E. E+ E E-F E E F E F F F F M ,-� F O m O 0 O m 0 O 0 m 0 0 0 0 O o o O O u1 m M m ti r l0 Z W ?+ E. Z O M M c m L") m o m m m Lr) m o .-i r to r ti M N O r N Ln c rn (`l r to ♦-1 M M a r N 0 O c m c \D 0 O c O C. O 0 o w 1� m M r )o r rl r (Y) r m V7 N r r m M .1 M N Dt r N Ln .Y. a fl; a O) c of to 11 M r r- O r-1 r E- H >+ a E-. Z a H a E U U U a E. a E. a E. a E Z a H Z o £ O a E- F a a E. F a m cC a a F W 0 H O ElX a w 0 E > Cn > > cA 0 F O E-F E O E Z H O E O W O E U O F O E.ri a O E H o W ff a 0 w 0 a O E U E-+ U E U a 0 u (D a O (n a 0 W m a 0 H a o E+ Z a O Z w a 0 Z a U ❑ z (D a Z H ❑ Z a < s ❑ Z z H Z H ❑ Z U O ❑ Z a ❑ Z a U ❑ Z " o ❑ z £ a ❑ Z Q H .a H a ❑ Z H a H a) w w > w a Y4 a> w E z F z E. z> w F Co E+ co W > .4 a> W W U> W to m> W 01 W > H a> w w ❑ a a a a> W a a M ❑ H £ < a 0 U 0 U 0 U W F w H z < x W . D U) < a a w H > :D Un D to u) U w H ❑ Q > I > W m M M r N O c o) u1 D) iD N o) m r r c N O O O a Ln o o) Z H O H z H £ a Z M o O M o c M O c m m o m m O c m .-1 m M .--i c o Ln c r-I c u) u-) 01 O) u) r o �o r o \O c N O ❑ H a.' p H F Ln c M .--i - - .--i rC z a � m W m a I O 0 4. E a W m o O O o O O c M Ln m M Ln c M in o o O 0 c o c O 0 (Dc O o O O o O m r Ln c coo O o O o O o O O z rl c lD r M l0 Ln O ur) in O Ln un O u) a) O �o D) O to in M lD r M ID Lf) 1D c to o lD O r O r O r r m l0 E-F Z O Q N O M o .-1 o r-I o r-I o r m c M u) N tf1 N O c m O r Ln r ul r N o U Fl; cc coo 0 o o 0 c O o o O O O ❑ Z H Cl Z H In W H U M z z z W H W H (D 0 o a Z H M OQ In H a H .4 H .a a W z W U z H a O H (1) o H O a < a a s .a w z w z w z u) u) W F £ w U w a 1 F Q Y a 1 r.� w 3 O w 3 O z O v) z O u) z O v) a << Z s Z W > u a a U w v) O U H Z x U x U x U w U 0 W E W Z M a s WZW w a w a W a 00 H fn H U) H m u) O a H m a m o £ - << x m x f) Q x !n a U RC o >+ a Q a rC a 00 < s a W a w a w m w w M W 6. w a (D a ❑ o a cn H x 0 U 0 H 0 H 0 H to 2 a a< a 0 o m w m w 3 Q m Q x Q O a O s O a W a W x a o a > ❑❑❑ qa qa .a a v) E. C z W ❑❑ a s D. a s a rL4 E a a a Z O O O i > o N O C. N O c c M o o m o O M n O 0 Ln O o o )D c un O c u) O o O 0 o o u) O o u7 O o Ln O c u'I o U E• U H 3 0 S 0 3 0 3 0 3 o 00 a s 0 m �+ a m '�' a o a > ❑❑❑ a a .a q rC U a s a a a a s a a a a a a a !L G4.3 0017 z .n �v r r m r m o co rn m 0 .-. N M v LO�O r (D \o ID \p LO l0 r N r \o (o N m M M M m M M M O H Z N . O m O M \ H O x U c m m c N r m m r r r r r r r r r W E oOo O O O O O N 0 00 N N N N N N N N N C7 r.0 .--� .--� � � .-+ H H rn - rn rn rn o, rn rn rn rn s E < m H E E-E E 4 E E E. E. E E-+ E H E E F EF E+ E E E-E a a m M m H 01 0 0 Ln o 0 o v c un o o r (o u) m M u, .-1 E+ m m Vr u) o N O O m O m O) O Jn l0 r M .� M .--� Z w H z o c m 01 o r O m �D m c to E o w M O O 01 m O O M r M M o r M r M >. 0 N m c C. H o1 c N m O m m to M a c N u7 M N a N O Ln O O O m m .n N O O m m (o m c O O W H N a s z z r rn o o rn m O c N r.. W rt FC 0 0 E < W W W x m £ rai z W z E-F O U z z m m m m O o O O a U U a a w a .. a a O a z W w m m a a a a a >> a E< H < < a 0 a a o 0 L. w r v z F (n m H E. E+ < E+ m F a U E a m 0 O O O x 0 E O w 0 \\ 0 w 4< x x x x W H E X `.L E x E+ O E-E H E W E >+ >+ E+ w w F F m m m m U EF U U 0 U [_. E- E- x x x Z Z< < << "ow m m m x W w x E-E x x x x o O m U w w U U U U o ff w w w 0 x x 0 U o w 0 0 0 (D 0 0 0 0 z a a E E H H H O U U 0 0 0 (7 0 z 0 z O 0 a Q Q m m E E E-F z cxi a a a z z x z < z H z H z a< z x x x m m w w w w H m a m n, w z z W E w H w W x W x x w w w w w 0 u 0 U W a, m D. > a<> m> m> x> O> E E> w z z m m 0 0 0 0 0 0 0 o a s z 0 1:4 0 x x x w w m m o 0 0 0 m m m m n a H a a m w w H u u<< m m m m w w U W O u) Q1 O M N N N N N N N N (N "0 x u) r u1 01 O r O o o 0 0 0 o O O O r.7 0 o p1 v N O O O O O O O o O O > > m N O N N N N N N N N N z z x c c T Ln O (o >+ O H 0 H a N N N (D H z O O O u) to O x o o O O o 0 o O O N N m < a < < H .Y. f� z a rt m w m a - o 0 w E x coo r r N o O v m in O O o O O O o O O W o 0 0 Ln un rn o o r r r o 0 0 o o 0 o o 0 m O O O u7 V7 ul O O N ul Lr) O O O O 0 0 0 0 0 mH H M 01 Ol Ol N m 01 m 01 M M M M M M M M M z O O o O O O a' O o O O O O O O o O C. o O r r r (o to l0 o D o o O to �o w (D (o (o to to to E Z N N H N N N H H c N (O M N M n . (o :DO O N u7 if1 O Ln ul u7 C.C) O O O c O O c o O O o 0 ti (N N Q' a' N .-+ M M M M D1 01 01 c) 01 O1 Ol 01 01 U U ,-� H ,_y .-� ,� 'y H H .-� ,-� H N m to Lr) tD ul ul. (o (o < O O o 0 0 0 0 o O O C. o o c v v o V' o v x m a w 0 0 0 E. H " [_ x H 0 0 n, w D. u4 n. a a n w r.. E a z z o 0 0 0 a a o o a z H H 0 0 0 0 0 0 0 0 0 a� x \\ x x x a a x x x x �; u m w x U U 0 0 0 0 o z z o U U U cn (n H x > H H x x x x x x x aG x m a .a E E O H x x w w w w w w w w w a >> >, w w z z E z w w U U U U U U U U U < x x x z z m .7 H M s x a < a a Q a a a 4 w w w 0 0 O m m > > > > > > > > > i 0 U U U U U D U w w w w w w w w w cC 0 0 0 H H U < >. > a a n. n. n, o. o. n. w W E z x D' x x w < w E E-F m m m m m m m m m a z (D (D 0 w W E. > 0 z z m H E-F W E H D M 3 3 3 3 3 3 3 3 3 Q D (n m m i 1 0 > z m O O 0 0 0 0 0 0 0 0 0 >+ a x x x a x U x U U z Z Z z z z z z z 9C a a n. a a w w w w w w w w w w w (. < O a a a Env) < m > > >> m m m m m m m m m a z � s a a a a a a a a a m z a s a z a z a a E+ k. W z 0 > 0 0 o O O Ln u-) 0 0 0 0 0 0 0 o O to to to N N M O N o O O H — H H 1- H H H O i- O O O O O o O O H H 14 O O O o o o O O O U H U H a r.0 a r.0 a r.0 m << m m 4 m W > H > H >> H H m O m O m O m O m o m o m O m o m O 624 9C U a s a x a x a x a a a a m x a x a 0018 z m m O N m T to to r m m H O r-1 N m V' to w r m o) O .-+ N m T 1n w m m T T T T T T T T T T r to to to to to to Lo to to to w w�c w w w tD 0 E. z O co O T \ H x o U r r r r r r r r r r r r T r r r r r r r r r r r r r r r r r W E N N N N N N N N N N N N O N N N N N N N N N N N N N N N N N U 4 rn rn m rn rn m rn rn rn m m rn H rn m rn m m rn rn rn rn rn rn rn rn rn m m m g at x E H F E-E F F E+ E F E-F E-E H E E-+ E+ E E F+ H F E-E E+ F F F F+ H H E+ F a a N m T P"7 O O O O) O H N O O to O M m T N O lD T ID T O O o T cD O O m e-1 E N N Ln Ln N N to o O O N O to T a) m O m .-1 m H O to O r N O O M Z W F Z lD N N N h to N O N N N lD O r m r lD O D) O D) O Q1 M O O m lD O lD E o T a) r r T m m N O m m lD C. N N ul ul T (N W m M m >+ O N O T T H r r N m H H m H O) m T N h T r T r H r N to N m H N H N N N O m CD r Ow N O lD o H E. << Z FC E £ E. N O W z z a a 4� x>> x r O x ❑ w a w a 0 0 0 0 D o) z U E4 £ a 0 0 x x H r O r.0 x W F H x x a a U) N H O .7 z z w a a E E x F z C7 C7 C7 C� C7 a a W W HH H w rt; O z z z z z a X E S O H a a H Z Z Z Z U U O H FF O O m H H O O O O .7 E-E a Z Z .7 .] W O m F F x x U' .7 rtr .] H O a s O O O O O O O w w O O 0 0 a a z Q H a .7 x x x x x z H w > > .4 o o z z H H U H E O E.x w w< x x H H U (, u) o H O a a x a w w w w w Q 0 00❑0❑0 W H < w❑❑ w x x Z z O H fa F << Q Z z Z Z Z H x x 0 0 0 0 0 x g a a E E E E E H w w w U U F F 4< n m x x o x w w£ w C C C C w O H U W z z 3 3 0 o O O z z a z H H H E. H x a a 3 3 3 3 3 h O O O O O Z U w O O o o w w= x 4 Z w z CW7 CW7 3 CW.7 w w w w w w U U H u) x z z 01 0 w w E. w U W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ W 3 E 0 0 >1 a a 3 3 z> U> .a 4 a a a a a .a a a a .a a a a a a ❑ W m U U 3 < < H H W W W O z c W w x a a E E z z cz m a a a a a a a a a a a a a a a a a w w N N N N N H ❑ x O O o O O O O Q W O o O Q O o 0 E+ H H E E T H O O 1-1 1-4 .4 H 1-1 .--I to ch 0 0 M N T > I > Im N N N N N N N 0 0 m m m O O M M H H .--I H .--I N .-I N -1 ri r-1 r 4 H H ❑ H D C'I C7 C7 C7 C7 C7 C� C7 C9 C7 C7 C7 T T T T T T T T T T T T T T T T T ❑ � Q,' (.� A,' a a � < < < < Q. M M m m m M m M M M M M M M m m m H ,Y. FC z a � m w ao a o o w H x O O o O O o 0 m O o O o O O O O O O O o O O o O W O O O O O O o o o o o O o) m N O O O O O O O O O O o O O O O O CO O O O O O O O O O O O O N to O O O O O O O O O O O O O O O O E M M M m M M M M m M M m 01 z 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 O O (D O E z N �D N to uN m tD to w m w m M .--I H H r1 .-I N to M w .-I N to m w m tD lD O O O O O O O O O o o O o Lc) O O O O O O O O O O O O O O O O O Q U Q to lD N ID lD to lD )D lD Lo lD o H .-1 e-1 .-I .-1 .-1 to lD to �o r-I o lD to lD to l0 lD FC O T O O O T T o T T T T O O O O O O O O T T o O O T T T T T T N T T T N N T N N N N H H H '-1 H T T N N .--1 T T N N N N N a a a a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x x x x x x x x x x x x m C9 (7 C9 C9 C9 C9 C9 U U U U C9 0 o x ac x x x x x�4 a4 x x to w w w w w w w w w w w w a U U U U U U U U U U U U x x x x x x x x x x x x x x x x x > > > > > > > > > > > >x x x x x x x x x x x x x x w w w w w w w w w w w w 4 U U U U U U U U U U U U U U U U U a a a 01 a a a o4 a a a m cn o 0 0 D m m o o= a D D o 0 0 0 0 .w7 2 V) m u) m N m u) cn V) u) u) V) O H E H E E E H E E E+ H E E F E F E D O O O O O O O O O O O O m .a > a z z z z z z z z z z z z z z z z z z z z z z z z z z z z z rC x w w w w w w w w w w w w a < a 4< Q< a a<<<< 4 4< 4 a a rL 0 w m m 0 w m to 0 m w m 0 W E E E H H H H H E E E F E-E F F E H a ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑❑ o 0 0❑❑❑ a o o 0 0 0 0 0 z x x x x x 134 xIly x x x x h x x x x x x x x x x x x x x x x x F G. z 0 > o 0 0 0 0 0 0 0 0 a 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .7 11 1-4 .--1 .--I ♦-I e-/ r1 o Lo Ln to Ln Lo o Ln to to Ji 1f) In Ln to Lo In In 0 >+ O O O O O O O o O O O O H O O O O O O O O O O O O o o O O O U H w w w m m m m m m m w to u) E H H E+ H H F H E F H E H E H F E+ U H o 0 0 0 0 o Q O Q o 0 0 0 ❑❑❑❑❑❑ o a❑ o❑❑❑❑❑ o a U a a a a a a a a a a a a x x x x x x x x x x a x x x x x x a 0019 z N M C M ul H r m a o E+ Z N O m O If) \ o 2 U r r fr r r r r r m m m m m c r m r r r r-I W E N N N N N N N N 0 O O O O O O N O N N N (� < oN Ol Ol Ol 01 01 Ol Ol r-1 r-I r-1 H .-i .-i e-1 !T r-1 m cr) m E Q m E E-E E F F E F E F F F E F E E 4 E. E. E+ E+ E+ a a M O O O O O O O o r O m w c m �D r o 0 o 0 0 o Z E W z H m C lD rn r rn M N N O O O O o tD o 0 H O o r w .--� .--i N N r m r M m lD w Ul M ul i ll yi O o M to w N m N N N r+ M v C. r M m O O O H O M O O O O N O D cn Ln o O o r Fi 01 r m ID I M cn fn cn S N O > W W W U Ln M O E+ E E+ F Z �D W 0 0 0 0 V] cn H w ao mmmwa m z .a v U U v a a a uNi a cn a .40 H (n w cn o Q W< >>>> Q a aw 4 w< 0< Z W w> E N O F w E to to m cn E E. 0 E-E Z E a E-E O z z E H m m m o E 0 O O O m o H O FC O W H z w g E E E O E-F J4 F ME- E-F rn E+ U E U E-F O W W w w N w Z U U U U O O 0 H cw w w g 0\\\ 9 a "W W w w w a E a "W m a cn a cn cn o ff a 0 m 3 a a a m Q .a 0 x x m x o U o a 0 O m o W w > a w 0 < > O O O 0< O O U U V U O 0 0 0 0 0 W 0 H H Z U D+ U U V a a a a U z z z z a z E z z z Z z H v) \ \ \ \ \ \ \ \ \ w H w z z z z w E W cn w w H w d W W a a a a a a a a a> rt > a a a > (n > a> Is > cn > QL W a a a a z H w m 0 m w a a a a a a a a a U w D, D. w H w a m a% cn W w U W H 0 Q a W M N 01 m lD N C r N M > 1 > m O O O O O N N m m m e-� cM Z Z E N N N NN N N N !r m m m m m m m m m C H a' cN N N H O H O C C' C C V' v V' CC) I I 1 1 M M H z r r r r r r r r r ID IN N N N C r N M M O M M M M M M M M M M O O O O H x RC z a < m w m a 1 0 o w E a 0 o O M O o o O O M r r r r N O O O W O O O N o O O O O N c c c - O O O m O O O a)O O O O O N Lo � Ln N ul u) N oD m O O oD m O tll Ol Ln In In Ln m (n Z O O O O O o o if1 O O O O O O O O .i O O O E Z H H H N N N ri m N Ln 0 O C O O O O m m cD O O O Ln �n Ln in Ln Ln Vl O u'1 O .-1 m LO Q .--I .--i H .1 01 l0 lD 01 H r M M M M N M O r M m M U O C. O O O o O O O O O O O O O O O N 0 o W W W W U U U U H H H H V a a a a w w w w >+ cn m m m O M z U Cl a O Z z Z z 0 W ul H H H H H a a a a a a a a a x a O a a a a o a a W U W w W W F U z a s x x x x x x x x x w w w w E F cn H a s 1 U U U U U U U U U w Z z z Z 0 cn 0 E. Z z RC 0 m 0 0 m 0 0 m 0 V H H H H H m Z z H H W H F E H H H H F F E+ z 0 0 0 0 U H rt H r. w AZ w z z z z rn k4 a a m H W 47 W U a N d Z z 2 z z z Z z Z cn Z z z z cn x F F r.0 a r.0 a ai < < < < < rt O O O 0 H w a z CL 4 o F E+ E+ H H H E E F £ >C X� X X H a 0 m 0 m m m m m 0 0 RC RC RC RC O cn z a a a a m a a a a m M m cn a m co m co u) F W Zo 0 > o ul 0 ul 0 Ln 0 to 0 cD 0 ul 0 cD 0 N 0 o 0 O o O o O 0 O 0 O 0 O o N ul r O O o 0 p >+ o 0 0 0 0 0 0 0 0 � r+ � .-+ .-+ � o o rl o o C) o v UP E F F E E E E E F £ >C xxx U W H x U H m m m m m m m m m FC r1 ul co m 0020 z Ol N l0 O m M N M c in r V' m O �o r r r m m r r m m r r r m r m m r O F Z N O m O w \ O x U r m m r r N N r r V' m r m N N c E N O O N N (D O N N O o O N O O O O 01 r-I r-I D> DI N 01 D\ H ti .-+ mti .-� E E E- E E E E- E H E E E E E- E. E. H C.I. a N M -4 r �D un o 0 0 0 ID �o M Ln rn `.{ E+ C V' M N N O O O H m Ln Ln m a R' O 41 z p,] . H Z O �D O lD r Lf N O C' .-1 N v N m O O m £ O tD y r Ln (n .-1 D) ID c M m O M N �+ O Cl O N ID N N a � D1 M Lf1 O 01 C Lr) - .-1 0 r m r o o m v v o M �D M O M N m O O D, lD lD M M ul 1- o m r1 N M M w co W M W W .--I O m m E+ H (Z a W a w a F a (+w. a a s a a a s a a a a a z a a H H H a a m fs a 4 a z E+ E+ U U U H E Z E RC rt FC E E+ H E, E+ E. O O a a 0 > > > O 0 0 D D 4L O O a 0 O O (D W H F W W E m m m E H E W W W E E E+ F F ❑ U a a a ° m a cn a w� a a a a w a a a m a a .a a a s O H W O O W w w CD O O W w W cn O W O \ O W O O O > a H❑ a a❑ E-E E E+ <❑ H❑ a a a a❑ H❑ Z❑ p a O❑ ❑ z U a z W W z O O O n, Z co z U U U H Z a z C7 z [++ z LL z Z H m w w m m w a, a w w H w H H H a W D. w H w w w o W W > W W > £ £ £ m > U > x x x a > D, > m > (D > H > (++ p O H H O O O w W W W W W O W Z O W m to ❑❑ U U U m a >>> a m ❑ U ❑ a Uw o `n H Q a O O o O m M C O W Ir �D M M M m ,--� > 1 > (A M c rn o o M M o Ln m r N z Z £ N M N m m D1 D1 lD N N m ak m O D1 H ❑ H O M r m I I 1 I M c v v O O .--I Q` O H Z M lD ID N N N N Ln u) Ln Ln m .-1 Ln O N ❑ .-i Ln N O O O O N .--I .-i .-1 O H ?4 a x w m a I o o w F a o -D ID c o 0 0 0 0 0 0 0 0 0 w O V O O O O o N to In to O O v C. O (p O W lD lo l0 lD l0 l0 O 1D ID lD lD O O �o O O aM a) a) m m m m r m m m m H N 01 M m Z o + i o 0 o o M , o o H o E+ z M .-+ ti N N N N N .--I H .--i .--1 .-/ N 0 J Ln O O O o 0 o Ln o O O O In o O O o o N n n Ln in Ln in f`') Ln Ln Ln in r Ln r O U U r-1 r-I .--I N N N N !.� O O O O O O O O O O O O O O O O O ri Lf) to Ln Ln in In r-I Ln �n Ln Ln .-1 v Ln z z z z o ru H H H H O O U U O z a M U U m m m m U H C7 H H a a a a' O O S i 2 T W m z In D. Or W O 3 O 3 O 3 O 3 m FC U w U w U W U w o O W U H rs a D O E F E E E E H E-E a H m a 0 0 w w w w a > a I z a s z z z z a O o 0 0 a U w r.� H U U U E F E F W W z W E (++ F E-F E+ E- a z o o m m m m z a a a w o W H w U U w w w w a m w w m a rl O 00 S S 3 S W m m m m W E-F Z £ CO > a H m m x x x x x - - - a m H RC rl a a E E E E E. Z z z z QL a -- 0 w W D D m m O < < < < 3 Z (D a a ❑ x x O O O O O H E H E4 E O < O M z m E-F F m m m m m m m m m m £ m E+ H El W W z 0 > o 0 o r r r r M Ln Ln Ln Ln O M o 0 0 5 H 1, o 0 0 o M -w c c c Ln o m o o O >+ O 0 o 0 o 0 0 O O O O O O O O H N U E U U O p 5 p O <<<< < W z CD a L.. U H O O O O O O O E E E-+ E E-H E O FC O r$ U m Mu) m m m m m m m m m m m m F H 0021 z Ol O H N M c r N M c m Un at N l0 O rC O r m m m m m r m m m r m r m m m E z N O m o r 11 H m O U m m m m m m v' N N N m C N N v e-� W E. O O O O O C. O O O O O O O O CD H H H H H H H F. E E a m El F E. E. E. H El E. E F E E E. F. ELO E a a M 0 0 0 0 0 0 0 c O o o r o c .-� E o O o o O O O N o o r O z E. w z O ; O (0 N N to H 01 O �D N l0 c r o E D r tD N M tD kO r H 0) O M lD �+ O r l0 r H H m 01 -W N (N a' �o FCC M H In N r) v H N a N rn 0 O O r c Ol O O O N O 0) O O M O m M O N r1 m l0 Ll ID N O O1 M m N ko ko �o tD N ti m M N N O M O v M H w w 1, U a a a a v U U U a a a a a s a s a a a a a a a >>>> a a H a H a z z a a a a a a z E. cn F U U E-H U E+ a E. U U E-F E+ F E+ W W E+ E O O O O H O a 0 H H O O O O m In O O W H E-E z z z z E. z z E. [++ E-E W E. to cn E E+ E a F. a s E+ F+ ' U E O O O O 00 G+ a w W O W W H a a H 1-4 H H a H H a O a a ❑❑ a a a H a a a m m m O H O E H E. E O E E O O a 0 O O O U O O w Q > a ❑ U U U U❑ a a❑ a❑ w❑ .] .a ❑ ❑ ❑ D❑ a a❑ H z U z w w w w z a .a z w z a z a a z m z w z a z w w z a z H In W a a m a w O D w U w W w z z w w w z w E w H H W a W w > m m m m> a a> U> w> cD U> a> o> m> a a> a> ❑ z z z z O O O $ H H H 7C z O O D (n H H H H a a (n V1 (n fn E a H U U cn W E. U w 0) m kD ID m N H O F-1 ❑ a m m H H In O O m O W M M m H H m N N c > 1 > m m z z E m m m m m r M H ❑ H D 01 0) 0) 0) O O M H H O 0) H H 1-4 H z O O O O N N N l0 lD H 0) 01 m m ❑ H .-� H .-i O O x O O 0) N O O H H x a z a a m w m a I O O w E. a O O 0 �D in Ln 0) M O O O O N c v N W O O O Ln 0) 0) m O O ul ID al O O O O O O U'1 in ul N lD O O lD �D N ID %D m £ D m m m m m Ol O1 01 U-) U-) m N 0) Ol Ol M z O O O O O O 0 O O O O l0 lD lD lD lD lD �D 1D lD lD lD lD lD �D �D r E+ z r m v' N N N M H lD r r1 M N M M M O m O H N N in Ln O H '-+ O to O ul ul N O ID r r C V' C N In r r N U a O O O O O O 0 o O O o 0 O O O O V' V' -W in V' V' to E-F E H U U U U a s z n In (n [n H E M z z z U U OI ❑❑ W O F F Ea-E Ea -E >> O Ew+ E-4 U') a a a a a s U a s w a D O D D W W D H H C-4 a (n U1 Cn 0 CO fn O a U U Cl) H U z z z z a W 0 0 W to a 1 O O O O ❑❑ W 3 V) v7 a w O E U U U U � > Oa W m << E O .a z W w W w O O O v7 3 m H x x x x a m U z z z z In O w W N OI a a a a a s a W ❑❑ E .a H a a a a O H H. H w ❑ W ❑ ❑ w H Un a 4 s .7 m z w m a m .] ❑ a a a a z z a W H H H H w Cl) W W E+ E+ E+ E+ D D k. 3 3 3 3 3 O z O > O O O O o o O Ln CDO O O O in r O 0 O> o 0 0 o O o 0 0 0 0 o H H U E U H H a H a H a H a an z z a W m W .a H a H z H a O H a U E E El El D a > 3 3 3 3 3 3 O O 00 E. H E. E-1 O O O a a a a a a U O O 0 0 0 W w w x x x O O N ^ H H H W W W x x x 0022 0 21.1? 0023 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:47AM 10/04/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 51147 10/04/0.2 COA080 COACHELLA VALLEY WATER 744.05 51148 10/04/02 DCT100 DC & TC LLC 154999.00 51149 10/04/02 IMPO10 IMPERIAL IRRIGATION DIST 12840.55 51150 10/04/02 WEI050 MARK WEISS 54.00 CHECK TOTAL 168,637.60 z a O F z N O C O O U C7 C7 CD C7 C7 C7 U' C7 C7 C7 U' C7 (7 C7 W E. £ £ £ £ £ £ £ £ £ £ £ £ £ £ a W w w w W w W w w w w w w w W W El E E+ F F E» E+ F E+ E-E F E F E+ c O r O a\ Lf) N O H N M O 0� E co H O r r U7 C7 1i 01 m N CJ r O O z k] E. y 01 u1 N M N M Ln c c O N .-I (n r in 00 r to N m r to V' In i+ O ID N Ln O to c .--1 N N a £ v r N CL a 'n LO f O Ln O O O N O C c W £ O1 rn O c c Ln r rn m N Z n H H a a U a V) O a a Q U) Z F a F U U U U U U U U U U E z E+ 0 o a o > > > > > > > > > > o H o F E W O U M cn M U to M to E E. E U H E a4 U >> U a W E+ a U U U U U U U U U U a W a O > F-I a ai w O 0 H U] O 0 H a H a H a H a H a H a H a H a H a H O a 0 £ O 0 z U a a z z E+ E+ E E F E+ E E F E Z x z H U) W W W .a w U U U U U U U U U U w U W W EE F> .7 > w w w w w w w w w w> z> 0 a s w a a a a a a a a a a cn 3 3 3 w w w w w w w w w w .a H m a m D) m cn U) U1 cn cn U) cn O W O O O O O D D D D O D M >, > W O O O O O O O O O O O n z H O z H £ D H a H D: H H H H H H z a s < a a< a a a a a 0 > > > > > > > > > > > H x a z a a in w m a 1 o o w E. a N M ti O O 01 N M in lD M O N ' O CD. M 1D % D to 1 ID if) O N Q7 �D lD lD CD CD�o lD kD lD lo l0 .n O OJ £ r-1 r-I Q1 r r r r r r r r N y M M O N N N N N N N N O 0 0 ko F N M D U1 Ln d] n O ifl Ln N N in 0 Ln �fl Ln il"1 w W O O O C V' lD M V' Q' V' C C Q' V• 1p Q\ e-1 U.--I rl rl rl H H H .--I rl rl H r/ In H a O O O O O O O O O O O O O O w w O o 0 0 0 0 0 0 o ca z z z z z z z z z z m 3 3 0 0 0 0 0 0 0 0 0 0 p H E H F H E H F H F H E H E+ H E H E H F a s a a a a a a a a a a >> U a a a a a a a a a a a H H H H H H H H H N (n W F a z a a a s ia-1 a a a a a a a a a a Qj H a s U a a a a a a a a a a w a' D W W >. a m x a a a a a a a a a a a a U U w w w w w W w w w w w x ° o W n. Or O. 01 4r W W 0. 0. a a o 0 U £ £ £ £ £ £ £ £ £ £ a Ui z U U 0 H H H H H H H H H H £ E G. y O W > C. O O O O o O O O O O O O O D OD co Ln U i+ O O O O O O O O O O O O O LL 0a W W (L 0+ 04 04 04 0. H U H O O U £ £ £ £ £ £ £ £ £ £ W < U U U 0 H H H H H H H H H H GPI. 0025 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 12:54PM 10/03/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 51129 10/03/02 ATT075 AT&T WIRELESS SERVICES 148.07 51130 10/03/02 DJC100 THE DJ CLUB 100.00 51131 10/03/02 DOU200 LES DOUGLAS 99.75 51132 10/03/02 DRIO05 DRIVER ALLIANT INS SVC 342.00 51133 10/03/02 EMP040 EMPLOYMENT DEVELOPMENT 6204.00 51134 10/03/02 HER010 JERRY HERMAN 925.00 51135 10/03/02 IND200 CITY OF INDIAN WELLS 54.00 51136 10/03/02 NAT003 NATIONAL ANIMAL CONTROL 900.00 51137 10/03/02 REG042 REGENTS-UC RIVERISDE 258.00 51138 10/03/02 SHI010 SHIMCO CABINETS 8100.00 51139 10/03/02 SOU002 SOUL OF CHINA 263.97 51140 10/03/02 SOU010 SOUTHERN CALIF GAS CO 623.44 51141 10/03/02 SPRO10 SPRINT 54.21 51142 10/03/02 STA010 STAMKO DEVELOPMENT 43233.30 51143 10/03/02 UNIO05 UNITED WAY OF THE DESERT 40.00 51144 10/03/02 VER200 VERIZON 3545.99 51145 10/03/02 WEI050 MARK WEISS 113.00 51146 10/03/02 WEL025 WELLS FARGO BANKCARD 547.22 CHECK TOTAL 65,551.95 3O 0026 b z OD 0) O w N M a to �o r OD r ON r H N N N O E+ z N O M O \ H S U C7 C7 C7 C7 U C7 CJ C7 C7 f.'J U C7 C7 C7 O .� W E. £ £ £ £ £ £ £ £ £ £ £ £ £ £ (D < W W W w w W W W W W W W W W £ a ❑ F E1 E+ E F F F E EE F E. F. E F 0 M M LO 01 O O O O C. O O O O r ,--i E '-1 OD o o r o 0 0 0 o 0 0 o rn Z E w Z O N If1 O 01 N V' T) c' O OD O O M £ O N r u1 O Ol aT O N O V) O O �D O H M N m D1 N O H N a r o Ln o O o O o 0 0 o O r o 0 0 0 0 o O o £ O rn W N E cr u) c FC O CD co W W O v W o rn > H O N In o Z In Z z o H .--I W M R. N m E+ m H N .-I" .- I `o < a OD z a z a .Z-1 a 9 U U U U U £ U ca O W E O U (DO rt Z £ W W W a F a a H a H a W a z a U a H d 94 O W Z Z Z a r.� FC Z< < U< O< < O z O O O F W F E. W F. F E+ z E W E+ a E-F a E E. F F z O x 2 2 0 F O O cn O z 0 < O z 0 < O O O cn cn O Z W H W D. D. E+ Z E-E a F \ F W F. > F U F £ E-+ a E. E H O F W O W £ ❑ Z H a ££ ❑ H L4 y W w a \ a E. a U a N a < a O a Z a W a O O a OH cn cn cn O PO U O Z O 00 O .40 < O E-E S O a O a O ❑ .7 H > z a U W a W a W a ❑ z m ❑ z O a ❑ z Q'j In z a a ❑ z a w ❑ z O ❑ Z \ to ❑ z \ m z z U H W W W W W O W E+ W O W £ W > w Cu W H W H w w W W z w a a a> w> w> m> W> a> £> U> (D > a a> a ❑ H H H W z Z Z a (n W W H H O Cl) 3 3 3 ❑ H H E U a a W W U w E. U W %o c M r H ❑ a <r In %D M O W W r r In H ❑ H O W t4D f+1 N H z r r N M ❑ N N M O H x rj z W r.0 m W as a i O O [-4 E a O O O O N r O O O O O O O O w ko ID CD O o 00 o O CD m t0 %D O W l0 O N C O O O O O O O O to to In 01 m r M- r r r M In r z M M M Io O M l0 M (M M M Io d) M lD W ID lD 10 T In lD OD OD lD F z M M M c' N O C O M Ln r H H O Lo In In C. O O O O ul In Ln Ln O O O .-i rl rl e-1 N Cl H O to .-1 U U fy' 0 0 0 O O O O O O O O O O O ri ri H .-1 rl H .--I H H r-1 H H In •-1 a F U U U W W W W H H H £ a z ❑ o a a a z o a o a o w w w cn U) to < > F a - E-> z E. < U1 t/1 N z w < £ 1-+ W W < In U) W < O z H H a z z z i W W W [Q Vl H FC ❑ Z a O a E £ Z U m m S W E+ W W W a5 a z a H o < r.0 U a z a a a U LD FC W W a 1 U U H H H H :D £ 'S U+ < U) C4 FC D 3 3 3 O a N O Z E+ O O O N Oi ❑ O w O >+ O Z U U 4 a E F E-E > a a >+ H w ££ a Cl. FC O .a w w W t0 H D. a E. F (D H H O a ❑ E F F x W a £ W H < W x S O W Z RC Q E a ❑ w h U Z a cn U) [n E 4. z O W > in In LO O O In O O O M N O C. N ^� O r r r O CD O v o o v H H O v O >. O O O H N O O O N O O O O C. U E+ E E-E E U D H 4, a ❑ E U H H O U H F F F F7 O a £ W z < W 2= O < U < a < ❑ ❑ ❑ w x H z a cn U) v) 0027 z O .--i N M V' u) l0 r 1� N M v' Ul O F 2 N O M O N U C7 C7 C7 C7 00 L7 o C7 0 U'0 U O .-1 W F £ £ £ £ £ £ £ £ £ £ £ £ £ 0 < W W W W W W W W w W E+ W F W E+ W E-F a m F E E-E E+ E. F F F F 0 M U7 0) .--i O O O c O �n M 01 C) N El � m N M O O �D M O 1l (T z W E. O N v' M CD Ln O M V1 M N H £ ,'Z, p to C' U'1 M N N N N H r r N r to �+ O CN N M ti .-i .--i Ul FC M M LI M O 11 O N rn M W cn o In O M r .4 l0 N V7 F M -T O c EO N M W w M v Cu F a x w � F U £ to .7 m co .7 N FC FC a to FC FC a H F z z F w E. a 0 0 E. 0 0 0 O H H O W H E-E El < F F E X E. W W E- C) U U nE a a > a a z z a >> a w a to w w a O H O U U O Cl) O a 0 O O O to to 0 S U w££ o ❑ > a ❑ >>❑ ❑ E.o w W❑ ❑ a z a z z U z to m z w z a z s x z W w z w z H w x m W H W w w > to m> W z O> W ❑> w U z U z> w z 0 z 0 W > > W > F w 3 O U z U z> 1 p < a m z ❑❑ x z w a❑ o U) C7 CD W N IL . 04 E £ [+. a .7 ❑ W W H a H 0 a � tr+i M0 Ln r H N at O O O 0 1 �0 l0 m z z £ 0) N MO tM O l0 l0 H ❑ H M W C' f`i N N N N O H p z N 0 01 0 W .-i 10 Ln l0 Ln F H x a a m w m a 1 O o w F a O O Cl O 0 0 O 0 0 0 0 0 0 W o O O O O O O O O O O O O (p O O O O O O O O O O O o rn rn N In r r u, u� r r H r r z N N M k0 M M M M M M O f''1 M ID w ID ko ko�D w W r �O W E z M N v' p U) 0 u1 m 0 0 Ln U) O O O O O O M N U 0 0 0 O O o 0 0 O 0 0 O o E E+ a a w w 0 0 0 o ❑ ❑ O ❑ a a a a P El z x x z o w H H O E. 44 m m m m a s a o 0 U U a ai 00 w a W F w w a ❑ 3 3 W w w w izi a 0zG z z L. O W W F O ❑❑ O O 3 z Y. w w N N m to to m a ` ❑0 0 w E. z z w rah w w w w co z W to tq 0 0 D >> £ 3 3 S 3 E+ 6w W z O > o 0 0 0 Ln LO o 0 0 �n cn p .-1 H .--i .--i O O O O U'1 N N N N O N O O O O O O N N O O O O O U p ❑❑ a 4 H H a s H a a a a U H O O 0. F+ z z W w W W w W W > 3 3 m S 3 02 0028 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 09:31AM 10/01/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 51115 10/01/02 ABE001 JACQUES ABELS 150.00 51116 10/01/02 BOB100 BILL BOBBITT 50.00 51117 10/01/02 BUT010 RICHARD BUTLER 150.00 51118 10/01/02 COA080 COACHELLA VALLEY WATER 17993.68 51119 10/01/02 CUN100 DENNIS CUNNINGHAM 50.00 51120 10/01/02 KIR010 TOM KIRK 150.00 51121 10/01/02 MOU050 LESLIE MOURIQUAND HUDSON 50.00 51122 10/01/02 PUE050 MARIA L PUENTE 50.00 51123 10/01/02 ROB150 STEVE ROBBINS 150.00 51124 10/01/02 SHA050 ARCHIE SHARP 50.00 51125 10/01/02 TH0200 DAVID THOMS 50.00 51126 10/01/02 TYL050 ROBERT T TYLER 150.00 51127 10/01/02 VER200 VERIZON 471.56 51128 10/01/02 WRI050 ROBERT S WRIGHT 50.00 CHECK TOTAL 19,565.24 G'S 0029 z !C WW O r i M H )o H N M V' U7 N H O M N O N m N N v H N O F Z H O O w U E £ £ £ £ £ £ £ £ £ £ £ £ £ £ £ £� C7 r.0 co W E-E w H w E. W E+ W H w E w H W E W E W F w E W E 4 W E+ w H W E-F m H E4 0 O 0 O 0 O r Vn r N n M co r r o O 0 O 0 O 0 O 0 O 0 O 0 O o Z W £ E z O O. LO O. U') o. N H. C )a. v' . �n �o . in v O. Ln . O to . O Ln O. Ln O. Ln O. Ln . O Ln » O r H m O) 0) H H 04 H 0 O 0 O O 0 m w 0 0 0 0 0 0 0 0 O 0 O 0 O H Ln co O �n O Ln M rn cn H U) O Ln O Un z O O Ln Z 0 O Ln O Ln z O O Ln H U) W r H E H E. H F. 0 U' F W UP CD W U U' > > U' > W £ 0 £ 0 F £ W w F £ W U £ a a z a a £ a a a a z a a £ a a w a< a w z< a £ a w a a< a 0 z z 0 £ 0 E < 0 a F 0 £ 0 E 0 E. 0 r.0 .a E. £ 0 0 E-E 0 a E a 0 E. O £ 0 E 0+ 0 E. 0 r.0 a w U H E U E+ \ EE H U E U U U U V E \ E+ F O F a < E a Q E. U EH a r.0 E \ E H 0 a H U z a U O W m 0 C7 Z m > O U) > 0 > aJ > (n > w a O U W m C7 O Z a O U H w U O H 0� O (7 Z a U O H (z O V w > z a V H z C) E+ z H C) rZ H Z O Z D: a: a ai z 0 z F. H O H z. Z 0 z IZ 0 0 a z o O z H z. 0 a z. 0 O z E H H U) W z RC W x > U W > Z < w w > EE w E+ w E+ w E w E w > x U W Z > < W > E U) W E > U) W > z Q w F. > U) W > x U w O a a a FC a a 4 3 < 3 < 3 FC 3 < 3 a < a a H £ H x a a H x a: Q . V H 1-4 W O a N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 o > 1 > w m o N 0 N 0 N r r r r r 0 N 0 N 0 N 0 N 0 N 0 N 0 N H H 0 a a a N N N N N a a a a a a a h H z w In w U) w U) M H M H M H M H M H W U) W U) w U) w U) W U) w U) W U) < x z a %C m w m a 1 0 o w H a w O O O 0 O 0 O 0 O o N M M )o U) )o O 0 O 0 O 0 O 0 O 0 O 0 0 0 � o 0 0 0 0 �o �o )o 0 0 0 0 0 0 0 o Z m O rn O m O M M M M H M rn O rn O m O rn O m O rn O rn 0 E-E z .-/ H H r M V' q. C H H H H H rl H 0 0 0 C 0 a 0 a` Ln M Ln a) U-) Lr) 0 0 0 0 0 0 0 v FC 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 z 0 W w W W W O H El a a x ) 0 3 3 3 3 3 0 O a >. a >. a a. a >. a r a aF' w z w a U) a E. w a a < a a a a z H a H E z cn z a 1 w a E Hm F m > > > > > z a w a H Cd Cl) w a F z m a < a FC a a a Q a D L) �4 o E m 0 x m o x m FC H D U) W O m a a w .7 w a w .-1 w a w U) w H W «7 a w F < a % r� a a < x x U x U x U x U x U H z x H a RI; H W > H x ❑ H a< a 0 O U < a H U H a 0 0 0 0 s 0 z w £ O w w a w E U a > < E a w h m m O O v U U o E. o RC o z 0 0 U o >+ E+ > 0 0 w o 0 H m 0 O E 0 m 0 FC 0 o 0 r.0 0 m 0 Q 0 m 0 a 0 m 0 a 0 0 H z 0 O z 0 Ln O a 0 u) O w 0 Ln li m 0 Ln O < 0 0 n N O U H m O O O O O O O O H O O o 7C \� x r.0 U r.0 m m U U U U U U X £ a z U) E-F 0030 z r m rn o v H N N E Z N O O N O U C7 U' U' C7 C7 C7 C7 U' C9 W F U' < W w w W W W w W w W m E E E+ E-E F E+ E+ E E+ m O C CD N H C r O O 01 E. o M m dt c c v O o z E. W Z O N N N O In N M M r LO V7 ul '+ O .r-i w 0 o is o 0 0 If) o O o 0 Ln Ln r z ur) c O 1--I W F ❑ O > > z z E a E Z a 0w a 0w 0w 0w a1 sx a °' 0 0 0 0 w x 0 0 U El0 F F U E. 0 0 0 U O " < H W a a H H H H> s U a O H O Z O E-F F E-F H cn O H O > a ❑ H ❑ 4 4 4 4 a w ❑ a ❑ OE+ H U] W Z W H H H H Z Z O W W > o a> a a a a x° H w>> !n a H N H N Dr Cn a x H 04 NO 0 a O N kD r 01 M O O O W O N N�Q N �O r O O I N ON N Z Z E H M H N c M H ❑ H .Z. Da r H C N H H H Oa H Z W r r r r r W ❑ In r r u1 M r r r (n H AG FC z 4L < m w m a O O w H a O N N N cD O 01 v O W O M M kD 0 H O m O l0 kcl)D t0 kD O ID ID O O � H H Ln m r r Z 0 M M M M M N N 0 ul l0 l0 �c ko l0 l0 l0 ul . F z 0 0 LO u) u) u1 Ln uO V) o O U U rt o 0 0 0 0 0 0 0 0 M O 0 Lr) F. 04 FC W C7 a H W H E $ a z E t7 < 0 E+ 0 0 0 0 0 0 0 E+ >+ Ol a N N N N N N N m (� a W H H H H H H H 14 w a 0 m a a a a a a a m a 0 O w w w w w w w 0 F G. W m > > > > > > > a O > O O O O O O O O N O » O N N N N N N N O U E a a a a a a a a H U H >+ w w w w w W w a > > > > > > S a W 0m E+ G .S 0031 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 11:23AM 09/26/02 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 51080 09/26/02 &01824 PATRICIA BRITTEN 60.00 51081 09/26/02 ATT075 AT&T WIRELESS SERVICES 49.00 51082 09/26/02 BAX100 DAN BAXLEY 50.00 51083 09/26/02 BECO10 DEBORAH BECHARD 50.00 51084 09/26/02 BOU100 MICHELE BOUDREAU 50.00 51085 09/26/02 BRO100 SHELDON BRODSKY 50.00 51086 09/26/02 CAL167 CALPERS LONG-TERM CARE 26.31 51087 09/26/02 CAL300 GARY CALHOUN 50.00 51088' 09/26/02 COA014 COACHELL VALLEY CHAMBERS 140.00 51089 09/26/02 COA080 COACHELLA VALLEY WATER 1032.18 51090 09/26/02 COA081 COACHELLA VALLEY WATER 46200.00 51091 09/26/02 COL035 MARIAN COLLINS 210.00 51092 09/26/02 ENV100 ENVIRON INTERNATIONAL COR 999.29 51093 09/26/02 GAS010 GASCARD INC 1404.65 51094 09/26/02 GUM050 BRAD GUMMER 381.50 51095 09/26/02 ICB010 ICBO 60.00 51096 09/26/02 IMPO10 IMPERIAL IRRIGATION DIST 11636.44 51097 09/26/02 JEN100 JENSEN'S FINEST 262.50 51098 09/26/02 JOB020 JOBS AVAILABLE INC 29.95 51099 09/26/02 LAQ050 LA QUINTA CITY EMPLOYEES 689.91 51100 09/26/02 LEW010 TOM LEWIS 50.00 51101 09/26/02 LOU100 ELSE LOUDON 50.00 51102 09/26/02 MAH100 CYRILLE P MAHFOUD 50.00 51103 09/26/02 MCG100 THOMAS A MCGRAW 50.00 51104 09/26/02 MOR200 KURT MORTENSON 50.00 51105 09/26/02 MOU100 DONALD J MOULIN 50.00 51106 09/26/02 OLA100 MILTON OLANDER 50.00 51107 09/26/02 PET005 CASH/PETTY CASH 141.23 51108 09/26/02 REY050 ELAINE REYNOLDS 50.00 51109 09/26/02 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 51110 09/26/02 STA044 DARREN STANLEY 62.50 51111 09/26/02 STJO10 VICTORIA ST JOHNS 50.00 51112 09/26/02 UNIO05 UNITED WAY OF THE DESERT 176.00 51113 09/26/02 VER200 VERIZON 47.60 51114 09/26/02 VER210 VERIZON INTERNET SOLUTION 70.90 CHECK TOTAL 64,806.46 0032 Z N 0) O O d) N O .-1 N <o r M N O E Z N O N rn U 0 (D 0 U' (D C7 rn 0 0 U C7 C7 U C7 O W E. £ £ £ £ £ £ £ £ £ £ £ £ £ C9 4 W W W W W W rn W w w W W W W a m F E F E E E. E. F E• E E E+ E E. m 0 O O O O O C. N O O O M N M O � E. O o 0 0 o O M O O O N lO M O -4 z F W z o a> o 0 0 0 o 0 0 0 �O Ln o £ ❑ c n L() N u7 N u) l- r M W M O > O r N m o a � M O O O O O O O m O O O O O O M O O 1- O O) O O O a O V) w O O N w v CD Ln Ln Ln < Ln a N C7 Ln z O W Z >>-4 O E m a E-F E £ £ E- > x a w U £ £ £ a U £ a a z . r0 O 0 0 "" 00 F U a w a a a a > a a a w w a a a z a w rC c) a v< ❑ z cn E+ O E E+ F• > E-F > &• a F a F. > E F E W o 0 x 0 a O cn 0 cn O O i 0 cn 0 a a O O m E. a. E-• FC E F F F F E-E E+ W W E+ F W O F Z N In m U V U to H 04 V !z rn a a fz E4 W E. W w a a E+ M £ z> > > C. O H O N O rr�� O H O H O £ O m 0 H O r O O ❑ > CG ❑ ❑ W ❑ a ❑ z ❑ Z ❑ E-+ ❑ •4 ❑ z ❑ x x ❑ ❑ O z H U to Z O z w a W Z W O F Z W O £ Z W a £ z w cn w z W ❑ z W£ ❑ z w U U z w z w m W rz W z £ w w w > a > a > £ > £ > > > a > £ > a a > F E F > 3 ❑ W H ❑ O O z \ O a s Q FC a O cn oG 3 U U U H a U w w U W in N N N N N 0 H ❑K. c O O O O O O O O O O N N N N N O z1 z £ N N r r H ❑ H D m M a a 04 W LL I- O O H z Lr) L W W W W W O O c N co !n In (n U) u) H y' z a FC m w m rx i O 0 k E+ !z W O O O �0 O O O O O O O O O O O O O O O O N M N M u7 ID O O m O t0 O O O O O O O O ID t0 ID O O Z f� M M M 01 O O c) 0\ O Ol O m O r M m M M M M m M m N 01 v� l0 u) u) in N clj N ul l0 l0 l0 kD %D l0 E z O u7 M 1-I LO r 4 ur) .-i N O O ti ul N O O Ln -w u) c Ln N O O U O 1 N N N N O N V a C o 0 0 0 0 0 0 o O o O o 0 0 u) W m a c�a a mm m m w m w H o a £ U U 3 3 3 3 In w m ❑ a r w > >. w w w w GL F E m Z < w x �4 En E. 1 w a w s a a s a 14 a a a H z u) w x v ❑ o ❑ 0 cD z z o a 4< .a < > a > > rt > a m a >. w 0 a 0 0 >> w .4 F z r.0 W a w a m m m a x a a s rC a RC a rt a FC a m < H m H U H 3 x 9C 3' Is1 a z O fn % . < a a H C4 F m O W x ❑ a w a, >. x U x U x U x U x U x U w< a O ❑ E < w F z FC m w U H w x a < a < rC 0 rL 0 a 0 a 0 Q 0 a 0 u) F w z W a FC ❑ ❑ £ cn u (D U U U U U c) Z O O > d' N LO I- O O O .--1 O O o O t0 O O v c Cl m O m O m .--� CD O U >• E m O F .--1 x O U O O a a O < O r.4 O < O < O < O r < U a U (D w El a a m w m O m a m a V 0 o 0 0 v 0 u 0 U 0 U 0 0 0033 z C ul 1D V' r N to m M r --� 9 '-1 H r M N M O H 2 N O N o) N U U U' U u C7 (D U' t7 U' 0 m U t7 O (4 F m m m m m m m m m m 0) m m U' FC W W W W W w w W W W a% w w E E. E. H E E+ E E. F E+ F a o 0 0 o m In O o 'D to o u) o 0 .-1 E O O N �D N O in to Lr) (T 01 O O H z E. W z O O 0 c O r to N m O O O m O O •--i 01 O oD lD O N tD N aD N N >+ O e N 01 v M O to N lD W r1 H O O Ol Ln O O v' O in O O O N �D it7 O v u7 m 01 O W O O c� c .-+ O tD to N Ot O a O [+e O 1-I to 01 O O w M a w N ❑ to < u7 (D N N H to C M tD r.� N �D O Z F iD to H ClW m 1-4U c >+ < E Q m w a z > z z W a m z z x O 0 m O < H U Lf) O U m to H U a a a s to a a \ a a a s a a s > a a a FC H RC w < < z o < (t tt ❑ < 0 Z w H E. O E. to E+ E. O H U U F+ U E. z E. a E. Q E+ E O S O O to O < O O H O >> O x 0 0 0 i O O a W H W E a E+ E. x E a F E H to to F+ W E+ H F E F H < O F to O m U O < E+ �4 z H D1 a E. a U a a s E. a U a U U a a s w a N m W a a O H D O U O z 0 O O U O H O H H O a 0 H O to O m 0 > Z a U O m 0 0 z a 0 z r.0 ❑ GL Z ❑ Z D a ❑ z E. H ❑ a Z E a F ❑ z < m ❑ a z U ❑ z •� ❑ ❑ F z to ❑ z O H to W H W W a W E+ W E+ W U U W W W to W W W W E W 3 > to > W > W > to > a > W W > to > m > a > > > a 0 O z x a z W a s < O \ z 0 to E-E r. H U w w m to a4 H U W [ U W rn N N H ❑ a Lo �+'> N oD N O O O W D 1 N N O O I Ln N N Z Z m O H ❑ H 5 r-1 O M M W a H z W w to to H x a z W < m c w m a 0 O w E+ a O O Cl w O O O O O O O O O w O o o c O o 0 0 0 0 0 O o m O Cl Cl ID O O O O O O O O O m ❑ N r In T z 0) (n m 1-1 M (') N N O Ln N O O lD C lD w C lD w 1D r �o N Ln Ln E Z u) O M .--I C. c N r M V• O •--i H O O O N O O u) O Ln V7 C. O uN u7 O o) 0 r 10 O M N M N H O N U 0 0 0 0 O O o 0 0 0 0 0 0 a O E+ E+ to U to to W a H H w ❑ ❑ E rC p M 3 O O O U a O H H H z m O >+ E. F E+ H w In W < < < H H a w a a z faA H > a E u a a s H u z O Z Z H H [+, H O W F < £ a Z a U m a s to < F H m m H a Z o o << - > z 3 O < =) w z 0 a U H H z l< H w a N Cl m < a a a s W o a FC a U H H u ❑ O W W to to Oi W a rt O < a > to m O. aL z m m to a ❑ o z a u m m W 0 ry 0 a F z v w tD m H H H h h a H W W z 0 > . Ln O o O 0 0 0 0 0 0 0 0 0 to M O .-+ Ln H .•i H O N Lf) '-I O O O F O r.� O a H > O to O m O m O w O w H 'z O m O Od O 3 H /1 O 0 : U H O O z is O U m m W O < W O V �.� Qi U U U w 0 O ID a a a 0034 z OD N V' �0 to to 1.0 r w m O - N M r 07 N M cr) N N N N M M M O E-F Z O Zo N O) M U U' U U' U' C7 U U' 0 U U' C) U' 0 C7 Ol m ow E £ £ £ £ £ £ £ £ £ £ £ £ £ £ rn rn CD < W W W W W W W W W W W W W W m rn E. E. E F+ E F F E F F E-E E-E E E. E. FC a 0 0 0 0 0 C. 0 o M N 0 �n a) 0 0 0 .� Elo 0 0 0 0 0 0 �c o r. r �o m M ID o ,n Ln Z E-F . . . . . . . . . . . W Z O. O O. O. O. M ,f) .•� N W O) O. 10 N £ O to an LO v) to N N r1 Ln N l0 >4 0 a a �"a 0 0 o O 0 O M 0 0 O O O o O O N O Lf O a O O a O a O a C. E. F+ E. O ❑ l0 R� Ln ,n U LO F( Ln Ln uN Z Z Z c Ln N E O z O 0 O W W W > c co m m m m £,7 c w w a >+ �+ >4 (n cn co I a £ a a a a a a £ x x O £ 0 0 0 0 0 0 £ m u cn O U) U,m m m m m m m m O H H H U H H 1-1 £ £ £ £ £ £ £ £ U Z z a > ..] a > ...] > a > a H H H H H H H H a a m a a FC 0 Q m< ❑ ❑ FC ❑ FC w w w w w w w w FC co < < Q z E+ < E+ E-E E Q E < F < F a a a a a m a a F F+ E C7 E C7 o O O a o O O O O a 0 O W H E E E FC E E E E+ E E E S S x x x S S x E r•C E E U E z Z z z cn to cn cn cn cn cn cn �•+ >a H a, a W a a a w a w m w 41 a JJ O H O £ 0 r.0 0 £ O £ O £ O U U U U U U U U O rt O m O �n > a 0 E+ ❑ a ❑ E. ❑ E ❑ E ❑ ❑ a ❑ —1 a •-i z U Z co Z a z co z cn Z cn z >+ » > >+ >+ Z 0 z ❑ z O H cn W W W E W W W W W W W E E E E E E E E W E W W w > > > .4 > > > > > > > E E+ E F F F E E > 14 > a > a ❑ z o z z z W W W W W W W W M H U H H H 4L a a a C4 01 a a U a a4 W W H 0 a O O O O O O O • W O O O 0 O O > I > m N N (N N N (N z Z £ H p H o a 4, n, 0+ 4, [1. H z w W W w W W ❑ U] U) co (n u) Cn H .Y. Z a m w m a I O O E. E a 0 0 0 0 0 0 0 0 0 1r o 0 0 0 0 0 w C. 0 0 0 0 0 0 0 0 to o 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0�o 0 0 0 0 0 0 0 rn rn rn rn rn Z O O O o o M O N O �0 O O M O N N cn ,n Tn ,n ,n l0 r �0 r �0 r r l0 ,n N N E Z N N N .--I M O O O Ln ,n N in LO O O o O ,n o o Ln ,n o O 0 N N .--I r-I r1 '-I N N N N N C' aW N O O U rL O O 0 0 0 0 0 0 0 0 0 0 0 o o O p a H x U E-E M w 0 ❑ W 0 0 p n 0 3 Z x x x x x x x x cn 4, � Z H a rn :n in :n Cn cn cn (n ❑ >" >. a x o a w a a a a a a a E w U U U U U U U E U Z 00 ZU Z U Z RC £ W £ rt > >+ >+ >+ >+ >+ >. > >+ < W E LL F .7 E E E+ E+ F+ E E+ F w w E .7 Z cC a '� O F F E E E F F H a ❑ cn m H W O W W w W W W W W H RC D cn £ p Oa 6 W W cL GL CL C4 W z >• a 14 a 0 z a z w � a H E E x x x x x x x x H w a a s o a o a z z a cn cn m m m m cn m ra > a a p >, x o o H �� r.� rt a�� a H F z U E+ :G p E U U U U U U U U W a 0 [,., z o > o o 0 0 0 Ln Ln ,n Ln Ln Ln Ln Lo o o c 0 0 C. 0 O 0 0 0 0 0 0 0 0 0 n c c O U U E.0 H x U N a O .--I O 0 r-I < .a O E w O E+ W O E+ W O EE W O E -E W O E -E W O EF W O F w O >+ W O > H O ry F 641 U £ £ £ 0 n, w w a u, a, w w a a U) 0035 Z M 01 M c c M N N 9 O H Z N O N \ v S o W E £ £ £ C7 FC W rn W W £ a m F F F E. m O O O O O •--i F O O l0 O� Z F W z O tO r O £ O un r v r N O a 0 0 0 0 0 u) 0 0 �o rn N O �o r O (9 un r c r Z F F > £ FC 3 £ O W U H U r1 Z < < W < E. ai 0i O O O O U O W Fr E-H H E-F F rt F+ rUiW a H 1j a > a H a , "'ozo > a o z S .iS r+ cn W £ W W Z W W W > a> i> o o> z> Cl) U a a w H a O Q O O W O l0 r I N Z Z £ 01 l0 H O H O d IA M H z w r r o U) r Ln x a z a � m w m a I O o w F a o 0 0 0 w O 0 0 0 m o 0 0 0 O rn u-) Ln rn Z O N M O N w H Z ti O M N O Ln O In 0 O N CDI Ln U U •--I � � N R� O O O O r-1 r-1 r-i In z E-E O a w H � o w a Q O M In O In W O Z S H Ln S F W a O z a h w a O w I E+ H RC m Z W E- a Z r 3 O a 0 O O a Q a E F H N iL Q O U H a a a 0 z W W > D > > F k W z O > o Lo o 0 O F h z a a C.)U) M > > G42 0036 T,&t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 15, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Transmittal of Treasurer's Report PUBLIC HEARING: as of August 31, 2002 RECOMMENDATION: Receive and file. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated August 31, 2002 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. ctfully s it d, n M. Falc ner, Finance Director Approved for Submission by: Thomas P. Genovese, City Manager Attachment: Treasurer's Report, City of La Quinta 643 ATTACHMENT 1 Tit�p 4 4 Q" MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for August 31, 2002 DATE: September 30, 2002 Attached is the Treasurer's Report for the month ending August 31, 2002. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Dept. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Endin Chan e Cash $4,083,824 (1) ($3,216,903) $866,921 ($3,216,903) LAIF $17,959,597 17,959,597 0 US Treasuries (2) $60,810,462 (3,000,000) 50,429 57,860,891 (2,949,571) US Gov't Agencies (2) $14,895,525 17,694 14,913,219 17,694 Commercial Paper (2) $0 0 0 Mutual Funds 1 $9,736,900 5 205,012 1 14,941,912 1 5,205,012 Total $107 486 308 $5 205 012 $6 216 903 $68123 1 $106 542 540 $943 768 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. the City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. Footnote (1) The amount reported represents the net. increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. `D Z o v— ate G 4 1 0 Z C Q � c ¢ W a yy pp 6 `F CC CC CC CC CC CXX ��jj $ O� '�' O •E E E� •E �� 8 8 N N� N lag !°' c `Y 4 c9i aQ v� 7, C m N g� a� ,e 7x� � z 88888 Qoy0�000g g p 8g 285 p p 285 � ape � 5 v o 3 g � p8 2E 2e 2e ¢ 3 8 g 3 a N LL a^ CC W 25 a C y C 9 Q m v� O IJ � Ol b' limes LL _ 0 W 6 JIM i t! 5 a c a QQ q UNIL > G UC4 a �8Q+8080 QSypS 8080� y 00`:00� x YfN�YIr�` p N � n AOA a Min! Y Y x N r Np/f/ly W V1 ffiffiffiffiEs gC > Y Y Y Y > Vl y'B'Ssss'Sg i �y N N O��OM gG�gG�NpN .- qG qQ m P a N OI � om� �mp � � � t? ap � � ♦� M 0 0 0 0 0 0 0 0 0 0 0 0 3333333333333: N� aY �^ O •S A N^� M W m xxb xp xa Xb xb xa xxb» ffi�BffiffiEgEffii�iffiffi u. u � � lu u u u ainTnaf'naf'n�Tn�yy V m? g?�' I•! 11 4 <�75 U A 0�5 .L- 0 Q rn c U C N C_ LL N C ca > >, +V+ c C =a a) E ccwEN �>Oo 0 4- 0 N 0 0 > ca � v M -J Co OE,E cm �7 z z z d Z, •p C Z Z Z O Z Z CZ N N CL C O .6 C LO c .` N N a L rn c d v) O 00 c V C a� L U N O c m V m U�' N R 0 Z c C cm C L a �CcMQUL a Z c IL mzz'D E E U E rLL amp ECtp LCDca Jr- zC.) L O � a O � O O M ,COR 7 O O N O ate+ O M O co fl. G O O � •L N C N a cn M f .o c v� —- c m m c>6 O O Z' p a a c ,U� U Cc N U = ~ V) D C 'o ca L N U_ O N N Z o c c m 0 V co O N oUU U N c +, p c Z Z z Z N C 0 y r+ cc U rEv,E °o C c c E U� 0 = z U 7» E°- O N M COOa?NN 0 � co V- � ONtOG d9 EA M N 7 O C N ca Aa •m m a —0E ch ._ m C c y E ca IL` tea CD In V OWEEmo c m r+ L fN y y _ N m C 0 0 N C c E 0 0 .r �- to 0m p 0 N M C G� 0G6 § KK�k $��§� CL Ran$ U. ! I'la LL WLL3l/3I� \ !| 2 i`_- § ® 2! $Lfill � !. 2 Lu Oki- 0U7 ) af/ n 03: „ k� $2a kk « � 8J\§_ %'t-6 EEE Co uiLU ccm0 kk434LL � as k$ --■ 7Jk§_ ma .FF2 EEE•# wwL U @K@ 2992 @@@� §##qe Cn Cl) K§K§ 1* ton )(\§ �@�@o §§§§� @@@_ $ 4 0 toco� @@@� ##4� §@@� �§� @(K� §QQa \\k§ )fKk§ C6(60w 0AS �g #� x a �gQotSo� Qii Q e x Zee$o� pa-150 g a� i x �g�ooa� e _ >�d S 0 stts g...e a�a��sssss n 13��geneRg!Ra ��Si Siii4StiY i6916ffi i6 ttt�6Sl>6l8itiE8 m w w a m �� K�C KCKySy ay$OOC �$OOy �OOK� � � S 8 $ 3 0 C 9 M } N�O)l7A ap�D�mO��A � � e0 4 pO n'N !4 In C lTTQajj 1D 70Q N0 �j ea� C-4 �a�y 10f)_NA 0 f aD •Z ILL N �@ e- -A N m C6 W; m Cp b m p � LOCCD Iniri? 0'0 A OLO 00 fgp�1 poop jD N co M l' 7 aO tp�pM O 1 D$ 10 M N W W y O I N rp N �O�o �tlp CO WWp Of O� ppppA O �Ny pp� pNr� �D �Cp•�� OIL LL a MM N MHO �N - N N {r to.' O�f? �p�p am A LL pOpp �0pp00� N to N M Ifl !9 M O! 10 r. 10 p MAN' M N A OaD ,� N O y a y �pQNNOONO `v O� IWW�tM�pp VVO nA �Of a0 aa�pOpA 110 MONs Na W W LL nNNOM f7 A N N �j pN" 0 og m� m X:� e � a z E ig ca 0 LL E $ c c _ e am c m mi �rynryaym�R m � � A a �N ��S t�q� K Wfq��UOF Z U e W 'S Z d n rD OD i LnCD ►1 M t0 N LL 3 q N v O Cj 2 . O A C C L ss z:2 z ul � }1 010 CITY OF LA QUINTA CITY FIXED CITY LONG TERM RDA FIXED RDA LONGTERM FINANCING FA LONG TERM GRAND BALANCE SHEET 0113'1102 CITY ASSETS DEBT RDA ASSETS DEBT AUTHORITY DEBT TOTAL ASSETS: 2,835,583.40 0.00 0.00 15,245,589.34 0.00 0.00 9,353.13 0.00 18,090,525.87 POOLED CASH 0.00 0.00 670,000.00 0.00 0.00 0.00 0.00 670,0D0.00 LORP INVESTMENT IN POOLED CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 43,000.000.00 INVESTMENT T-BILLINOTES S OTHER 43,000,000.00 0.00 0.00 AUTO MALL CASH 0.00 0.00 0.00 0.00 64.992.44 0.00 0.00 0.00 0.00 64,992.44 LORP CASH 0.00 0.00 0.00 5,312,309.69 0.00 0.00 2.44 0.00 5,312,312.13 BOND REDEMPTION CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND RESERVE CASH 0.00 0.00 0.00 39,629,074.35 0.00 0.00 526.19 0.00 39.629,600.55 BOND PROJECT CASH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BOND ESCROW CASH 0.00 0.00 0.00 0.00 0.00 0.00 O.OD i 000.00 PETTY CASH CASH & INVESTMENT TOTAL 1 000.00 45,836,583.40 0.00 0.00 60,921,965.83 0.00 0.00 9,881.78 0.00 108,788,430.99 INVESTMENT IN LAND HELD FOR RESALE 0.00 0.00 O.DO 0.00 0.00 0.00 0.00 0.00 0.00 ACCOUNTS RECEIVABLE 139,623.80 0.00 0.00 00,900.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200,523.80 (225.891.02) PREMIUMIDISCOUNT ON INVESTMENT (61,603.53) 0.00 0.00 0.00 (164,287.49) 30,715.94 0.00 0.00 0.00 0.00 30.715.94 LORP-ACCOUNTS RECEIVABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 245,287.37 INTEREST RECEIVABLE 245,287.37 (59.06) 0.00 0.00 13,215.683.11 0.00 0.00 0.00 0.00 13,215,624.05 LOAN/NOTES RECEIVABLE 86,040.17 1,408.197.44 DUE FROM OTHER AGENCIES 1.322,157.27 0.00 0.00 0.00 0.00 0.00 2,299,096.69 DUE FROM OTHER AGENCIES - CVAG 2,299,095.69 0.00 (2299,096.69) CVAG ALLOWANCE (2,299.090.69) 0.00 0.00 0.00 0.00 0.00 0.00 ,900.37 9000. DUE FROM OTHER GOVERNMENTS 90,900.37 0.00 0.00 20,660.22 0.00 0.00 0.00 0.00 80,950.22 DUE FROM OTHER FUNDS 50,300.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.497.550.20 DUE FROM RDA 8,497,550.20 0.00 0.00 0.00 0.00 0•� 0.00 ,034.78 2 38 INTEREST ADVANCE -DUE FROM RDA 4,233,034.78 2.00 1,288,772.03 ,772.03 ADVANCES TO OTHER FUNDS 1.100.000.00 0.00 0.00 0.00 0.00 0.00 0.00 3,087.88 NSF CHECKS RECEIVABLE 3,067.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 47.417.80 ACCRUED REVENUE 47,417.80 20,359,334.94 FIXED ASSETS 0.00 20,359,334.94 ' 1,018.483.58 ACCUMULATED DEPRECIATION 1.018.483.8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 800.00 TRAVEL ADVANCES 600.00 0.00 0'00 0•00 0.00 0.00 0.00 0.00 0.00 0.00 EMPLOYEE ADVANCES 0•00 0.00 0'� 0'00 0.00 0.00 0.00 0.00 0.00 0.00 PREPAID EXPENSES RECEIVABLE TOTAL 16,696,700.44 20.359,334.94 0.00 14,516,483.98 0.00 0.00 0.00 0.00 51,572579.38 WORKER COMPENSATION DEPOSIT 148,445.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 DO 0.00 0.00 148.445.00 0.00 RENT DEPOSITS 0•00 0'00 0.00 0•00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.00 UTILITY DEPOSITS 75.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (951.79) MISC. DEPOSITS DEPOSITS TOTAL (951.79) 147.568.21 0.00 0.00 0.00 0.00 0.00 0.00 0 00 147,568.21 0.00 0.00 0.00 0.00 52,290,306.05 0.00 0.00 0.00 52,290,306.0.05 GENERAL FIXED ASSETS ACCUMULATED DEPRECIATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT AVAILABLE TO RETIRE LIT DEBT 0.00 0.00 1 694 31.51 0.00 0.00 160.996.172.00 0.00 7,475,000.00 170 167,403.51 FOR IT D AMOUNT TO BE PROVIDED FOR LIT DEBT 0.00 0.00 0.00 52,290,308.05 180,998,172.00 0.00 7,475,000.00 222,457,709.8 TOTAL ASSETS 0.00 0.00 1,894,231.51 62 680 912 05 20,359,334.94 1 694.231 51 75 438 449 81 52.290.306.05 16 9998 172.00 9.881 76 7,475,000.00_ 380.94628.12 TOTAL ASSETS LIABILITIES: ACCOUNTS PAYABLE 389,818.83 0.00 0.00 (345,504.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 44,314.83 97.754.35 DUE TO OTHER AGENCIES 97,754.35 0.00 0.00 0.00 0.00 0.00 1,347,051.40 0.00 0.00 0.00 0.00 0.00 1,37,7.82 DUE TO OTHER FUNDS 20,680.22 1,266.772.03 0.00 0.00 12,483,537.00 0.00 0.00 0.00 0.00 13.750.309.03 00 INTEREST ADVANCE -DUE TO CITY 0.00 0.00 0.00 0•00 0'00 0.00 0.00 ACCRUED EXPENSES 0.00 95,538.44 95,530. INTEREST PAYABLE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 172,78.70 PAYROLL LIABILITIES 172,755.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,549.55 STRONG MOTION INSTRUMENTS 1,549.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FRINGE TOED LIZARD FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 250.00 SUSPENSE DUE TO THE CITY OF LA QUINTA 250.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15.530,183.52 PAYABLES TOTAL 1,949.560. 88 0.00 0.00 13,580,822.84 ENGINEERING TRUST DEPOSITS 0•00 0•00 0'00 0.00 0.00 0.00 0.00 0.00 0.00 O.DO 0.00 0.00 0.00 0.00 0.00 SO. COAST AIR QUALITY DEPOSITS .. 0.00 0.00 0.00 0.00 16,420.00 0.00 0.00 0.00 0.00 18,420.00 LORP DEPOSITS 0.00 877,674.12 0.00 0.00 0.00 25,D00.00 0.00 0.00 0.00 0.00 0.00 902 466,. 486,33737.5 5 DEVELOPER DEPOSITS MISC. DEPOSITS 441,337.85 0.00 0.00 25,000.00 0.00 0.00 0.00 0.00 0.00 0.00 1,077.357.28 AGENCY FUND DEPOSITS 107735728 0.00 0.00 0.00 56,420.00 0.00 0.00 O.DO 0.00 0.00 2,462,959.25 TOTAL DEPOSITS 23#509.25 0.00 obo DEFERRED REVENUE 1291.402.00 0.00 0.00 11 079 695.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12 371 097.08 12,371,097.08 OTHER LIABILITIES TOTAL 1,291,402.00 0.00 0.00 11,079,895.08 COMPENSATED ABSENCES PAYABLE 0.00 0.00 422,197.92 0.00 0.00 0.00 0,00 0'00 422,197.92 DEVELOPER AGREEMENT 0.00 0.00 743.722.59 528,311.00 0.00 0.00 0.00 0.00 0.00 528.311.00 DUE TO THE CITY OF LA QUINTA 0.00 0.00 0.00 0.00 2.250,000.00 0.00 0.00 2,250.000.00 DUE TO COUNTY OF RIVERSIDE 0.00 0.00 0.00 0.00 0.00 8.063,172.00 0.00 0.00 8,063,172.00 DUE TO C.V. UNIFIED SCHOOL DIST. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DUE TO DESERT SANDS SCHOOL DIST. 0.00 0.00 0.00 0.00 O.DO 150,885 000.00 0.00 7.475 000.00 18 180,000.00 BONDS PAYABLE 0.00 0.00 1,694,231.51 0.00 0.00 180,998,172.00 0.00 7,475,000.00 170,187,403.51 TOTAL LONG TERM DEBT 0.00 0.00 5,637,531.93 0.00 1,694.231.51 24,726.737.92 0.00 160.998,172.00 0.00 7,475,000.00 200,531,673.36 TOTAL LIABILITIES 57,043,380.12 20,359,334.94 0.00 50.711,711.89 52,290,305.05 0.00 9,881.76 0.00 180,414,614.76 EQUITY -FUND BALANCE 82 880 912 05 20 3S9 334 94 i 894,23151 7SA38 449 81 52,290 308 OS 160 998.172.00 9,81.76 7,475,000.00 380,946,28.12 TOTAL LIABILITY &EQUITY 0.00 0.00 0 00 0 00 0 00 0 0.00 0.00 0., CASH & INVESTMENT TOTAL 100,768,430.99 PREMIUMIDISCOUNT ON INVESTMENT (225,891,02) TOTAL 106.542,539.97 G14 oil TWit 4 4Q" COUNCIL/RDA MEETING DATE: October 15, 2002 Transmittal of Revenue and Expenditure Reports dated August 31, 2002 and Investment Summary Report for the Quarter Ending September 30, 2002 RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Transmittal of the August 31, 2002 Statement of Revenue and Expenditures for the City of La Quinta and Investment Summary Report for the Quarter Ending September 30, 2002. spect Ily submi d, Johjn M. Falconer, finance Director Approved for submissi n by: Thomas P. Genovese, City Manager Attachments: 1. Revenue and Expenditures Report, August 31, 2002 2. Investment Summary Report for the Quarter Ending September 30, 2002 CITY OF LA QUINTA REVENUES - ALL FUNDS 07/01/2002 - 08/31/2002 ATTACHMENT 1 3 3 FUNDS __ _ _ BUDGET 11 ....... RECEIVED RECEIVED jGeneral $16,559,177.00 $1,492,908.20 9.00% Library 623,100.00 0.00 0.00% Gas Tax Revenue 569,900.00 (41,209.07) -7.20% Cmaq/Istea 0.00 0.00 0.00% Federal Assistance 164,800.00 0.00 0.00% ;Assessment District 2000-1 0.00 0.00 0.00% 'Slesf (Cops) Revenue 2,200.00 0.00 0.00% ;Local Law Enforcement 28,300.00 0.00 0.00% ?Lighting &Landscaping 829,700.00 0.00 0.00% €Quimby 33,400.00 0.00 0.00% Crime Violent Task Force 81,500.00 0.00 ? 0.00% ?Infrastructure z 61,700.00 ( 0.00 0.00% ;Village Parking 0.00 0.00 0.00% South Coast Air Quality 23,281.00 (7,300.00) -31.40% LQ Public Safety Officer 2,300.00 2,000.00 87.00% Interest Allocation 0.00 180,860.19 0.00% Capital Improvement 42,247,403.03 720,407.92 1.70% ,Lq Norte Capital Improvement 0.00 0.00 0.00% Urban Forestry 1,100.00 0.00 0.00% Equipment Replacement 333,148.00 289,348.00 86.90% `•:Information Technology 176,164.00 162,164.00 92.10% 'Arts In Public Places ' 104,000.00 12,564.72 12.10% Transportation 572,100.00 84,768.57 14.80% ;Parks & Recreation 271,500.00 26,516.00 9.80% Civic Center 213,300.00 28,331.30 13.30% ;Library Development 130,400.00 1 13,336.00 10.20% :Community Center 53,600.00 5,886.00 11.00% Street Facility 8,500.00 1,374.89 16.20% Park Facility 2,700.00 316.00 11.70% Fire Protection Facility 48,700.00 3,780.38 7.80% Library Development (County) Facility 204,000.00 1 0.00 0.00% 'La Quinta Financing Authority 688,130.00 113.49 0.00% RDA Project Area No. 1 25,606,445.00 112,667.83 0.40% RDA Project Area No. 2 11,843,744.00 (20,434.21) -0.20% 'Total $101,484,292.03 $3,068 400.21 ; 3.00% .. . ()j;J CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 0710112002 - 0813112002 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET % EXPENDED General $17,342,904.47 $2.168,970.90 $42,285.20 $15,131,648.37 12.5% Library 0.00 0.00 0.00 0.00 0.0% Gas Tax 569,900.00 94,983.32 0.00 474,916.68 16.7% Cmaq/lstea 0.00 0.00 0.00 0.00 0.0% Federal Assistance 164,825.00 0.00 0.00 164,825.00 0.0% Proposed Assessment District 142,657.21 0.00 0.00 142,657.21 0.0% Slesf (Cops) Revenue 0.00 0.00 0.00 0.00 0.0% Local Law Enforcement 0.00 0.00 0.00 0.00 0.0% Violent Crime Task Force 40,000.00 1,568.41 0.00 38,441.59 3.9% Lighting & Landscaping 829,700.00 138,283.34 0.00 691,416.66 16.7% Quimby 97,326.35 2,603.85 0.00 94,722.50 2.7% Infrastructure 2,565,520.98 67,377.24 0.00 2,498,143.74 2.6% Village Parking (1,892.85) 0.00 0.00 (1,892.85) 0.0% South Coast Air Quality 0.00 0.00 0.00 0.00 0.0% Lq Public Safety Officer 0.00 0.00 0.00 0.00 0.0% Interest Allocation 0.00 0.00 0.00 0.00 0.0% Capital Improvement 42,247,401.92 720,407.92 5,666.43 41,521,327.57 1.7% Lq Norte Capital Improvement 0.00 0.00 0.00 0.00 0.0% Urban Forestry 1,100.00 0.00 0.00 1,100.00 0.0% Equipment Replacement 328,842.00 16,951.72 21,232.56 290,657.72 5.2% Arts In Public Places 336,110.87 40,738.46 0.00 295,372.41 12.1% Transportation 1,435,004.17 173,064.83 0.00 1,261,939.34 12.1% Parks & Recreation 5,391,927.00 17,043.94 0.00 5,374,883.06 0.3% Civic Center 568,518.00 33,971.00 0.00 534.547.00 6.0% Library Development 5,231,894.04 15,708.19 0.00 5,216,185.85 0.3% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 0.00 0.00 0.00 0.00 0.0"/0 Park Facility 0.00 0.00 0.00 0.00 0.0% Fire Protection 1,500,000.00 0.00 0.00 1,500,000.00 0.0% rary County DIF 0.00 0.00 0.00 0.00 0.0% Information Technology 611,100.00 38,928.98 0.00 572,171.02 6.4% La Quinta Financing Authority 557,328.58 522.49 0.00 556,806.09 0.1% RDA Project Area No. 1 38,013,048.77 940,536.57 0.00 37,072,512.20 2.5% RDA Project Area No. 2 15,718,394.01 245,503.50 4,870.00 15,468,020.51 1.6% Total $133,691,610.52 $4,717154.66 $74,064.19 $128,900,401.67 3.5% 07/01/2002 - 08/31/2002 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Low Property Tax Distribution Document Transfer Tax Sales Tax Transient Occupancy Tax Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Electrical Permits Mechanical Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Bldg & Safety Fees Community Development Fees Public Works Fees TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc. Fines AB939 County of Riverside Grant State of California Grant Fire servicesCredit CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue Cash Over/(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND REMAINING % BUDGET RECEIVED BUDGET RECEIVED 535,600.00 1,834.34 533,765.66 0.340% 704,700.00 4,176.67 700,523.33 0.590% 387,670.00 48,729.33 338,940.67 12.570% 3,800,000.00 329,900.00 3,470,100.00 8.680% 3,510,100.00 138,149.10 3,371,950.90 3.940% 560,000.00 22,614.11 537,385.89 4.040% 9,498,070.00 545,403.55 8,952,666.45 5.740% 175,100.00 22,902.80 152,197.20 13.080% 12,400.00 2,664.00 9,736.00 21.480% 412,500.00 110.928.76 301,571.24 26.890% 89,400.00 15,890.15 73,509.85 17.770% 68,000.00 18,964.00 49,036.00 27.890% 37.000.00 10,501.68 26,49&32 28.380% 46,200.00 12,254.15 33,945.85 26.520% 840,600.00 194,105.54 646,494.46 23.090% 1,200.00 337.75 862.25 28.150% 187,350.00 20,394.50 166,955.50 10.890% 357,950.00 96,853.86 261,096.14 27.060% 258,400.00 46,351.25 212,048.75 17.940% 468,550.00 127,211.14 341,338.86 27.150% 1,273,450.00 291,148.50 982,301.50 22.860% 1,426,200.00 223,482.82 1,202,717.18 15.670% 60,000.00 11,885.43 48,114.57 19.810% 45,000.00 4,599.00 40,401.00 10.220% 10,000.00 2,781.19 7,218.81 27.810% 145,000.00 0.00 145,000.00 0.000% 0.00 0.00 0.00 0.000% 18,507.00 9,387.37 9,119.63 50.720% 1,698,000.00 0.00 1,698,000.00 0.000% 150,000.00 0.00 150,000.00 0.000% 3,552,707.00 252,135.81 3,300,571.19 7.100% 1,359,100.00 208,698.40 1,150,401.60 15.360% 5,250.00 1,416.50 3,833.50 26.980% 0.00 (0.10) 0.10 0.000% 5,250.00 1,416.40 3,833.60 26.980% 30,000.00 0.00 30,000.00 0,000% 16,559,177.00 1,492,908.20 15,066,268.80 9.020% GEC 005 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: County of Riverside Interest TOTAL LIBRARY GAS TAX REVENUE: Section 2105 Section 2106 Section 2107 Section 2107.5 Traffic Congestion Relief Interest TOTAL GAS TAX CMAQ/ISTEA CMAQ/ISTEA Grant Interest TOTAL CMAQ/ISTEA FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE ASSESSMENT DISTRICT 2000-1 Interest Assessment Bond Proceeds Prepayments -sewer assessments Transfer in TOTAL ASSESSMENT DISTRICT SLESF (COPS) REVENUE: SLESF (Cops) Funding Interest TOTAL SLESF (COPS) LOCAL LAW ENFORCEMENT BLOCK GRANT REVENUE: LLEBG Funding Interest Transfer in TOTAL LLEBG LIGHTING & LANDSCAPING REVENUE: Assessment Developer Interest TOTAL LIGHTING & LANDSCAPING QUIMBY REVENUE: Quimby Fees Interest TOTAL QUIMBY CRIME VIOLENT TASK FORCE REVENUE: Member Contributions Grant revenue Interest TOTAL CRIME VIOLENT TASK FORCE REMAINING % BUDGET RECEIVED BUDGET RECEIVED 621,600.00 0.00 621,600.00 0.000% 1,500.00 0.00 1,500.00 0.000% 623,100.00 0.00 623,100.00 0.000% 162,500.00 (13,501.41) 176,001.41 -8.310% 112,000.00 (9,568.87) 121,568.87 -8.540% 209,300.00 (18,138.79) 227,438.79 -8.670% 6,000.00 0.00 6,000.00 0.000% 72,200.00 0.00 72,200.00 0.000% 7,900.00 0.00 7,900.00 0.000% 569,900.00 (41,209.07) 611,109.07 -7.230% 0.00 0.00 0.000% 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 164,800.00 0.00 164,800.00 0.000% 0.00 0.00 0.000% 164,800.00 0.00 164,800.00 0.000% 0:00 0.00 0.000% 0.00 0.00 0.000% 0.00 0.00 0.000% 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.000% 2,200.00 0.00 2,200.00 0.000% 2,200.00 0.00 2,200.00 0.000% 28,000.00 0.00 28,000.00 0.000% 300.00 0.00 300.00 0.000% 0.00 0.00 0.000% 28,300.00 0.00 28,300.00 D.000% 829,700.00 0.00 829,700.00 0.000% 0.00 0.00 0.000% 0.00 0.00 0.000% 829,700.00 0.00 829,700.00 0.000% 25,000.00 0.00 25,000.00 0.000% 8,400.00 0.00 8,400.00 0.000% 0 50,000.00 0.00 50,000.00 0.000% 31,500.00 0.00 31,500.00 0.000% 0.00 0.00 0.00 0.000% CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED INFRASTRUCTURE REVENUE: Infrastructure Fee 0.00 0.00 0.000% Interest 61,700.00 0.00 61,700.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 61,700.00 0.00 61,700.00 0.000% VILLAGE PARKING REVENUE: Interest 0.00 0.00 0.00 0.000% TOTAL VILLAGE PARKING 0.00 0.00 0.00 0.000% SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 21,881.00 (7,300.00) 29,181.00 -33.360% Interest 1,400.00 0.00 1,400.00 0.000% TOTAL SCAQ 23,281.00 (7,300.00) 30,581.00 -31.360% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 300.00 0.00 300.00 0.000% TOTAL LQ PUBLIC SAFETY 2,300.00 2,000.00 300.00 86.960% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 180,860.19 (180,860.19) 0.000% Transfer In 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 180,860.19 (180,860.19) 0.000% CAPITAL IMPROVEMENT FUND: CVAG 2,963,317.89 0.00 2,963,317.89 0.000% CVWD 877,462.40 0.00 877,462.40 0.000% County of Riverside 0.00 0.00 0.00 0.000% Joint Powers Ins Authority 0.00 0.00 0.00 0.000% City of Indio 211,409.00 20,660.22 190,748.78 9.770% SB300 Funding 19,365.74 0.00 19,365.74 0.000% Surface Transportation 3,939,818.00 0.00 3,939,818.00 0.000% SB821-Bicycle Path Grant 55,353.00 0.00 55,353.00 0.000% State of California 650,000.00 0.00 650,000.00 0.000% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 77,000.00 0.00 77,000.00 0.000% Transfers in From Other Funds 33,453,677.00 699,747.70 32,753,929.30 2.090% TOTAL CIP REVENUE 42,247,403.03 720,407.92 41,526,995.11 1.710% LQ NORTE CAPITAL IMPROVEMENT FUND: Prepayment 0.00 0.00 0.000% Bond Proceeds 0.00 0.00 0.000% Interest 0.00 0.00 0.000% TOTAL LQ NORTE CIP 0.00 0.00 0.00 0.000% URBAN FORESTRY Grant Revenue 1,100.00 0.00 1,100.00 0.000% Interest 0.00 0.00 0.000% TOTAL URBAN FORESTRY 1,100.00 0.00 1,100.00 0.000% 067 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % (continued) BUDGET RECEIVED BUDGET RECEIVED EQUIPMENT REPLACEMENT FUND: Equipment Charges 289,348.00 289,348.00 0.00 100.000% Capital Contribution 0.00 0.00 0.000% Interest 43,800.00 0.00 43,800.00 0.000% Transfers In 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 333,148.00 289,348.00 43,800.00 86.850% INFORMATION TECHNOLOGY FUND: Charges for services 162,164.00 162,164.00 0.00 100.000% Capital Contribution 0.00 0.00 0.000% Interest 14,000.00 0.00 14,000.00 0.000% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 176,164.00 162,164.00 14,000.00 92.050% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 87,300.00 12,564.72 74,735.28 14.390% Arts in Public Places Credits Applied 0.00 0.00 0.000% Interest 16,700.00 0.00 16,700.00 0.000% TOTAL ARTS IN PUBLIC PLACES 104,000.00 12,564.72 91,435.28 12.080% TRANSPORTATION Developer fees 549,000.00 84,768.57 464,231.43 15.440% Interest 23,100.00 0.00 23,100.00 0.000% Transfer in 0.00 0.00 0.000% TOTAL TRANSPORTATION 572,100.00 84,768.57 487,331.43 14.820% PARKS 3 RECREATION Developer fees 251,000.00 26,516.00 224,484.00 10.560% Interest 20,500.00 0.00 20,500.00 0.000% Transfer in 0.00 0.00 0.000% TOTAL PARKS S RECREATION 271,500.00 26,516.00 244,984.00 9.770% CIVIC CENTER Developer fees 183,000.00 28,331.30 154,668.70 15.480% Interest 30,300.00 0.00 30,300.00 0.000% Transfer in 0.00 0.00 0.000% TOTAL CIVIC CENTER 213,300.00 28,331.30 184,968.70 13.280% LIBRARY DEVELOPMENT Developer fees 112,500.00 13,336.00 99,164.00 11.850% Interest 17,900.00 0.00 17,900.00 0.000% Transfer in 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 130,400.00 13,336.00 117,064.00 10.230% COMMUNITY CENTER Developer fees 48,500.00 5,886.00 42,614.00 12.140% Interest 5,100.00 0.00 5,100.00 0.000% TOTAL COMMUNITY CENTER 53,600.00 5,886.00 47,714.00 10.980% STREET FACILITY Developer fees 7,500.00 1,374.89 6,125.11 18.330% Interest 1,000.00 0.00 1,000.00 0.000% TOTAL STREET FACILITY 8,500.00 1,374.89 7,125.11 16.180% 0(�8 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL (continued) PARK FACILITY Developer fees Interest TOTAL PARK FACILITY FIRE PROTECTION FACILITY Developer fees Interest TOTAL FIRE PROTECTION FACILITY LIBRARY DEVELOPMENT (COUNTY) FACILITY Developer fees Interest TOTAL LIBRARY DEV (COUNTY) FACILITY REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,500.00 316.00 2,184.00 12.640% 200.00 0.00 200.00 0.000% 2,700.00 316.00 2,384.00 11.700% 48,500.00 3,780.38 44,719.62 7.790% 200.00 0.00 200.00 0.000% 48,700.00 3,780.38 44,919.62 7.760% 200,000.00 0.00 200,000.00 0.000% 4,000.00 0.00 4,000.00 0.000% 204,000.00 0.00 204,000.00 0.000% Gr0 069 GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07101/2M - 08/31I2002 REMAINING % BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED GENERAL GOVERNMENT: LEGISLATIVE 666,585.00 62,662.72 0.00 603,922.28 9.4% CITY MANAGER'S OFFICE 715.373.00 94,152.22 0.00 621.220.78 13.2% ECONOMIC DEVELOPMENT •905,719.00 277,861.30 0.00 627,857.70 30.7% PERSONNEL/RISK MGT 591,265.00 262,055.75 0.00 329,209.25 44.3% TOTAL GENERAL GOVERNMENT 2,676.942.00 696,731.99 0.00 2.182.210.01 24.2% FINANCE: FISCAL SERVICES 620.157.00 100,086.48 0.00 520,070.52 16.1% CENTRAL SERVICES 590,671.00 113,012.18 0.00 477,858.82 19.1% TOTAL FINANCE 1,211,028.00 213,098.66 0.00 997.929.34 17.6% CITY CLERK 460,305.00 75,460.47 0.00 384,844.53 16.4% COMMUNITY SERVICES SENIOR CENTER 289.365.00 36,262.21 1,545.00 251,557.79 12.5% PARKS & RECREATION ADMINISTRATIO1, 842.534.00 67,913.40 14,750.00 759,870.60 8.1% PARKS & RECREATION PROGRAMS 95,850.00 16,989.91 0.00 78,860.09 17.7% TOTAL COMMUNITY SERVICES 1,227,749.00 121,166.52 16,295.00 1,090.288.48 9.9% POLICE 4,461,683.00 337,701.94 0.00 4,123,981.06 7.6% BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 212,016.00 33,863.43 0.00 178,152.57 16.0% CODE COMPLIANCE 506,659.00 104,386.57 1,150.20 461,122.23 18.4% ANIMAL CONTROL 203,582.00 36.364.13 0.00 167.217.87 17.9% BUILDING 584,908.00 116,371.19 0.00 468,596.81 19.9% EMERGENCY SERVICES 35,390.00 6,435.93 0.00 28,954.07 18.2% FIRE 1,752,000.00 0.00 0.00 1,752.000.00 0.0% CIVIC CENTER BUILDING -OPERATIONS 1,020,063,00 144,238.01 650.00 875.174.99 14.1% TOTAL BUILDING & SAFETY 4,374,678.00 441,659.26 1,800.20 3,931.218.54 10.1% COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT -ADMIN 546,312.00 52.104.82 0.00 494,207.18 9.5% CURRENT PLANNING 699,551.00 81,423.95 0.00 618,127.05 11.6% TOTAL COMMUNITY DEVELOPMENT 1,245.863.00 133,528.77 0.00 1,112,334.23 10.7% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 244,397.00 46,731.00 4,240.00 193,426.00 19.1% DEVELOPMENT & TRAFFIC 1,008,986.00 157,054.04 0.00 851,931.96 15.6% MAINT/OPERATIONS- STREETS 1.881,960.00 170,243.56 0.00 1.711,716.44 9.0% MAINT/OPERATIONS-LTG/LANDSCAPIN( 1,601,786.00 236,572.58 19.950.00 1,345,263.42 14.8% CONSTRUCTION MANAGEMENT 337 755.00 37 260.77 0.00 300,494.23 11.0% TOTAL PUBLIC WORKS 5,074,884.00 647,861.95 24.190.00 4.402.832.05 12.8% TRANSFERS OUT 348,333.45 2,000.00 0.00 346,333.45 0.6% GENERAL FUND REIMBURSEMENTS (3,940,560.98) (500,237.66) 0.00 (3,440,323.32) 12.7% NET GENERAL FUND EXPENDITURES 17,342,904.47 2,168,970.90 42,285.20 15,131,648.37 12.5% 661 010 Cm OF LA QUINTA OTMI12002 - 08/3112002 OTHER CRY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED LIBRARY FUND: PROJECT EXPENDITURES 0.00 0.00 0.00 0.00 0.0% GAS TAX REIMBURSE GENERAL FUND 569,900.00 94,983.32 0.00 474,916.68 16.7% TRANSFER OUT 0.00 0.00 0.00 0.00 0.0% TOTAL GAS TAX 669.900.00 94,983.32 0.00 474,916.68 16.7% QUIMBY FUND: TRANSFER OUT 97.326.35 2.603.85 0.00 94,722.50 2.7% FEDERAL ASSISTANCE FUND: TRANSFER OUT 164,825.00 0.00 0.00 164,625.00 0.0% SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL SOUTH COAST AIR QUALITY 0.00 0.00 0.00 0.00 0.0% CMAQASTEA TRANSFER OUT 0.00 0.00 0.00 0.0% VILLAGE PARKING TRANSFER OUT (1,892.85) 0.00 0.00 (1,892.85) 0.0% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 0.00 0.00 0.00 0.0% LLEBG FUND TRANSFER OUT 0.00 0.00 0.00 0.0% VIOLENT CRIME TASK FORCE PROJECT EXPENDITURES 40,000.00 1,558.41 0.00 38,441.59 3.9% TOTAL VIOLENT CRIME TASK FORCE 40.000.00 1,558.41 0.00 38,441.59 3.9% SLESF(COPS) TRANSFER OUT 0.00 0.00 0.00 0.0% LIGHTING 3 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 829.700.00 138,283.34 0.00 691,416.66 16.7% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL LTG/LANDSCAPING FUND 829.700.00 138,283.34 0.00 691,416.66 16.7% INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.0% TRANSFER OUT 2,565.520.98 67,377.24 0.00 2,498,143.74 2.6% TOTAL INFRASTRUCTURE 2,585,520.98 67,377.24 0.00 2,498,143.74 2.6% ASSESSMENT DISTRICT 2000.1 COSTS OF ISSUANCE 0.00 0.00 0.00 0.0% TRANSFER TO AGENCY FUND 0.00 0.00 0.00 0.0% TRANSFER OUT 142,657.21 0.00 0.00 142,657.21 0.0% TOTAL AD 2000-1 142,857.21 0.00 0.00 142,657.21 0.0% CITY OF LA GUINTA 071012002 - 09131PIM OTHER CITY FUNDS REMAINING % EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDED TRANSPORTATION PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 1,435,004.17 173,064.83 0.00 1,261,939.34 12.1% TOTAL TRANSPORTATION 1,435,004.17 173,064.83 0.00 1.261,939.34 12.1% PARKS 3 RECREATION PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 5,391,927.00 17,043.94 0.00 5,374,883.06 0.3% TOTAL PARKS & RECREATION 5,391.927.00 17,043.94 0.00 5,374,883.06 0.3% CIVIC CENTER PROGRAM COSTS 0.00 0.00 0.00 0.0% REIMBURSE GENERAL FUND 203,831.00 33,971.00 0.00 169,860.00 16.7% TRANSFER OUT 364,687.00 0.00 0.00 364,687.00 0.0% TOTAL CIVIC CENTER 558.518.00 33,971.00 0.00 534,547.00 6.0% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 5,231,894.04 15,708.19 0.00 5,216,185.85 0.3% TOTAL LIBRARY DEVELOPMENT 5,231,894.04 15,708.19 0.00 5,216,185.85 0.3% COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL COMMUNITY CENTER 0.00 0.00 0.00 0.00 0.0% STREET FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL STREET FACILITY 0.00 0.00 0.00 0.00 0.0% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.0% TOTAL PARK FACILITY 0.00 0.00 0.00 0.00 0.0% FIRE PROTECTION PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 1,500,0D0.00 0.00 0.00 1,500,000.00 0.0% TOTAL FIRE PROTECTION DIF 1.500,000.00 0.00 0.00 1,500,000.00 0.0% LIBRARY COUNTY PROGRAM COSTS 0.00 0.00 0.00 0.00 0.0% TRANSFER OUT 0.00 0.00 0.00 0.00 0.D% TOTAL LIBRARY COUNTY DIF 0.00 0.00 0.00 0.00 0.0% CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 41,308,271.84 720,407.92 5,666.43 40,582,197.49 1.7% PROJECT REIMBURSEMENTS TO GEN FUND _ 939,130.08 0.00 0.00 939,130.08 0.0% TOTAL CAPITAL IMPROVEMENT 42,247,401.92 720,407.92 5,666.43 41,521,327.57 1.7% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP ART PURCHASES TRANSFER OUT LO NORTE (97-1) CIP FUND PROJECT EXPENSES TRANSFER OUT URBAN FORESTRY GRANT TRANSFER OUT VILLAGE PARKING TRANSFER OUT INFORMATION TECHNOLOGY FUND OPERATING EXPENSES EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 3,700.00 0.00 0.00 3.700.00 0.0% 1,700.00 900.00 0.00 800.00 52.9% 0.00 0.00 0.00 0.0% 330,710.87 39,838.46 0.00 290,872.41 12.0% TOTAL ART IN PUBLIC PLACES 336.110.87 40,738.46 0.00 295,372.41 12.1% 0.00 0.00 0.00 0.00 0.0% 0.00 0.00 0.00 0.00 0.0% TOTAL LO NORTE (97-1) CIP FUND 0.00 0.00 0.00 0.00 0.0% 1,100.00 0.00 0.00 1,100.00 0.0% (1,892.85) 0.00 0.00 (1,892.85) 0.0% 611,100.00 38,928.98 0.00 572,171.02 6.4% 328.842.00 16.951.72 21.232.56 290,657.72 5.2% C', G r ATTACHMENT 2 0 0 0 ti (6 E E 7 m C C O O r01 N 7 > M (J c J 'C m BGO cCLNOOr- N�N r` V:U MMV v N 04 C) 0 C14 O) I- OD ce) C) O r` O Lo , M r- I- M I r- 00) 0gct c0c�00 M� OLA OO�MMM�M( N N Ln LA M � f� COC 01NIA GM M LDN� cnwoO mo0 V Mf0(Q 600 o c�OO co 6 fV wV'LALA V'cV V'NfO� 0 LO j0 ppO pOpp oOpp O ppO 8O 8O OSS ppO ppOp O O O O O O CM Q) Lo a F1 O O O O O v LO Lo �f Ld e e C LA N co p % NNN M �C7NNM >, A O d 3 N0 z0-?4:�:�(?:0o �C dr�LhZZ ONOMc�cMMOMN� c 8� ~ m m Q z z z z O 0 0 y 0 m > >__ 2�2 �Z'o 0 0 oa y y m N= N N z z z z 4% N N N (n F- h U MA (U� Q LL LL � Y O Y .. •. o C y C C C co m o �y J J O J C C E Ei E C h H N y H N N O O l0 O C C 0 10 E2e1° m a�°i22z= rna HF=F-F- �F=►= �QQ a�mda�ccgqc� vi vi vi ui vi ui vi '80 0 0 ZS 2S tll LLLLLLLLJJ 013 cedit 4 4 Q" COUNCIL/RDA MEETING DATE: October 15, 2002 ITEMTITLE: Acceptance of Improvements Associated with Tract No. 28545-2, La Quinta Hotel and Resorts, KSL Desert Resorts, Inc., and Authorization to Enter Into a Separate Subdivision Improvement Agreement for Improvements Along Avenida Fernando. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract No. 28545-2 and authorize staff to release security upon receiving warranty security. Exclude the off -site improvement to install sidewalk and pedestrian path along Avenida Fernando from final acceptance. Authorize the City Manager to enter into a separate subdivision improvement agreement to install the sidewalk and pedestrian path off -site public improvements along Avenida Fernando. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract No. 28545-2 is located within the KSL La Quinta Hotel and Resort. This tract has been developed by KSL Desert Resorts, Inc., and will facilitate the developer's proposed expansion of the La Quinta Hotel. The second phase of this development, Tract No. 28545-2, creates 69 individual lots (Attachment 1). This map contains the bulk of the subdivision improvements, and construction of the associated on -site and off -site improvements required by the Subdivision Improvement Agreement. All on -site improvements are now complete and other obligations of the Subdivision Improvement Agreement have been satisfied R- T:\PWDEP-RCOUNCIL\2002\021015c.wpd except for the sidewalk and pedestrian path along Avenida Fernando. Included as Attachment 2 is a spreadsheet indicating security to be released after the City receives the warranty security as well as the security to be retained for off site improvements yet to be constructed. Included as Attachment 3 is a Subdivision Improvement Agreement assuring faithful performance to construct the sidewalk and pedestrian path along Avenida Fernando. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. a. Accept improvements to Tract No. 28545-2 and authorize staff to release security upon receiving warranty security; and b. Authorize the City Manager to enter into a separate subdivision improvement agreement to install the sidewalk and pedestrian path off -site public improvements along Avenida Fernando; or 2. Do not accept improvements to Tract No. 28545-2 and do not authorize staff to release security upon receiving warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, jimoAithy Jon on, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Security Outline 3. Subdivision Improvement Agreement 660 'P()2 T:\PWDEPT\COUNCIL\2002\021015c.wpd ::. , I.I. ►.I ELFT; II11t111Nllilt111111111l1Fill ! III ill/ + A Ir ��ltiHi[tllit/Ililt(i11311tittililtfll • 9 ATTACHMENT 2 Exhibit A SECURITY - TRACT 28545-2 On -Site Improvement Description Labor & Materials Current Amount Performance Security ` Proposed Reduction Reduced Amount Grading $47,900 $47,900 90% $4,790 Streets/Drainage $867,550 $867,550 90% $86,755 Domestic Water $167,950 $167,950 90% $16,795 Sanitary Sewer $170,500 $170,500 90% $17,050 Electrical $227,700 $227,700 90% $22,770 Monumentation $0 $4,680 100% $0 TOTALS $1,481,600 $1,486,280 $148,160 Off -Site Performance Security Improvement Labor & Description Materials Current Amount Proposed Reduction Reduced Amount Ave. Fernando Sidewalk $26,375 $26,375 0% $26,375 & Pedestrian Path Traffic Mitigation $0 $120,000 100% $0 Agreement (*See Note) TOTALS $26,375 $146,375 $26,375 *Note: Pursuant to Condition #33 for Tentative Tract Map 28545, this obligation secures payment to Santa Rosa Cove Association for construction of improvements to the Mazatlan Gate to accommodate increased traffic, as required by separate agreement between KSL Desert Resorts, Inc., KSL Casitas Corporation, and Santa Rosa Cove Association, dated September 16, 1997. Performance security for this obligation is now released since fulfillment of this obligation occurred with the construction of the Mazatlan Gate. Release performance security when warranty security is received. Release labor and materials security in 90 days (January 13, 2003). Release warranty security in one year (October 15, 2003). C68 T:\PWDEPT\COUNCIL\2002\021015c.wpd 005 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRAcT 28545-2 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _,.91h day of October, 2002 , by and between KSL Desert Resorts, Inc., a Delaware Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 28545-2 (the "Tract") pursuant to the provisions of Section 66410, et se. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. r, iM A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year 'following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Cod f, 611 issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 006 KSL Desert Resorts, Inc. -- Tract 28545-2 Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). KSL Desert Resorts, Inc. -- Tract 28545-2 Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. �4 0 O 671 KSL Desert Resorts, Inc. -- Tract 28545-2 Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted, to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 1 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice,of default from City, then City may perform the obligatiM, 009 KSL Desert Resorts, Inc. -- Tract 28545-2 Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the -event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 617.1 010 KSL Desert Resorts, Inc. -- Tract 28545-2 Pape 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Date KSL Desert Resorts, Inc. 50-905 Avenida Bermudas La Quinta, CA 92253 (760) 564-1088 /O 146't/ Date 01 Date Date Date KSL Desert Resorts, Inc. -- Tract 28545-2 Page 6 of 6 Exhibit A SECURITY - TRACT 28545-2 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Off -Site Improvement Descriptions Performance Labor & Materials Avenida Fernando Sidewalk & Pedestrian Path $26,375 $26,375 Totals: $26,375 $26,375 *Note: Pursuant to the Conditions of Approval for Tentative Tract Map 28545, this obligation secures payment for construction of improvements to install the sidewalk and pedestrian path along Avenida Fernando. - �.: 012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of R 1Ue-1-S+ On l �" `t ' o i. ,before me, tAci c a 0 d r u_,/l6 Date Name and Title of Officer (e.g., 'Jane Doe, Yotdry Public") personally appeared I + 4-r , Name(s) of Signer(s) ,l personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are JUDl7H A. MC NALLY subscribed to the within instrument and Commisslon #121321A acknowledged to me that he/she/they executed Z Notary Publlc-Calfamk;t the same in his/her/their authorized z RiversideCountY capacity(ies), and that by his/her/their ^Mn'Corrun F>SAprll'20D3 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 U//h�and official seal. - MC Ild Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Subdivision Improvement Agreement (28545-2 ) Document Date: October 15, 2002 Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 G "" r; T4&t 4 4 Q" COUNCIL/RDA MEETING DATE: Approval of Authorization to Send Out a Request for Proposals (RFP) for Purchase of Financial Software Applications and Appoint a Selection Committee RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: October 15, 2002 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 6r Authorize staff to distribute the Request for Proposals (RFP) for purchase of Financial Software Applications and appoint a Consultant Selection Committee consisting of Finance Director, Accounting Manager, and two other local government finance/technology representatives. FISCAL IMPLICATIONS: The Fiscal Year 2002/03 budget contains $250,000 reserved for purchase of financial software applications. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The financial software industry has changed considerably since the original software was purchased in Fiscal Year 1993-1994. Many new applications and desirable features are available, and expanded file capabilities are available that the existing system is not able to offer. The contract for purchase of new software would require the selected vendor to implement the new software based on today's industry standards, using the City's existing computer hardware configuration, and to provide a maintenance period for problem resolution the first year after installation. The City will select a packaged solution that will be flexible and meet the City's needs over a period of time, estimated at seven to ten years; accordingly, the City will seek a software package that requires minimal customization, has high quality standards, good vendor support, and which has a demonstrated track record of success in other comparable cities. 0 7''j The purpose of this RFP is to select a vendor who will have responsibility for site review and preparation, product integration, installation of technical products, both hardware and software associated with the project, and product training. A period of problem resolution and follow up support will also be required after the software goes on line. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. The process for Vendor selection shall be as follows: 1. The City Council shall be notified of the need to contract for professional services. 2. A Selection Committee shall be formed of members competent to judge the qualifications of firms for the specific services requested. The City Council may appoint one or two members to participate in or observe a staff selection procedure or may elect to function, itself, as the Selection Committee. 3. The Selection Committee shall review the qualifications of firms available to provide the specific category of services required. The Committee is authorized to issue a Request for Qualifications Statement (RFQ) if deemed necessary. 4. The Selection Committee shall select a short list of the most qualified firms. 5. RFP's shall be issued to firms appearing on the short list. 6. The Selection Committee shall review and rank the proposals received based upon the selection criteria, and schedule vendor demonstrations on site. Site visitations to other appropriate customers may also be scheduled. 7. The Selection Committee shall review vendor demonstrations, with direct input from Finance Department staff who will actually be using the software, and rank the vendors based upon an evaluation of the most competent and applicable software for the City's needs. 8. Negotiations with the top -ranked vendor shall proceed until a mutually acceptable contract is developed. 9. Execute Contract Services Agreement with successful vendor. (Attachment 2) As an alternative to appointing a Council representative(s), staff recommends that the Selection Committee include the Finance Director, Accounting Manager, and two other local government finance/technology representatives. All recommendations will also be reviewed by the City's Information Technology consultant, Southwest Networks, to ensure compatibility with the City's technology infrastructure. Pending Council authorization to distribute the attached RFP (Attachment 1) on October 15, 2002, the following represents how the project is expected to proceed: Issue RFP Deadline for written questions Regarding RFP Pre -Proposal meeting Proposal Due Date Consultant Selection Process Vendor Interviews/Demonstrations And Customer Site Visits Recommendation to City Council Award of Contract Completion date * * * * Unless alternate date agreed upon FINDINGS AND ALTERNATIVES: October 21, 2002 October 31, 2002 Week of November 4, 2002 December 1, 2002 December 9 - 11, 2002 December 23, 2002 — January 15, 2003 February 4, 2003 February 4, 2003 June 30, 2003 The alternatives available to the City Council include: 1. Authorize staff to distribute the Request for Proposals (RFP) for purchase of Financial Software Applications and appoint a Consultant Selection Committee consisting of Finance Director, Accounting Manager, and two other local government finance/technology representatives; or 2. Authorize staff to distribute the Request for Proposals (RFP) for purchase of Financial Software Applications and appoint a Consultant Selection Committee consisting of two council members, Finance Director, and Accounting Manager; or 3. Do not authorize staff to distribute the Request for Proposals (RFP) for purchase of Financial Software Applications and appoint a Consultant Selection Committee; or 4. Provide staff with alternative direction. Respectively submitted, M. Falconef, Finance Director 671 Approved for submission by: �; N.6�� Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal For Purchase of Financial Software Applications 2. Contract Services Agreement GgO REQUEST FOR PROPOSAL OF AUDITING SERVICES The City of La Quinta is soliciting proposals to provide a comprehensive, integrated financial accounting software package. The enclosed "Request for Proposal" outlines the scope of the engagement, information required, evaluation criteria, and other relevant information. If your company would like to consider this engagement, we invite your response due no later than 5 p.m. on December 1, 2002. A selection committee of as established by Council action will evaluate, select and recommend proposals to the City Council. The City Council will make the final decision on award of the Contract. Additional information may be obtained by contacting: John M. Falconer Finance Director City of La Quinta (760)777-7150 (760)777-7105 Fax Proposers must submit five (5) copies of their proposals in sealed envelopes, by no later than 5:00 p.m. December 1, 2002 to the following address: City of La Quinta Finance Department — Software Selection P.O. Box 1504 La Quinta, CA 92253 Date of issuance October 21, 2002 Proposed Deadline December 1, 2002 John M. Falconer Finance Director 681 ACKGROUN City of La Ouinta The City of La Quinta encompasses approximately 31 square miles, has a residential population of slightly more than 26,000 and is located in the Coachella Valley approximately 25 miles east of Palm Springs, CA. Incorporated in 1982, governed by a Charter, the City is operated under a City Council/City Manager form of government. Four City Council members are elected at large to serve four-year terms. The Mayor is elected, serving a two-year term to be the City Council administrative head. The Mayor/City Council also serve as Agency members. The City and Agency have automated much of the finance and budget activities and have been in place in several years. This department currently consists of: Finance Director John Falconer Accounting Manager Amy Swan -Draper Financial Services Asst. Diane Martin Account Technician Sharon Christiansen Account Technician Patsy Parker Account Clerk Missy Mendoza Secretary Vianka Orrantia The City contracts for some services to its residents and businesses including police, fire and refuse disposal. As of June 30, 2002, City employment totaled approximately 72 employees. Purpose of Proposal The City seeks a comprehensive, fully integrated system with the following municipal fund accounting modules: • General Ledger • Budget Preparation • Accounts Payable • Cash Receipts • Payroll • Human Resources • Animal Licenses • Business Licenses • Project Accounting • Bank account reconciliation • Community Services/Recreation enrollment (Optional) The proposal should clearly demonstrate how the software and support that you are proposing can best satisfy the requirements of the City of La Quinta. The City's hardware and software configuration is defined herein; if additional hardware, system G 8 ti software, and/or third party software is required to run your application software as proposed, your response must separately identify both the product and the additional cost per system or per user. The written proposal must follow the rules and format established within this RFP; however, the City is receptive to additional suggestions pertaining to phasing and scheduling of application development, equipment installation (if any), software implementation, additional related capabilities, and alternative methods of obtaining any portion of the system requirements. Additional pages that might assist the City with evaluating qualifications may be attached. Nonconformance with the rules and format established within this RFP might disqualify the Vendor; however, an unsatisfactory response to one section will not necessarily disqualify a proposal, pending additional inquiry. Responses will be evaluated objectively based on Vendor responses. ACCESS TO REQUEST FOR PROPOSAL The City Financial Accounting Software RFP will be available through Email as requested, or by CD with one printed copy of the RFP. Document will also be available on the City web site: www.la-guinta.ora. INQUIRIES Prior to submission deadline questions may be directed to: John M. Falconer Finance Director City of La Quinta P.O. Box 1504 La Quinta, CA 92253 (760) 777-7150 Email address: ifalcone a,la-quinta.org SUBMISSION The written proposal should include all attachments and exhibits, submitted as follows: Proposer must submit five copies of the written proposal, and one copy on disk in Word 97/98 format, to the City of La Quinta Finance Department in a sealed envelope, no later than 5:00 p.m. PST on December 1, 2002. Written proposals received after the deadline will not be accepted and will be returned unopened to the Vendor. Any material changes made by the City will be in writing and distributed to the Vendors. Modifications or corrections received after the closing date will be rejected. The evaluation process consists of the following steps: 1. The proposals will be evaluated and rated by a selection committee as established by the City Council. The Finance Director, Accounting Manager, representative(s) from local government agency(ies) shall be included on this committee, and specific input will also be received from finance department staff directly involved with the use of software. In addition, the City's Information Technology consultant will review all proposals for compatibility with the existing hardware and system software configuration. 683 u d 8 v Selection of the successful proposal will be at the sole discretion of the City Council. THE CITY COUNCIL REQUESTS THAT ONCE PROPOSALS HAVE BEEN SUBMITTED, NO UNSOLICITED CONTACT OR DISCUSSIONS CONCERNING THESE PROPOSALS BE MADE PRIOR TO THE EVALUATION OF ALL PROPOSALS. ULES OF PREPARATIO QUALIFICATIONS AND APPROACH 1) Cover letter. A signature by a principal or officer having the authority to negotiation and contractually bind and extend the terms of the written proposal is required. 2) Executive Summary. In a brief, non -technical narrative, describe the proposed solution by setting forth the overall approach and plans to meet the requirements of the RFP. The contents of the narrative is to demonstrate to the City that the Vendor understands the objective the contract is intended to meet, the nature of the work, and the level of effort necessary to successfully provide the services. The narrative should stipulate how the Vendor's approach and plans to provide the services are appropriate to the tasks involved. 3) Company. Provide company name, address, telephone, fax, email, and information regarding the Vendor's stability, length of time in business, business history, future plans, company size, description of technical support staff available, description of technical support commitment to customers, and a list of all public sector installations during the past five years. Include the size of each (number of users), date of installation, and a contact name and telephone number for the contact person. Also include a copy of the most recent audited financial statement for the software vendor (e.g., annual sales, profitability, etc.). Provide resumes of project team members and the Vendor's reporting structure. City has the right to accept or reject any changes made to the proposed project team members. 4) Implementation. Describe the Vendor's general approach to managing the project, including specific plans to manage, control, and supervise the project in order to insure satisfactory provision of services. Provide a project schedule designed to meet the requirements of the City, as well and scheduling and control methodology that will be used to ensure the schedule will be meet. Provide a description of implementation plan considerations, detail the type and amount of implementation support to be provided, including number and type of personnel, time commitment, and training content and format. 5) System Requirements. Address in detail all issues under the Configuration of Technology section and General Description that have been listed within this RFP. 5) System Requirements. Address in detail all issues under the Configuration of Technology section and General Description that have been listed within this RFP. 6) Consultants or Sub-Vendors/Contractors. Describe the Vendor's business and reporting relationship with any consultants and/or sub-vendors/contractors. City desires to enter into one contract with one Vendor, who will be responsible for all work and products. Any other arrangements must be fully disclosed to City. 7) Maintenance and Support. Provide a comprehensive description of support options, including the following: • Hours of support. Describe options for hours of support and the cost of each option. Provide the committed response time, and associated guarantee, for each option. • Maintenance Costs. Explain maintenance cost and what is included in maintenance cost. If maintenance cost is a percentage of the purchase price, provide the relationship and negotiation options. • New Releases. Provide an application upgrade history. Describe the process of issuing new releases, and provide a projected two-year schedule of new releases. Explain the effect of any customization on future upgrades and maintenance. Describe any relationship between new releases and purchase price or maintenance contract, if any. Describe how enhancements are prioritized and by whom. • Support. Provide information on the nearest support center to City and if support will be on -site or remote. Provide support details, including any requirements for modem communication, cost (including expenses) details for Vendor traveling to City, and problem reporting and tracking methodology used. • Ownership. Provide ownership information on the source code in the event City drops support of the software or the Vendor goes out of business. • User Groups. Provide information on active user groups. Describe user conference frequency, location and other details. COST QUOTATIONS SUMMARY All cost quotations must include but not be limited to license fees, modifications, training, travel and per diem, installation, documentation, taxes, discounts, etc. Costs associated with on -going maintenance and support must be identified. Define the specific length of time that the price quotes are valid. All cost tables should be sub- totaled and totaled, and costs should be broken down as follows: 1. One time costs: Application software (broken down by application); implementation costs, conversion costs; hardware, if applicable; operating and system software; training; and all other one-time costs. 2. Recurring, Costs: Concurrent software license/maintenance agreements (per user and total); General software license/maintenance agreements (per user and total); and all other recurring costs. Include costs, if any, for concurrent read-only user licenses. Cj 5. Sample Documents: To establish a complete and competitive proposal, vendors must include a sample copy of each of the following documents: Sample training manual, sample documentation for at least one module; sample software/implementation services contract, sample standard reports (preferred General Ledger and Payroll), and sample standard implementation plan used at other sites. 6. Client References: List at least ten local government during the past five years that have utilized the proposed system in a comparable computing environment. List the "breadth" of the software solution (e.g., G/L, A/P, Payroll, etc). At a minimum the information should include: name of the customer, address, contact person or project manager, phone number, email address, and date of installation. Where possible, at least one reference should be in the State of California. The City is most interested in government and California customers, and will randomly select customers to contact for Vendor evaluation and on -site visits. 7. Mandatory Submittals: Vendor must complete and include forms found in this RFP (Appendix 2), including Bid Signature Page for Corporation or Bid Signature Page for Sole Proprietorship or Partnership; Subcontractor Disclosure Form; Litigation Disclosure Form; Failed Implementation and/or Failed Data Conversion Disclosure Form; and Solicitation, Giving and Acceptance of Gifts Policy. VENDOR CONFERENCE A pre -proposal Vendor meeting will be held at the City of La Quinta, 74985 Calle Tampico, La Quinta, the week of November 4, 2002. RSVP with the Finance Department by calling (760) 777-7150. Vendors will be afforded the opportunity to meet with City staff and the City's Information Technology consultant to clarify terms of this RFP in further detail. City staff will respond to pre -submitted Vendors' written questions during the meeting and will make every effort to provide answers prior to the conclusion of the meeting. Written questions should be submitted to John Falconer no latter than 5 p.m. October 31, 2002. No interpretation made to any respondent as to the meaning of the RFP shall be binding on the City unless made in writing and distributed as an addendum by City. Interpretations and/or clarifications shall be requested in writing and will be provided to all Vendors attending the Vendor conference. All expenses incurred by the Vendor for participating in the Vendor Conference will be the responsibility of the Vendor. ORAL PRESENTATIONS AND SOFTWARE DEMONSTRATIONS Vendors selected as the finalists will be required to make an oral presentation of their proposal to City during the RFP evaluation period. This presentation will offer Vendors the opportunity to clarify their proposals to ensure thorough and mutual understanding. City reserves the right to require that the highest scoring Vendors provide one or more demonstration(s) of the proposed software using "live" data prior to the final selection of a Vendor. City will identify specific scenarios to be included in these demonstrations. Finalists may be required to give a one -hour overview to executive management. This overview shall focus on integration, benefits, return on investment, and total cost of ownership. Additionally, the winning Vendor may be required to be present at a City Council meeting. 6 8 r) Oil Finalists may fie required to give a one -hour overview to executive management. This overview shall focus on integration, benefits, return on investment, and total cost of ownership. Additionally, the winning Vendor may be required to be present at a City Council meeting. All expenses incurred by Vendor for participating in the oral presentations, including the City executive management overview and City Council meeting, and software demonstrations, will be the responsibility of the Vendor. ONFIGURATION OF TECHNOLOG City hardware and software configuration is defined herein. Non -adherence does not necessarily disqualify Vendor's proposal. If additional or alternative hardware, system software, and/or third party software is required to run your application software as proposed, your response must separately identify the product, added cost per system or per user, and all hardware/software specifications. If your proposed application software will be transitioning to City standards, your response must separately provide a conversion time line for your application software. It is critical that your proposal contain all details regarding configuration of technology for all application modules identified under the scope of this Project, and non -adherence to this requirement will be construed as non -responsive and cause for disqualification. The selection process will place emphasis on application functionality; however, the choice of the underlying technology will influence the final outcome. All components of the underlying technology shall be combined with the intent to form a powerful development platform. System Overview The City currently has approximately 70 personal computers connected to a City local area network, utilizing Microsoft Windows NT. Specific to financial application software, the City has a Finance Department staff of seven (7) users, all who may be accessing the system at the same time. There are approximately twelve (12) read-only users in other City departments who may be accessing the system at one time. The Finance Department utilizes PC desk top printers as well as network based printers. Users utilize "print to screen" as well as hard copy print functions. Password protection is implemented for various levels of security in data base management. The present City finance application is Mirasoft's For Fund 3.1 software, with the following applications: General Ledger, Payroll, Cash Receipts, Accounts Payable, Business Licenses, Animal Licenses and Project Accounting. The City does not perform Utility Billing, and is a Contract City, with Fire and Police services provided by an outside agency. Parking citation services are provided by a contract agency. The City uses an ACH bank protocol to wire payroll funds and wires via the internet. Neither of these systems is integrated to the General Ledger, and require additional subsidiary ledger entries to align the financial system. The City currently reconciles the bank account offline, at the end of the month, with no capability to access our bank's 637 offered bank reconciliation services. 012 The City has separate software applications for Building Permits and Community Services/Recreation enrollment. These require subsidiary information which must be entered manually each day. The City anticipates maintaining permitting software separate from its Financial Application software and is not seeking an integrated package which includes permitting. However, if Community Services/Recreation enrollment capabilities are available, the City will consider that as an optional module. The City does not currently accept credit card payments. All payments for City services are currently received at City Hall, with no option available for on-line credit card payments. However, on-line credit card payment capabilities for Community Services/Recreation enrollments will be considered as an optional add -on. Currently the City does not have a Cash Receipting system that functions at point -of -sale. Cash receipts are received in one location at City Hall, in the Finance Department, with manual receipts written at the counter, and then entered into the Cash Receipts module daily via batch entry. This batch is then automatically posted in summary to the General Ledger. Business and Animal Licenses are issued via stand-alone modules which are not integrated into the General Ledger system; these require manual entry through the Cash Receipts module, as well as additional data entry to generate licenses. The City has implemented all requirements of Government Accounting Standards (GASB) 34. DESIRED STATE: SOFTWARE APPLICATIONS The City seeks a comprehensive, fully integrated Financial Accounting System. We anticipate ten concurrent full -access users, and approximately twenty read-only users. Proposed applications should be available from any PC on the local area network, and the ability to limit access to only certain modules is also needed. City may consider scaling required server RAM and processor speed to the needs of the application software. The financial software system should be adaptable to Web -enabled credit-card payments, and should produce cash receipts at the counter when the customer is being served, with integrated posting to the General Ledger. The system must be flexible in ability to grow with the City's anticipated future growth and flexible in ability to produce custom reports. DESIRED STATE: HARDWARE APPLICATIONS The City has made a substantial financial investment in a PC -based Windows local area network, and prefers to maintain the status quo. Optimal speed and response time is desired, within this framework. Proposals are for software only. All hardware requirements must be specified. GLOBAL SYSTEM REQUIREMENTS A "robust" proven database must be used. This must be supplied with a programmer's environment, with tools for optimization, file/index maintenance, and ad hoc reporting. The data base design should allow for a wide range of "drill down" capabilities. High quality control standards must be met. Table and column names should be intuitively labeled and linked columns should be consistently identified. Applications are expected to run in real-time mode, and historical transactions will be used to drive reporting and interaction among system. The City prefers to utilize a Microsoft SQL server as a relational database. The database engine must be supported by industry recognized benchmarks, and must be designed for future use in on line transaction processing transactions. The proposed data base engine must possess superior memory management, a dynamic and `intelligent' optimizer for query execution, and should be designed to take advantage of multiprocessor hardware platforms using parallel processing technology. The proposed database must minimize downtime by providing on-line archiving to avoid database interruptions, disk mirroring to duplicate critical data, and automatic roll - forward to maintain consistency following a system crash due to power failures, etc. Dynamic tables must be used, where applicable, to preclude repetitive entry, for validity checking, and to eliminate program code changes when rules are changed or added. The database should be able to operate in a true client/server environment, allowing different applications to run transparently at diverse locations in the organization. The programming language must be specifically designed to produce applications for a relational database engine, with no dependence on P generation languages such as Cobol, or other similar languages. The programming language should provide support for a Microsoft Windows -based GUI and preference will be shown for solutions with a full -featured, object -oriented development environment supporting Windows 95, Windows 98, and Windows NT. The system should support online data entry and editing at remote sites. Menu -driven programs, online help facilities, and easy -to -use error correction routines are desired. Online inquiries should be able to print at a summary or detail data level, and data should be able to be uploaded or downloaded to PC's for additional user -controlled manipulation. A state-of-the-art report writer is an integral part of the system. The report writer should include number formats and calculation features such that non -technical users can easily develop reasonably sophisticated reports. Open Database Connectivity (ODBC) complaint tools that can be used to access the database, including Microsoft Access, Excel, and word processors, are required. Accounting internal controls are an important part of the system, and should be built into any updating features of the database. Error reports, out -of -balance indicators, and error G 3 :7 notification messages are all important to the integrity of the database. Adequate ,, 014 logging must be provided to insure audit trails required by the City's internal and external audit functions. The City wishes to keep as much history from its current systems as possible. Proposed applications must allow conversion of this history into the current data (within the limits that the current data elements allow). Security should be a key requirement of the system and should be provided at a variety of levels across all subsystems. Security must support central and local security administration, and support screen, field, and field content access authorization. Report generation must reflect online access authorization rights. Documentation and vendor support are also a key general system requirement and should be designed to facilitate the users' access to, and understanding of, the system. Effective dating is a requirement for all time -sensitive transactions. Modifications to software must be made in such a manner which will not adversely affect the applicable Vendor warranty regarding unmodified portions of the current version of the Vendor's software. In addition, such modifications should not impair the functionality of the unmodified portion of the current version of the Vendor's software. Modifications must be implemented in a fashion that will not impact future upgrades of the base software and all third -party support software. ADMINISTRATIVE AND CONTRACTUAL OBLIGATIONS The successful vendor will be required to enter into a written contract with the City in which the Vendor will undertake certain obligations. These obligations include but are not limited to the following: The proposal submitted in response to this RFP will be incorporated as part of the final contract with the selected Vendor. Should any discrepancies or omissions be found in the RFP or if there is doubt as to their meaning, the Vendor shall notify the City at once. City will send written instruction or addenda to all Vendors. Questions must be received in writing, no later than October 28, 2002. The City shall not be responsible for oral interpretations. The City's standard Contract Services Agreement is attached to this RFP, and is an integral part of any contractual obligation entered into with the successful Vendor. All responses, inquiries, and correspondence relating to this RFP including all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the proposal and not withdrawn prior to the scheduled closing date shall, upon receipt by the City, become property of the City. The City is not liable for costs incurred by Vendor or sub -vendors in the RFP process, including but not limited to costs for printing, mail, travel and lodging, oral presentations, 6 0 10 software demonstrations, and contract negotiations. All costs are to be stated in exact amounts. All costs must be detailed specifically in the Vendor Cost Quotations Summary section of the proposal. No additional charges (i.e., sales tax, transportation, container packaging, installation, training, etc) will be allowed unless so specified in the response. The contract entered into by the successful Vendor and City shall be interpreted construed and given effect in all respects according to the State of California. The successful Vendor shall secure a City business license through the City Finance Department at the time the contract is awarded. AWARD Although cost is an important factor in deciding which proposal will be selected; it is only one segment of the criteria used to evaluate consultants and systems. The City reserves the absolute right, in its sole discretion, to award a contract, if any, which under all circumstances will best serve the public interest. The City reserves the right to reject and or all proposals or to make no award at all, to determine whether any alternate proposals are equal to the specifications and general requirements, and to accept proposals with minor variations from the specifications and/or conditions. The City shall take into consideration the proposal's confirmation with specifications, suitability to requirements, delivery, terms, and any other item stated in the specifications. A Vendor's past performance will be a factor in making an award. After award, all written proposals are open to public inspection. The City assumes no responsibility for the confidentiality of information offered in a proposal. The RFP is worded so as not to elicit proprietary information. If proprietary information is submitted as part of the proposal, it must be labeled as proprietary and accompanied with a request that the information shall be returned by the City to the submitter. Any proposal submitted with a blanket statement or limitation that would prohibit or limit such public inspection may be considered non -responsive and shall be rejected. RESPONSE AND CONTRACT REQUIREMENTS The Vendor must agree to adhere with strict conformity to the specifications and agrees, if this response is accepted, to contract with the City in the form of the copy of the contract attached to this RFP; to provide all necessary labor to do all the work specified in the specifications and contract, in the manner and time prescribed, and will accept payment for the prices set forth. The work shall commence upon receiving a "Notice to Proceed" and shall be completed within the time specified in the specifications, unless a time extension is agreed to by the City. The Vendor is required to carefully examine the site of the specifications, contract forms, work contemplated, and it will be assumed that the Vendor investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed as to the requirements of the contract. It is mutually agreed that 6 91 016 submission of the information shall be considered prima facie evidence that the Vendor made such examination. Failure on the part of the Vendor to comply with the requirements and conditions of this RFP may subject the response to rejection. The burden of proof of compliance with this specification lies with the Vendor. EVALUATION CRITERIA The Project Team evaluating the proposal will base the evaluation on criteria including, but not limited to, the following list (in no order of priority): • Adherence to the specific format; • Completeness and clarity of content of the proposal; • Acceptable, verifiable references; • Results of on -site visit(s); • Level of service andsupport; • Experience and technical expertise of staff; • Design, capability, and functionality of system and application software; • Current availability and ability to demonstrate desired applications; • Level of integration between applications; • Ease of integration with existing systems and processes; • Cost of ongoing maintenance and support; • Cost justification; • Feasibility of software implementation schedule and conversion plans, including commitment o getting back on track if milestones are not reached on time and options presented and resources identified; • Feasibility of customization and maintenance options; • Data conversion proposal; • Quality and availability of user training; and • Quality and extent of documentation available. • Vendor Response Sheets Instructions (See Appendix No. 1) 69 . 017 VENDOR RESPONSE SHEETS: Responses to the Functional/Technical Requirements listed in this RFP must be provided in this section of the vendor's proposal. Vendors should use the enclosed diskette, answering in the format provided, and add any explanatory details necessary in a separate column to the right of the item being referenced. Be sure to provide the hard copy of those responses in this Section, as well as responses on the diskette. The following answer key should be used when responding to the requirements: Column A Coding F = Fully meets requirement "out -of -the box" P = Meets with additional procedures N = This feature cannot be provided. M = This feature requires modification or 3ra party software R = Report writer M = Modification T = 3' party software W = Workaround A = Available in next version (include estimated date of release) C = Customization/change of source code Note: If any symbol other than "F". or "A" is the response for a requirement in Column A, you must complete Vendor Specifications Comment Section!!! ' Note: Any requirement that is answered with a symbol other than what is listed above will be treated as a negative/non-response Column B Coding C = Vendor Comment attached in Vendor Specifications Comment Section attached GJ3 APPENDIX 1 Vendor Response Sheets 1 GRAPHICAL USER INTERFACE REQUIREMENTS SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED This section describes the current status of the development of your GUI product. Indicate in the table below the development status of each application. GUI-1. System is a true 32-bit Windows Graphical User Interface application? GUI-2. System uses Tab Pages? GUI-3. Check Boxes? GUI-4. System uses Scroll Bars? GUI-5. System uses Drop -Down Menu Lists? The desire is to move to an Information Technology environment where the user interface of each software package used is as consistent as possible, and complies with the generally accepted GUI conventions. GUI-6. Does the user interface provide "drill -down" features, such as the ability to drill down from a GL account to the source document that created it? Does this include the ability to drill -down from a GL account to the following associated items when applicable? GUI-7. • Accounts payable vendor GUI-8. • Invoice GUI-9. • Purchase Order GUI-10. . Check GUI-11. . Offsetting Entries of same Transaction GUI-12. Can the drill -down features be used without keyboard intervention? GUI-13. Does the GUI use proportional fonts? GUI- 14. Does the GUI provide the option to set a user preference for all currency fields to either default to two decimal places or require decimal input for all dollar amounts? GUI-15. Do all lookup fields provide either a drop down combo box or a separate lookup form that contains all valid responses? GUI-16. Are combo boxes or lookup forms accessible by both a mouse click and function key? GUI-17. Can all forms be navigated and completed with or without the use of a mouse? � r- 2 GRAPHICAL USER INTERFACE REQUIREMENTS SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED GUI- 18. Can the user adjust column widths in a grid? GUI-19. When displaying multiple records in a grid, does the server only return the number of records necessary to populate the visible part of the grid and dynamically load additional records as needed or are do all records for the grid return from the server simultaneously? GUI-20. Can data used to create graphical data analysis be easily exported in an Excel format? GUI-21. The software is ODBC compliant providing the ability to access data with third party products such as Microsoft Excel, Microsoft Access, etc. GUI-22. The product must be capable of running in a Windows 2000, Windows NT and Windows 98 network environment. Please note the current number of customer sites running your software on a Windows 2000 or Windows NT server. Describe any other operating environments your proposed software will work with. In the event your software does not run on Microsoft products explain what operating systems it does run on. GUI-23. Is your company a Microsoft Solution Provider? GUI-24. Does your staff hold information technology related certifications? The report preview should support the following features: GUI-25. Ability to change fonts. GUI-26. Ability to change point size. GUI-27. Ability to italicize and/or bold text. GUI-28. Page up and page down through a report. GUI-29. Go to bottom and go to top of report buttons. GUI-30. Provide a search feature allowing the user to type in specific text and have the report previewed automatically take the user to the occurrences of the matching text in the report. GUI-31. Provide the option to fax a report instead of printing. GUI-32. Provide the ability to email a report instead of printing. C. 9 6 " . 091 3 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED General Features GL-33. The General Ledger System shall utilize a Graphical User [ ] [ ] Interface. GL-34. The system must accommodate the structural requirements of [ ] [ ] fund accounting such as maintaining multiple fund general ledgers, appropriation/encumbrance/expenditure/revenue details, and should interface with financial support systems, which collect data from the entity's day-to-day financial activities. GL-35. The system must provide for the maintenance of separate [ ] [ ] funds, each of which is a self -balancing set of accounts, with all funds recorded being processed simultaneously by the common system. GL-36. The system must allow the user to determine the basis for [ ] [ ] accounting for each fund separately in cash, accrual, or a modified accrual basis. GL-37. The system must have the capability to post to any of the [ ] [ ] months in the current fiscal year or the first three months of the next fiscal year without closing any of the months of the current fiscal year GL-38. During all processing, the system should edit transactions to [ ] [ ] insure that each entry to a fund is balanced and complete and also that each fund is maintained as a self -balancing entity. GL-39. Support up to a fifteen -digit account number. The account [ ] [ ] number must be user definable. GL-40. Provide the option to use dashes, periods, or other defining [ ] [ ] characters in the GL account number configuration. If dashes or periods are used, the user should be able to predefine account number configurations for each type of account (expense, asset, revenue, liability, etc.) so that the dashes or periods are automatically inserted in the appropriate spaces. GL-41. Ability to accommodate consolidated (pooled) cash [ ] [ ] accounting for transactions of multiple funds, which are accounted for in one centralized (pooled) bank account. 4 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED GL-42. Provide the ability to account for cash in funds where cash is [ ] [ ] maintained separately from the pooled cash bank account. GL-43. Ability to maintain unlimited historical financial data, i.e. [ ] [ ] actual amounts for both budgetary and financial data. This information must be available for both systems reports and inquiry functions. GL-44. Capability of revising the budget during the year and provide [ ] [ ] an audit trail for tracking budget revisions. This audit trail should provide data for a budget adjustment date, description, adjustment amount and new budget. At any point during the year, the user may either inquire on -screen or request a printed inquiry of this information. The system must be able to maintain the amounts in the original adopted budget, as well as the amounts for the revised or adjusted budget. GL-45. Provide for user -defined groupings of accounts for budget [ ] [ ] control purposes. Budgets will be established on a line item basis, however an option should be provided to group accounts for budget control purposes (i.e. all supplies accounts within a department) in the purchase order input process. GL-46. Accept automatic posting of journal transactions from other [ ] [ ] subsystems or third -applications in predefined journal entry format. GL-47. The system must have the ability to run interim financial [ ] [ ] reports during an accounting month. GL-48. Provide for an automated bank reconciliation process for [ ] [ ] multiple cash and bank accounts. GL-49. Maintain and process transactions for a "prior" fiscal year and [ ] [ ] a "current" fiscal year simultaneously before the prior year is closed. Capability of having an "adjustment period" available for posting audit adjusting entries to prior year balances. GL-50. The system should provide the ability to load previously [ ] [ ] posted transactions with debits and credits reversed to create reversing entries. The system should provide the ability to suspend account [ ] [ ] G93 �, or�3 5 GENERAL LEDGER SPECIFICATION DESCRIPTION ITEM GL-51. activity. Also, accounts can be created with a future status for future budget periods but restrict current year posting to the account until changed to an active status. Provide for automated status change of future accounts during budget implementation process. GL-52. The system should provide the user an average daily balance by account within a pooled cash account. GL-53. Ability to automatically upload posting of cleared items from the entity's bank to the check reconciliation system. GL-54. Must provide on-line context sensitive documentation with table of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. VENDOR RESPONSE CODE GL-55. Journal entries must have a unique identifying transaction [ ] code or number. Journal entry input should be processed in a packet format creating a system level audit trail of input, edit, approval, and update of data. Packets can be department specific and merged together for processing purposes. GL-56. Must prevent journal entries from posting to months, fiscal [ ] years, or accounting periods, which have already been closed for accepting business transactions, or have not been opened for accepting business transactions. GL-57. Maintain detailed transaction descriptions in the general ledger [ ] for both system and manually generated journal entries. GL-58. Prevent posting transactions to invalid general ledger account [ ] numbers. GL-59. The system should provide for optional automatic creation of [ ] journal entries and reversal of journal entries after period close. The user must be able to identify which entries should be reversed at the time of entry. VENDOR COMMENT REQUIRED C 9 3 0 4 6 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE GL-60. The system must have the ability to generate all "due to" and "due from" journal entries when posting a transaction to one fund which will affect other funds. GL-61. The system must provide for error identification and correction before actual posting occurs, including the rejection of out -of -balance batches and invalid account numbers. GL-62. The system must accept both standard and recurring journal entries, both as to amount and account. For recurring journal entries, data entry should be required only once. The system should provide capability to edit reoccurring entries as to coding accounts and amounts as necessary. Preferably, the user should be able to initiate a batch that would have all the recurring entries for the period for review and edit. GL-63. Allow the user to reverse or cancel a previously posted/updated journal entry. The system must also be able to re -post a journal entry after reversal. The system should provide a completed audit trail in the general ledger for journal entry reversal and re -post by requiring a separate journal entry number or code for each reversal/repost. GL-64. Allow the user to edit and/or correct both manual and/or system generated journal entries as to account number, amounts, descriptions, subject to authorization controls, even after posting. GL-65. Print journal entry transaction detail prior to posting the journal entry to the general ledger. GL-66. Ability to set up predefined sets of accounts and corresponding descriptions for repetitious journal entries. Provide ability to distribute the amount of the journal entry on a predefined percentage basis or by stated amounts entered by the operator. GL-67. Provide for automated year-end closing. This process should include the automated closing of revenue and expenditure accounts to the individual fund equity account, and posting of asset, liability and equity balances to subsequent year's general ledger. In addition, the system must allow the user the ability to post audit -adjusting entries to prior year's data after VENDOR COMMENT REQUIRED 100 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED the initial year-end close has been processed. The system must automatically post all adjusted balance sheet amounts to the current year's general ledger, and reflect prior year audit adjusting entries in individual account historical data. GL-68. Ability to assign journal notes to transactions in situations where descriptions would be helpful for justification or clarification purposes. An option to view the journal notes on screen or print the journal notes on appropriate reports should be provided. GL-69. The system should provide on-line account number look -up at any prompt for a general ledger account number. This look -up feature should be based on a portion of the account number and/or the account name. The appropriate accounts should be displayed, with the ability to select the desired account. GL-70. General Ledger Data Display - Data on status and history of an account including general ledger number, account name, type account and account balance. GL-71. Provide on-line account information including account number, account name, type of account (asset, revenue, expense, etc.), department name, and account balance. For both the original and current budget, the amount budgeted, account balance, amount encumbered, current amount encumbered, unencumbered budget balance, and percent of budget obligated. Total amounts expended and encumbered for each month of the fiscal year should be displayed. Total amounts budgeted for each month (both original and current budgets) should be displayed. GL-72. The inquiry program should provide an option to display detailed information on transactions posted during the fiscal year. Options should be provided to display transaction detail based on parameters such as dates, ranges of amounts, or transaction number. The system should display the transaction date, transaction number, reference (ck number, etc.), description, and amount of the transaction. User should be able to filter the transaction detail by source, date, amount, transaction type, and encumbrance amount. If appropriate, the invoice number and purchase order number should be displayed. The detail records should support drill -down 1}0�1 0 h V 8 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED functionality on the transaction number, vendor number, and purchase order number. GL-73. The monthly activity, budget information and transaction [ ] [ ] detail information described above should be available for on- line inquiry for the current fiscal year as well as for a user defined number of previous years. GL-74. Provide for inquiry by a user -defined group of accounts (i.e. [ ] [ ] all accounts within a department, personnel accounts across all departments in a fund, etc.). Totals for monthly expenditures and budgets should be displayed. GL-75. Ability to inquire on transactions by journal entry numbers. [ ] [ ] GL-76. Ability to reconstruct previously posted transaction packets [ ] [ ] and print registers. GL-77. All reports will be previewed through a Windows -format [ ] [ ] viewer with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report -warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously warehoused reports. GL-78. Provide the ability to design and create reports in a user- [ ] [ ] defined format without being required to purchase a special report writer application. Data elements for purposes of creating reports should include at a minimum, the following: current and/or prior year-to-date actual, current year-to-date including encumbrance, outstanding encumbrance at the end of the period, current and/or previous year total budget, current and/or previous year year-to-date budget, current month actual, prior year month actual, and percentage comparison of YTD amount and total budget amount. GL-79. The system should print a revenue report by fund and account [ ] [ ] code showing budgeted revenues, revenues for the period, revenues YTD and budget variances with totals by summary account. GL-80. The system should print an expenditure report by fund, [ ] [ ] 0 '7 9 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED organization and expense object, showing budget, expenditures for the period, expenditures YTD, prior YTD, percent of budget expensed, outstanding encumbrances and unobligated balance with totals by summary account as defined in the table. GL-81. All reports should include the name and title of the report, date [ ] [ ] and time the report was produced and the date(s) for which the report covers. GL-82. Option to view any report on screen with subsequent option to [ ] [ ] print. GL-83. Ability to generate financial statements by individual funds or [ ] [ ] combination of funds. GL-84. Ability to consolidate financial statements when more than [ ] [ ] one fund is use to account for various fund types or groups. GL-85. Ability to print a report for a user defined range of journal [ ] [ ] entries, sorted by fund and journal entry number. GL-86. Provide the ability to run all applicable reports for the current [ J [ ] fiscal year's data or from data from a previous fiscal year. GL-87. End user reporting tools must be available to create queries [ ] [ ] and/or reports, using data from any of the fields within the General Ledger system. The interface must be ODBC compliant and have the capability to transfer data to third party applications Microsoft Excel, Access, etc. GL-88. The system must generate data necessary for compliance with [ ] [ ] state and federal laws and regulations. Financial statements produced with the data should conform to GAAFR standards. The following financial reports must be included in a user defined format: GL-89. Chart of Accounts [ ] [ ] GL-90. Statement of Revenues and Expenditures [ ] [ ] GL-91. Trial Balance [ ] [ ] 1011 0:s 10 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED GL-92. Balance Sheet [ J L J GL-93. Budget Worksheet [ ] [ ] GL-94. Budget Presentation [ ] [ ] GL-95. The system should also print interim financial statements, to [ ] [ ] be prepared in a format that can be user modified. GL-96. General Ledger Detail Report: Report parameters should [ ] [ ] include the ability to choose fund, range of dates, range of accounts, debits, credits or both, option to include encumbrances, option to print vendor numbers only or vendor numbers and names, and option to print journal notes. For each account selected, the report should print the account number and name, beginning balance, and ending balance. The report should print for each transaction, the transaction date, posting date, transaction number, reference, description, vendor number/name, invoice number, purchase order number, amount of the debit or credit, balance, and journal notes (if applicable). GL-97. Transaction Audit Report: Report parameters should include the ability to choose the fund(s), accounting period, account or range of accounts, option to include encumbrances, and option to include journal notes. For each transaction selected, the report should print the transaction number, transaction date, posting date, reference, description, accounts debited and credited, amounts, and journal notes (if applicable). GL-98. Budget Analysis: Report parameters should include the ability to choose the fund(s), budget code, accounting period(s), starting and ending general ledger account, with option to include vendor names on the report. For each account selected, the report should print the account name and number, and beginning balance, current balance, and current amount encumbered. For each transaction, the report should print the transaction date, posting date, transaction number, reference, description, vendor number and name, invoice number, purchase order number, amount of the transaction, and unencumbered budget balance. 10 11 GENERAL LEDGER SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED GL-99.. Cash Analysis: Report parameters should include the ability to [ ] ( ] choose the fund, month and year, days of the month or monthly periods to include in the report, and option for summary or detailed version of the report. The detailed version of the report should print for each cash account within the fund selected, for each day of the month, the total amount and number of transactions for all checks, deposits, service charges, interest, miscellaneous, net change, and balance. The General Ledger system should interface with the following modules: GL-100. Accounts Payable ( ] ( J GL-101. Purchase Orders [ ] [ ] GL-102. Payroll [ ] ( ] GL-103. Check Reconciliation [ ] [ ] GL-104. Accounts Receivable [ ] [ ] GL-105. Central Cash Collection [ ] ( ] GL-106. Project Accounting [ ] [ ] GL-107. Business Licenses [ ] [ ] GL-108. Budget Preparation [ ] [ ] tom' .7 12 BUDGET MANAGEMENT SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE BM-109. The Budget Management system shall utilize a Graphical [ ] User Interface. BM-110. The system must include a user defined budget work sheet [ ] and budget proposal report as specified by the Organization. A report generator should be provided that provides the capability for the user to create additional user defined budget reports. BM-111. Budget work sheets and proposals should be capable of [ ] including account number, account name, one or more previous year's budget amounts, one or more previous year's actual amounts, current year's actual YTD, and current fiscal year budget in addition to the proposed budget. BM-112. The system must allow automatic installation of the adopted [ ] budget. BM-113. The system should allow the user to create projected budgets [ ] with the ability to multiply selected portions of the current budget or other specified model budget, by a user defined multiplier and automatically creates new budget amounts. BM-114. The model budget, variance, percentage change, and new [ ] projected budget amount should be displayed providing full screen edit capabilities to the new budget column. BM-115. The system should provide the ability to include free form [ ] text notes at the line item, department, and fund level. These notes can then be defined as permanent, current, and next year. These notes can be printed with budget work sheets and budget proposals at the user's discretion. VENDOR COMMENT REQUIRED BM-116. Provide the ability to create free form text notes that may be [ ] [ ] associated with specified departments that may be printed on budget reports. BM-117. Provide the ability to create free form text notes that may be [ ] [ ] associated with specified funds that may be printed on budget reports. BM-118. Support ability to print notes on budget worksheets, budget [ ] [ ] proposals, or budget presentation reports at the user's 0 13 BUDGET MANAGEMENT SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE discretion. These notes can also be viewed in the General Ledger in account management. BM-119. The system should allow the user to run the projected budgets [ ] through the current financial statement formats. BM-120. During budget formulation, all object and revenue line items [ ] currently in use by the financial system should be accessible by the budget subsystem. BM- 121. There must be system security available to control access to [ ] the budgeting windows. Additional security should be provided down to the line item level (i.e. giving a department head the ability to work with budget projections only within accounts in his/her department). BM-122. For each cost center, the system must have the capability to [ ] maintain multiple versions of the budget. Each version would typically contain not only the base budget but also various enhancements, or changes, at the line item level. BM-123. Provide the ability to develop budgets in the system for grants or other funds for fiscal years ending at dates other than the Organization's fiscal year-end. BM-124. The system must be able to accommodate an unlimited number of versions, per fund, of the budget and multiple changes per cost center. BM-125. These changes must be maintained in separate records, and displayed in separate windows in the system. BM-126. Subsequent to the final approved budget being established in the system, all versions used during budget formulation should still be available for on-line inquiry. BM-127. On the budget work sheet view shown by line item, the systems must have the capability to calculate amounts for the proposed budget column based on a fixed increase/decrease percentage. The user must be able to indicate whether the calculation should be done for selected cost centers only or for all cost center for which this line item is budgeted. VENDOR COMMENT REQUIRED 0 2 14 BUDGET MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED BM-128. The Organization must be able to change amounts at any time. [ ] All changes to the final approved budget must be input as amendments and maintained in a budget adjustment file. Any files in other subsystems or the primary financial system using budget data, should reflect these changes. BM-129. The system must have the capability to spread annual [ ] budgeted amounts to months based on a specific spending plan as an option, in addition to dividing the annual amount by twelve. A percentage distribution capability per month should be provided. BM-130. Must provide on-line context sensitive documentation with [ ] table of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. BM-131. All reports will be previewed through a Windows -format [ ] viewer with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report -warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously warehoused reports. BM-132. End user reporting tools must be available to create queries [ ] and/or reports, using data from any of the fields within the Accounts Payable system. The interface must be ODBC compliant and have the capability to transfer data to third party applications Microsoft Excel, Access, etc. BM-133. General Ledger BM-134. Report Writer 15 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION ITEM VENDOR RESPONSE CODE VENDOR COMMENT REQUIRED The Purchase Order and Encumbrance System must utilize a true Graphical User Interface and provide the following optional methods of operation: PO-135. Ability to define approval levels, user account levels, [ ] [ ] inquiry/access/input restrictions at the system level. At any time during data entry, inquiry or maintenance, from the application, allow immediate access to vendor data and invoice history with optional add/edit functionality. PO-136. Option to designate specific bank accounts for payment of each [ ] [ ] invoice. PO-137. Ability to allow add/edit functionality of general ledger accounts [ ] [ ] from input with system level security. PO-138. Option to support multiple vendor sets in the event the [ ] [ ] Organization processes accounts payable for an entity with a separate taxpayer ID number. PO-139. Ability to set up predefined sets of accounts and corresponding [ ] [ ] descriptions for vendors with recurring type invoices that are always expensed to the same general ledger account numbers. Provide ability to distribute the invoice by percentage to the accounts or by amounts entered by the operator. PO-140. The Organization should be able to restrict, through system [ ] [ ] security, individual access to the purchase order system and to individual programs within the purchase order system. PO-141. The system must allow the user to define recurring charge items [ ] [ ] such as monthly lease purchase payments, rent, etc. PO-142. Vendor numbers and G/L account numbers should be validated [ ] [ ] by the system at the field level. PO-143. Requisition input should be processed in a packet format [ ] [ ] creating a system level audit trail of input, edit, approval, and update of data. Packets can be department specific and merged together for processing purposes. PO-144. Ability to provide for either regular or laser -printer generated [ ] [ ] purchase orders. The Organization should have the option to use 1"0 �- 0V"4 16 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED existing purchase order forms or use a standard form recommended by the software vendor. PO-145. Ability to route rejected requisitions automatically via an [ ] [ ] industry standard e-mail system. PO-146. The system should not require any type of month -end or year- [ ] [ ] end closing procedure. If this type of procedure is required, please explain; PO-147. Provide the ability to look up purchase orders for inquiry [ ] [ ] purposes by purchase order number, all purchase orders with a specific vendor, all purchase orders that encumber a specific general ledger account number, or all purchase orders. When multiple purchase orders are displayed, the user should have the ability to scroll through the purchase orders displayed and select the desired purchase order. The status of each purchase order should be displayed during the selection process. PO-148. Purchase order data displayed during inquiry for open, closed, or [ ] [ ] voided PO's should include vendor name and number, total amount of purchase order, amount outstanding, ordered by, approved by, summary description of PO, shipping address code, date issued, estimated delivery date, free form text, invoice received, invoice date, due date, invoice description, goods ordered and received, and unit prices based on purchase order number. PO-149. When requisitions are entered and approved, purchase order is [ ] [ ] created without additional re-entry required. PO-150. Provide for detailed analysis of open, closed, or voided PO's. [ ] [ ] PO-151. Provide the ability to define consolidate designated accounts into [ ] [ ] groups for budget checking purposes during requisition input in the purchase order system. (i.e. group all accounts within a category in a department for budget control purposes in the purchase order system) f PO-152. Provide the ability to designate different accounts for group [ ] [ ] budgeting purposes from one department or fund to another. PO-153. Through appropriate system security, the Organization should be [ ] [ ] able to control those individuals able to access the purchase 11.0 17 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED order system, including security protection at the menu item level. An option to provide security down to the line item level should be available for inquiry and requisition input purposes. PO-154. A feature should be provided that will allow the user to enter an [ ] [ ] invoice into the system without having to set up a vendor. If this option is selected, the operator should be prompted to enter a vendor name and address from within the invoice input program. PO-155. Anytime a General Ledger account number is required in the [ ] [ ] Accounts Payable system, the user should have the ability to lookup General Ledger accounts based on a portion of the account number or account name. The system should display the accounts providing scrolling selection of the desired account. The account number and name should then automatically be displayed in the desired field. PO-156. There should be a table containing authorized delivery [ ] [ ] addresses, with codes that may be selected via "drop -down" lists. PO-157. An unlimited amount of history should be available, with an [ ] [ ] option to purge all paid items prior to a user specified date. PO-158. Purchase order inquiry should provide the ability to display all [ ] [ ] information about a specified purchase order, but provide no maintenance capabilities. PO-159. Must have centralized vendor file, accessible by all [ ] [ ] purchasing/payable transactions, must be accessible by account number or name lookup. PO-160. The system must allow next year funds to be pre -encumbered [ ] [ ] after a specified date in the current year. PO-161. Support requisition input at either a central location or at the department level, including remote locations. Option for printing purchase orders at the department locations. PO-162. The system must provide on-line status listings of purchase [ ] [ ] orders as they are processed through the procurement/payment cycle. PO-163. After requisition processing, the purchase order should be [ ] [ ] lit �v6 18 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED printed on Organization forms for further use. PO-164. The system should provide the option for purchase order [ ] [ ] numbers to be assigned automatically by the system or be manually assigned by the user. PO-165. The system should be able to print recurring text messages on [ ] [ ] purchase orders. PO-166. Allow each PO to be distributed to any combination of up to 999 [ ] [ ] funds and accounts. PO-167. Must provide on-line context sensitive documentation with table [ ] [ ] of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. PO-168. The system should provide the option for requisition numbers to [ ] [ ] be assigned automatically by the system or be manually assigned by the user. PO-169. Validation of available budget against the appropriate budget [ ] [ ] year as each item is entered with option to validate, on line, at the line item account level or by user defined groups of accounts or as defined by user security. PO-170. Provide option for one-step process for a purchase order to be [ ] [ ] issued and received simultaneously. If this option is selected the system should prompt the operator for the invoice number, invoice date, due date, and invoice description. PO-171. Ability to assign journal notes to purchase orders in situations [ ] [ ] where descriptions would be helpful for justification or clarification purposes in the general ledger. An option to view on screen or print the journal notes and rejection notes on appropriate reports should be provided. PO-172. The system should provide the ability to report requisition by [ ] [ ] requisition number and provide the ability to display all requisitions tied to a specified vendor number or vendor name, irl9.0 0 19 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE requisitions tied to a specified vendor number or vendor name, with the ability to scroll through the requisitions displayed and select the desired requisition. PO-173. The system should provide the ability to enter up to one hundred lines of free form text during requisition input that may be printed on a purchase order, voucher, or requisition audit report. PO-174. The system should process requisitions either on-line or in batch mode, at the Organization's option. PO-175. There should be an edit where the user will be informed of missing information/invalid codes, etc., which will prevent the requisition from processing in a batch mode. PO-176. The system should provide the ability to "prepay" an item in emergency situations. This feature should allow the user to select a "prepay" option, enter a check number(manual check), date, and print a purchase order upon demand. Requisition data should include but not necessarily be limited to the following: PO-177. Requisition number PO-178. Vendor number PO-179. Vendor name PO-180. Status PO-181. Department PO-182. Approved by PO-183. Ordered by PO-184. Summary description PO-185. Ship to address code PO-186. Date issued PO-187. Estimated delivery date VENDOR COMMENT REQUIRED 113 20 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PO-188. Free form text to be printed on PO, voucher, or [ ] [ ] requisition audit report PO-189. General Ledger coding for each item [ ] [ ] P0-190. Description for each item [ ] [ ] P0-191. Number of units [ ] [ ] PO-192. Price per unit [ ] [ ] PO-193. Amount [ ] [ ] PO-194. Once a requisition has been processed, the above information [ ] [ ] should be displayed for each purchase order during the purchase order receiving process. PO-195. After the requisitions have been edited and accepted for [ ] [ ] processing, a report listing all requisitions should be available for supervisory review and approval. The report should flag any items that result in over -budget accounts. PO-196. Before processing the requisition, the user should be able to [ ] [ ] access the requisition as many times as desired to make changes. PO-197. There should be a means of easily deleting requisitions no longer [ ] [ ] needed from the system. PO-198. Requisitions that have been processed and have become [ ] [ ] purchase orders should automatically be purged from the system. PO-199. Ability to allow individual purchase orders to be held back when [ ] [ ] generating a batch of recurring purchase orders. PO-200. Ability to allow vendor terms, codes, and predefined General [ ] [ ] Ledger allocation to be over -ridden at document entry time. PO-201. Must provide for printing and reprinting of purchase orders. [ ] [ ] PO-202. Allow PO's to be printed at requisition input time or in a batch [ ] [ ] process. PO-203. Provide ability to account for variances between purchase orders [ ] [ ] 114 �...0%1'j9 21 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE and invoices received against purchase orders. PO-204. During the receiving process, provide the ability to look up purchase orders by purchase order number, all purchase orders with a specific vendor, all purchase orders that encumber a specific general ledger account number, or all purchase orders. When multiple purchase orders are displayed, the user should have the ability to scroll through the purchase orders displayed and select the desired purchase order. The status of each purchase order should be displayed during the selection process. PO-205. Provide for both full and partial liquidation of encumbrances and make provisions for properly accounting for items that have been back ordered or discontinued. Allow for "received -as - ordered" function to record invoices with no price or quantity variances. PO-206. Record accounts payable and liquidate related encumbrances. PO-207. The receiving process must provide for entry of invoice numbers, invoice date, due date, bank account designation and invoice description. PO-208. Allow the Organization to specify both percentage and dollar limits for acceptable variance between unit cost ordered and actually received/invoiced. PO-209. The total encumbrance established by the purchase order should be reversed upon entry of the vendor invoice. A field should be present to be used when the invoice is entered so that in the event the invoice is not in an amount equal to the encumbrance, the remaining encumbrance will either be reversed or remain, as indicated by the coding in this field. The system must allow up to 999 account codes to be used for a purchase order plus 999 account codes for additions such as shipping costs during the receiving process. PO-210. Accommodate multiple invoices for one purchase order. The system must also accommodate direct purchases (no encumbrance) by invoice upon request by authorized personnel. VENDOR COMMENT REQUIRED PO-211. There should be a means of voiding a purchase order and [ ] [ ] removing the encumbrances from the ledger. 1 ) 22 '/ PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION ITEM PO-212. When entering an invoice, the user should be able to override the system calculated payment date with the desired payment date. PO-213. Once items have been processed as "received", the system should provide the ability to release all received items to the Accounts Payable system, or provide the ability to place purchase orders on "hold". Purchase orders placed on hold should not be released and will remain as encumbered items in the Purchase Order system until taken off hold. PO-214. All reports will be previewed through a Windows -format viewer with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously warehoused reports. PO-215. Requisition Audit Report: User defined parameters should include range of departments to print and range of requisition numbers. Should be available in either detail or summary format. Detailed format should include all pertinent information from requisition for proofing and authorization purposes. Purchase Order totals by General Ledger account number should be printed including fiscal year, account number, account name, purchase order amount, annual budget, budget available and amount over budget if applicable. PO-216. Purchase Order Status Report: User defined parameters should include range of vendors, status, purchase order number range, department range. Should be available in both detail and summary formats. Summary report should print one line per purchase order and include purchase order number vendor number, vendor name, purchase order status, department number, date ordered, date items last received, dollar amount ordered, dollar amount received and amount outstanding. Totals should be printed for each status. Detail format should provide more detail on each purchase order. PO-217. Purchase Order Receipt Report: Print vendor number and name, invoice number, receipt date, bank code, purchase order number, general ledger account number and name, item description, VENDOR VENDOR RESPONSE COMMENT CODE REQUIRED 1� 041 PURCHASE ORDERS AND ENCUMBRANCES SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE distribution amount, invoice amount, and totals by vendor. PO-218. Purchase Order General Ledger Report: User defined parameters should include fund, range of General Ledger accounts, date range, status, and vendor range. Should be available in both detail and summary formats. Detail format should print the following information for each General Ledger account number affected: General Ledger number, account name, purchase order number, issue date, vendor number, vendor name, item description and amount outstanding with totals for each General Ledger account. PO-219. • Purchase Order Claim Register: This report would be provided [ ] to the Organization Council to receive approval to pay invoices. The report should by subtotaled by department and include vendor number, invoice number, vendor name, description of item(s) purchased, due date, invoice number and amount. PO-220. Purchase Order Encumbrance Report: User defined parameters [ ] should include fund, vendor range, General Ledger account number range, date range, status, and detailed or summary. The report should be sorted by general ledger account number and should print the general ledger account number, account name, purchase order number, issue date, vendor number and name, item description and amount outstanding. PO-221. End user reporting tools must be available to create queries [ ] and/or reports, using data from any of the fields within the Purchase Order system. The interface must be ODBC compliant and have the capability to transfer data to third party applications Microsoft Excel, Access, etc. 23 VENDOR COMMENT REQUIRED [ ] PO-222. Interfaces to General Ledger [ ] [ ] PO-223. Interfaces to Accounts Payable [ ] [ ] PO-224. Interfaces to Budgetary System [ ] [ ] PO-225. Interfaces to Project Accounting [ ] [ ] 24 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED General Features AP-233 The Accounts Payable system must utilize a Graphical User Interface. AP-226. System can utilize a designated disbursement fund. AP-227. System can utilize a pooled cash account. AP-228. Support cash, accrual, modified accrual, or combinations thereof. AP-229. Ability to process credit memos on-line. AP-230. Ability to store credit memos for each vendor. AP-231. Ability to provide a comment field that can accommodate various comments, which are printed on the check. AP-232. Provide a status code to allow placing a hold on all payments for an individual vendor. AP-233. When updating vendor records, the user does not need to know vendor codes, type codes, etc., the user simply moves to the appropriate field and selects from a drop -down list of codes for the field with optional add/edit functionality. AP-234. Provide options for new vendor numbers to be set up manually or set up automatically by the system. AP-235. At any time during data entry, inquiry, or maintenance, the system must allow immediate access to vendor data and invoice history. Once the inquiry is completed, a single mouse click or keystroke must return the user to the original screen and field. AP-236. Provide an option for the system to automatically assign a unique item number in circumstances when the operator has no invoice number. AP-237. Ability to automatically accept and create liabilities from payroll. 25 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED AP-238. Ability to set up pre -defined sets of accounts and [ ] [ ] corresponding descriptions for vendors with recurring type invoices that are always expensed to the same general ledger account numbers. Provide ability to distribute the invoice by percentage to the accounts or by amounts entered by the operator. AP-239. The system must internally generate all "due to" and "due [ ] [ ] from" entries to keep all funds in balance if an item is expensed to multiple funds. AP-240. The Organization must be able to restrict, through system [ ] [ ] security, individual access to the accounts payable system and to individual programs within the accounts payable system. AP-241. The system must maintain a record of the last check number [ ] [ ] used, which may be overridden by management to accommodate manual checks written since the last check cycle. AP-242. Ability to pay an invoice out of current calendar year before [ ] [ ] printing 1099's from previous calendar year. AP-243. Support multiple types of 1099's. [ ] [ ] AP-244. The system must accommodate payment of all invoices from a [ ] [ ] single disbursement fund account and automatic generation of receivables and payables between various funds and a disbursement fund. AP-245. Provide function for automated process of reversing accounts [ ] [ ] payable checks. Provides option to automatically create reversing entries in the general ledger, void the check in the check reconciliation system, and either re -issue a check or delete the item from the accounts payable system. AP-246. The system must allow the user to set up recurring charges for [ ] [ ] repetitious items such as monthly lease purchase payments, rent, etc. AP-247. Vendor numbers and G/L account numbers must be validated [ ] [ ] by the system at the field level. AP-248. The system must accept future dated entries, which would not [ ] [ ] 26 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED be processed until that date is reached. These entries must be maintained in the unpaid file until processed. AP-249. The system must allow for invoices, debit memos, and credit [ ] [ ] memos to be processed in packets or batches with system maintained audit trail on integrity of input, edit, approval, and update of data. AP-250. Ability to provide for either regular stock or laser -printer [ ] [ ] generated checks. AP-251. The system must provide an option to print separate checks for [ ] [ ] a single vendor, when needed. The system default, however, must be to pay all invoices from a vendor with one check. AP-252. Checks must be printed in a format prescribed by the [ ] [ ] Organization. AP-253. Payment information will be maintained both on a calendar [ ] [ ] basis and on a fiscal year basis for each vendor. AP-254. When checks have been issued, and files are updated, the [ ] [ ] vendor file must automatically be updated for subsequent 1099 use. AP-255. The system must not require any type of month -end or year- [ ] [ ] end closing procedure. If this type of procedure is required, please explain why it is necessary. AP-256. Vendor record must contain fields for both ordering and [ ] [ ] remittance addresses. AP-257. Must provide on-line context sensitive documentation with [ ] [ ] table of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. Vendor Information: Vendor data must include but not necessarily be limited to following: 27 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION ITEM AP-258. Vendor number AP-259. Name AP-260. Remittance address AP-261. 1099 Type Code AP-262. Telephone number AP-263. Fax number AP-264. Contact person AP-265. Taxpayer ID number AP-266. Date of last activity with the vendor AP-267. Hold status AP-268. User defined vendor class AP-269. Provide lookup capability by vendor number or vendor name. If a portion of the vendor name is entered, the system must display all vendors starting with the letters entered and provide scroll and point selection of the selected vendor. AP-270. Must be able to select invoices for payment based upon manual selection or automatic selection based. AP-271. Provide option to select items to be paid from specific bank (cash) accounts only if desired. AP-272. Option to pay items with a specific vendor or for all vendors. AP-273. Item selection for payment must include option for specific user defined selection criteria and accommodate vendors with "hold" status. AP-274. Ability to print edit report of selected items with option to make desired changes prior to processing checks. AP-275. Ability to allow for the addition of freight and bulk charges. VENDOR RESPONSE CODE VENDOR COMMENT REQUIRED 1n1 0 f16 28 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE AP-276. Print accounts payable checks and check register. AP-277. Provides emergency check writing with concurrent authorization controls. AP-278. Process payment adjustments and canceled/voided checks. AP-279. Print accounts payable check for specific vendor on demand with concurrent authorization controls. AP-280. Ability to add/edit vendors from item input with system maintained security. AP-281. Each item entered into the system must be able to be expensed to 99 expense accounts and at least fifteen different funds. AP-282. The system must be capable of grouping all items for a particular vendor on a single check or print a separate check for each item on a vendor by vendor basis. AP-283. The system must be able to handle handwritten checks and bank drafts. AP-284. The system must accept up to 99 accounts for distribution of [ ] the invoice amount. Prior to processing, the user must be able to*access the invoice to change the account distribution as needed. The user must be able to make these changes directly to the accounts and/or amounts. VENDOR COMMENT REQUIRED AP-285. The system must be able to process recurring contractual [ ] [ ] payments, such as those for leases, with no additional input after the initial payment voucher. At each payment date, the voucher can be generated by the system and placed in suspense for approval prior to processing. A report can be generated for those items needing approval. AP-286. Ability to allow individual documents to be held back when [ ] [ ] generating a batch of recurring documents. AP-287. Ability to allow vendor, codes, and predefined General Ledger [ ] [ ] allocation to be over -ridden at document entry time. System must not require "tab -through" of unnecessary fields in input — i.e. Project code field if general ledger account is not defined to 29 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED require project association. AP-288. Allow invoices to be associated with predefined projects and [ ] [ ] funding sources from the Project Accounting system directly from input with project code lookup using drop -down lists. AP-289. The system must check for duplicate payments by comparing [ ] [ ] vendor/invoice combinations to those maintained in historical files. AP-290. Anytime a General Ledger account number is required in the [ ] [ ] Accounts Payable system, the user must have the ability to look -up General Ledger accounts based on a portion of the account number or account name. The system must display the accounts providing scrolling selection of the desired account. The account number and name must then automatically be displayed in the desired field. Option to allow add/edit capabilities for general ledger accounts from input with system maintained security. The system must provide on-line item detail for user defined length of time. This detail must include: AP-291. Vendor number [ ] [ ] AP-292. Vendor name [ ] [ ] AP-293. Invoice number [ ] [ ] AP-294. Description [ ] [ ] AP-295. Due date [ ] [ ] AP-296. Discount date [ ] [ ] AP-297. Adjustments and purchase orders number [ ] [ ] AP-298. Item date [ ] [ ] AP-299. General ledger distribution [ ] [ ] AP-300. Amount paid [ ] [ ] AP-301. Discount taken [ ] [ ) O=r8 30 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION ITEM AP-302. Date paid AP-303. Check number paid. AP-304. An unlimited amount of history must be available, with an option to purge all paid items prior to a user specified date. AP-305. Provide ability for users to lookup and display a listing of all checks issued to a vendor. AP-306. All invoices, even when paid, must be available for on-line review for a user specified period of time AP-307. System to provide an option to look at unpaid items or all items. AP-308. System to provide option to sort invoices during inquiry by payment date with the most recent invoice displayed first. AP-309. All reports will be previewed through a Windows -format viewer with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report -warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously warehoused reports. AP-310. The system must be able to print 1099's for selected vendors at the end of the calendar year. AP-311. The system must be able to provide a cash requirement report based on user defined periods of time. AP-312. The system must produce all registers and audit reports necessary to provide a complete audit trail. AP-313. The organization must be able to print the contents of the 1099 field in report format, prior to the actual production of the 1099's. AP-314. Vendor List: User defined parameters must include sequence (alpha or numeric). Must print vendor number, vendor name, vendor address, and balance owed vendor. VENDOR RESPONSE CODE VENDOR COMMENT REQUIRED 124 .. 0 it 31 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED AP-315. Label Print: Ability to provide a vendor mail option that can [ ] [ be selected for a range of vendors, generating standard continuous mailing labels. Provide options to sort by vendor name or number, and indicate lines per label and number of labels "up". Option to print vendor number and/or taxpayer ID number on the labels. AP-316. Open Item Report: User defined parameters must include [ ] [ range of dates for partially paid items, unpaid items, claims docket number and payment dates. Report must print in vendor number order or claim number order and print vendor number, vendor name, claim number, invoice number(s), invoice dates, invoice amount, P/O number, subtotal by vendor and total all vendors, and invoice description. General Ledger distribution summary must be printed. AP-317. Accounts Payable Check Register: must print vendor [ ] [ ] number, invoice number, claim number, vendor name, check date, amount for each invoice, check number, check amount. AP-318. Accounts Payable Cash Requirements Report: Printed for [ ] [ ] selected funds with up to three analysis dates. AP-319. Purchase Order Report: Provide the ability to print a report for [ ] [ ] any range of posting dates, paid dates, claims docket number and purchase order numbers. The report must include purchase order number, vendor number and name, description, posting date, paid date, check number, and amount. Totals must be provided for number of vendors, number of purchase orders, and amounts. AP-320. History Check Register: Provide the ability to print a check [ ] [ ] register for any range of dates or check numbers. AP-321. 1099 Print: User defined parameters must include minimum [ ] [ ] purchases, vendors with TIN numbers only (Y/1), and three lines for free form payer information. AP-322. Accounts Payable Disbursements Report: User defined [ ] [ parameters must include ability to sort on all fields and print paid items within a range of payment dates or claims docket code. Sort sequence options must include fund, department and vendor. Choice to print General Ledger distribution and 32 ACCOUNTS PAYABLE SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED fund totals. AP-323. End user reporting tools must be available to create queries [ ] [ ] and/or reports, using data from any of the fields within the Accounts Payable system. The interface must be ODBC compliant and have the capability to transfer data to third party applications Microsoft Excel, Access, etc. AP-324. The Accounts Payable system must interface with the [ ] [ ] following modules: AP-325. General Ledger [ ] [ ] AP-326. Purchase Orders [ ] [ ] AP-327. Check Reconciliation [ ] [ ] AP-328. Project Accounting [ ] [ ] AP-329. Payroll [ ] [ ] AP-330. Purchase Orders & Encumbrances [ ] [ ] 33 MISCELLANEOUS ACCOUNTS RECEIVABLE SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED AR-331. Real time system processing, not batch processing. [ ] [ ] AR-332. Menus have drill -down capabilities for detail. [ ] [ ] AR-333. ALL screens in a GUI format [ ] [ ] AR-334. System has complete on-line help function. [ ] [ ] AR-335. Report writer for ad -hoc reporting. [ ] [ ] AR-336. Handle an unlimited number of fees and rates. [ ] [ ] AR-337. System allows for individual late fee codes associated with a rate. [ ] [ ] AR-338. System integrates with General Ledger, Cash Receipts. [ ] [ ] AR-339. Data must reside in the central CIS database with UB and [ ] [ ] Licenses. AR-340. Unlimited accounts and history. [ ] [ ] AR-341. Must be able to track hazardous material for any account. [ ] [ ] AR-342. Allow for credits and deposits. [ ] [ ] AR-343. Minimum 24 user defined fields with field labels. [ ] [ ] AR-344. Must track business information, including number of employees. [ ] [ ] c. w 652 34 PROJECT MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED The Project Management System must utilize a Graphical User Interface and provide the following optional methods of operation. In addition, project Management will need to maintain subsidiary ledger activity for each project and will need to record, store and allow retrieval of both current and historical project related information. This inception to date data maintenance and reporting is required for meaningful project budgeting, monitoring and reporting. ' PM-345. The Project Management system is designed to allow tracking of [ ] [ l projects across multiple fiscal years. PM-346. The system can setup project budgets and track activity for up to [ ] [ ] ten fiscal years. PM-347. Software should provide budgeting and reporting capability based [ ] [ ] on a fiscal year basis. PM-348. Must provide on-line context sensitive documentation with table [ ] [ l of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. PM-349. Support the ability for multiple departments to access the project [ ] [ ] information simultaneously. PM-350. Allow project activity to be posted automatically as expenses [ ] [ ] associated with the project are posted to the specified General Ledger accounts. PM-351. Ability to correct errors or edit on-line in real time. [ ] [ l PM-352. Ability to calculate budget, expenditures, and available balances [ ] [ l (e.g. daily, weekly, and monthly) with totals to date. PM-353. Project set up should allow projects to be continued over one or [ ] [ ] more fiscal years as deemed necessary by user. PM-354. General information associated with a project can be set up. [ ] [ ] ing w �: 053 35 PROJECT MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PM-355. Define the line item budgets for the project. [ ] [ ] PM-356. Enter special notes (detailed descriptions, funding, and [ ] [ ] reimbursement notes) as work on the project progresses in the project maintenance menu. PM-357. Ability to track and compile reports on project [ ] [ ] expenditures/accumulated costs by Agency's object account coding system for both fiscal year and project —inception-to-date. PM-358. Ability to track all project related costs for the life, inception -to- [ ] [ ] completion, of the project for a minimum of 5 years crossing fiscal years as necessary. PM-359. Ability to track projects with multiple funding sources and identify [ ] [ ] expenditures by funding sources within individual projects for the life of the project and or for the individual fiscal years. PM-360. Ability to Identify and report status of project using user [ ] [ l definitions. PM-361. Ability to share financial resources between projects and to track [ ] [ ] the changes in each project brought about by the revision process. (ability to track changes in project budget by adding and or subtracting money from' one project and placing it in another project.) PM-362. Identify and track money expended on entire project by project [ ] [ ] total and or by object code. PM-363. Identify department in charge of work being completed by project. [ ] [ ] PM-364. Identify and report status of project using user definitions. [ ] [ ] PM-365. An eight -character code to identify the project. [ ] [ l PM-366. The project name is a thirty -character name or title of the project. [ ] [ l PM-367. The project name is printed and displayed with the project code in [ ] [ ] any reports where a project summary is printed or on screens where a list of projects is displayed. PM-368. The associated department can be entered. [ l [ l 1� 0tei4 kreel PROJECT MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PM-369. The department number can be up to eight characters long. [ ] [ ] PM-370. If a project is tied to several departments, the department can be [ ] [ l blank. PM-371. A description of the type of project can be entered. For example, a [ ] [ ] project type may be a grant, a capital project, a program such as meter change outs, etc. PM-372. A short description of the project can be added. [ ] [ ] PM-373. Additional lines for detailed descriptions and notes can be [ ] [ ] displayed. PM-374. There is an option of assigning a Master Project code to each [ ] [ ] proj ect. PM-375. Reports can be run for groups of projects related to a specified [ l [ ] Master Project. PM-376. Provide summary information on activity and total expenses for [ ] [ ] the entire group of projects. PM-377. A project can be tied to a master project by selecting from a list of [ ] [ ] master project codes. PM-378. If a project is funded by a grant, there is an option of entering the [ ] [ ] grant number. PM-379. A grant number can be up to eight characters long. [ ] [ ] PM-380. The name of the entity from which the grant came can be up to [ ] [ l twenty characters long. PM-381. If a project is tied to a vendor a two -character vendor set code and [ ] [ l six -character vendor number for the vendor can be entered. PM-382. Lists of the A/P vendor numbers are available and you can select [ ] [ ] from the list of vendors displayed. PM-383. After a vendor number is entered, the vendor's name is displayed [ ] [ l for verification. PM-384. If a project is not associated with a vendor, the A/P Vendor field [ l [ ] 1 0 �� 055 ITEM PROJECT MANAGEMENT SPECIFICATION DESCRIPTION can be left blank. PM-385. If a project is associated with a particular contract, a contract number can be assigned to the project. PM-386. The contract number can be up to eight characters long. PM-387. The name of the contractor can be up to twenty-five characters. PM-388. The project can be tracked by entering the starting month and year for the project fiscal year. PM-389. A listing of the individual transactions posted to a line item, will display the Date, Description, G/L Account, and Amount of each transaction. PM-390. These transactions are listed in order by date. PM-391. After this detail is displayed, a summary of activity for the line item can also be seen by using the G/L account. PM-392. All reports will be previewed through a Windows -format viewer with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report - warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously warehoused reports. PM-393. When posting items to projects through the Payroll, Accounts Payable, Purchase Order, and General Ledger systems, a detail transaction is also posted to the Project Management files. PM-394. The project report provides general information about each project (such as description, type, department, fiscal year, grant and contract information), and lists the budgets for each line item. PM-395. A report can be run for a range of project numbers and you may select a Master Project for which to run the report, if you want report totals to provide a summary for all projects tied to a selected Master Project. PM-396. The Line Item report provides a summary of the Budget and Actual expenditures, by line item, for each fiscal year. VENDOR RESPONSE CODE 37 VENDOR COMMENT REQUIRED lei 38 PROJECT MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PM-397. The Line Item report can be run for a range of project numbers, [ ] [ ] and you can select a Master Project for which to run the report, if you want report totals to provide a Budget and Activity summary for all projects tied to a selected Master Project. PM-398. The detail report prints the detail of each transaction posted within [ ] [ ] a selected range of dates. PM-399. Transactions are listed by line item for each project, and activity [ ] [ ] and balance totals are printed for each line item, and for the entire project. PM-400. Report can be run for a range of project numbers, and you may [ ] [ ] select a Master Project for which to run the report, if you want report totals to provide a Budget and Activity summary for all projects tied to a selected Master Project. PM-401. Interfaces to General Ledger [ ] [ ] PM-402. Interfaces to Purchase Order [ ] [ l PM-403. Interfaces to Accounts Payable [ l [ l PM-404. Interfaces to Payroll Systems [ l [ l 39 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED General Features The Payroll/Personnel System must utilize a Graphical User Interface and provide the following optional methods of operation: PR-405. The system must provide the ability to establish base payrolls and process time record data for exception pay employees on a weekly, bi-weekly, semi-monthly, or monthly basis or any user - defined combination thereof. PR-406. Provide for complete security and restrictions to access. PR-407. Ability to define multiple earnings types. PR-408. Ability to support employees in multiple job assignments. PR-409. Ability to support employees in multiple labor distributions. Support automatic distribution of pay and other benefits on a percentage basis and on the basis of hours worked at each job. PR-410. Ability to produce an hourly or salaried payroll or a combination thereof. PR-411. Ability to produce a supplemental payroll. PR-412. Provide the ability for the user to change tax tables and withholding and number of dependent at the menu level. PR-413. Ability to pay employees for multiple positions in one pay period. PR-414. Provide at least four different hourly/salary rates and expense distributions for each employee. PR-415. Provide options to prevent Federal Tax, FICA Tax, and/or Medicare Tax from being withheld on an employee -by -employee basis. PR-416. Option to print checks on check stock or laser printed checks. 40 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE PR-417. Must be able to enter hours worked, vacation, and sick time [ ] taken, along with General Ledger distribution with defaults for each. PR-418. Provide the capability to edit and verify the labor distribution [ ] prior to the actual payroll check production. PR-419. System will automatically calculate gross pay from multiple user [ ] defined components such as base pay, longevity, educational incentive pay, shift differential, etc. PR-420. The system should provide the capability to automatically [ ] distribute an employee's base pay, overtime, leave pay, employer retirement contribution and other employee costs based on a predefined percentage to multiple funds/departments/line items within the General Ledger. VENDOR COMMENT REQUIRED PR-421. The system should automatically generate liability accruals to be ( ] [ ] posted to the General Ledger along with liability payments and accrual relief entries. PR-422. Support ability to handle earned income credits resulting in [ ] [ ] reduction of payroll tax deposit, reporting on 941 and reporting on W-2. PR-423. Provide a variance limit check on each check produced by the [ ] [ ] system with secured override. PR-424. Support direct deposit capabilities. Prepare an ACH file for [ ] [ ] transmission to a central repository bank for input into the Federal Reserve System for deposit into individual employee accounts. Ability for each employee to designate up to two bank/savings accounts, etc. for direct deposit. PR-425. Provide audit trail of on-line file maintenance to critical fields [ ] [ ] with operator ID, workstation ID, date/time, and old/new data. Track rate changes, date of change, old and new rate, and reason for change. PR-426. Prepare employee earnings\check stub for each employee, [ ] ( ] including employees on direct deposit, showing all hours earnings, deductions and all year to date totals with option to 1�4 059 41 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION ITEM print leave balances. PR-427. System will provide for multiple methods of calculating overtime pay, such as time -and -a -half, double-time, and premium pay. These calculations are user defined and maintained. PR-428. System shall allow for non cash pay adjustments such as car used for personal use, city owned lodging, taxable per diem and spousal insurance. PR-429. Capability to handle a cafeteria benefits plan with flexible spending accounts. PR-430. Maintain prior years' detail and totals for a user specified period of time. PR-431. Provide capability to archive payroll data prior to a user designated date to an archive file or tape and then purge the data from the system. PR-432. System should have capability to separate allowance from base pay. PR-433. Ability to correct or change time accounting up to the deadline for processing payroll. PR-434. Provide the capability for automated check reconciliation. PR-435. The system must provide the ability to expense the payroll to multiple funds and internally generate all "due to" and "due from" entries to keep all funds in balance. PR-436. Create both payroll and General Ledger distribution data from same input. PR-437. Provide for the calculation of overtime pay with user defined parameters. PR-438. Ability to select tax treatment of earning categories for various tax calculations. PR-439. Allow for an extra withholding tax deduction in any amount at the option of the employee. VENDOR VENDOR RESPONSE COMMENT CODE REQUIRED 42 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PR-440. Ability to compute shift and overtime premium or exception pay. [ ] [ ] PR-441. Provide capability for time to be entered for an employee who [ ] [ ] works temporarily in a higher pay class or position. PR-442. Ability to adjust pay for "differential" hours worked at a different [ ] [ ] rate than the employee's normal rate. PR-443. Ability to accurately track workers compensation codes for each [ ] [ ] employee, including tracking employees that change positions resulting in different codes for various ranges of dates during the year. PR-444. Payroll processing will include updates to employee data, time [ ] [ ] reporting, adjustments, calculation of gross and net pay, accruals disbursements, registers, and other reports. PR-445. Allow the preparation of paychecks at any time during the pay [ ] [ ] period for terminated employees, back pay, special allowances, and other reasons. PR-446. Calculate payroll and print payroll checks and related reports. [ ] [ ] PR-447. Permit the input of car allowances, which will be used to [ ] [ ] automatically calculate the imputed income for each employee. PR-448. Provide the capability to reconstruct a previously posted payroll [ ] [ ] register, along with related payroll check registers and deduction registers. Maintain the following general information for each employee: PR-449. Employee name and number [ ] [ ] PR-450. Address [ ] [ ] PR-451. Social Security Number [ ] [ ] PR-452. Normal hours worked per pay period and annually [ ] [ ] PR-453. Pay cycle (weekly, bi-weekly, semi-monthly, monthly, [ ] [ ] etc.) �V 061 43 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PR-454. Number of dependents [ ] [ ] PR-455. Home state and work state [ ] [ ] PR-456. Title and primary department number [ ] [ ] PR-457. Date of birth [ ] [ ] PR-458. Date of last raise [ ] [ ] PR-459. Date hired [ ] [ ] PR-460. Date terminated and termination code [ ] [ ] PR-461. Longevity calculation date [ ] [ ] PR-462. Full time / part time [ ] [ ] PR-463. Sex and race [ ] [ ] PR-464. EE04 Category [ ] [ ] PR-465. Home telephone number [ ] [ ] PR-466. Previous, current, and projected job grade and step and [ ] [ ] effective dates PR-467. Exempt flag [ ] [ ] PR-468. Flag [ ] [ ] PR-469. Days worked and hours worked per day [ ] [ ] PR-470. Must provide on-line context sensitive documentation with table [ ] [ ] of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. Time Entry -w 1�� UE2 44 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PR-471. The system should allow time entry on an exception basis; for [ ] [ ] example, only exceptions to a pre -established work schedule should require entry. PR-472. Provide option to print several variations of payroll time sheets [ ] [ ] or a format designed by the City. PR-473. The system should be capable of facilitating time entry at any [ ] [ ] point or points during the pay period, including daily if desired. PR-474. The system must have the ability to accommodate varied work [ ] [ ] cycles used in determining hours worked in accordance with Federal Labor Standards Act (29 C.F.R. Part 553). PR-475. The system should permit the entry of information concerning [ ] [ ] multiple types of leave. Accrual of leave amounts should be automatic and should not require input during the time entry process. PR-476. During the time entry process, the system should allow the user [ ] [ ] to override the default labor distribution to specify possible multiple accounts for distribution. Changes to the distribution should not affect the liabilities recorded to federal and regulatory authorities, unless specified by the user. Benefits/Deductions Features PR-477. Support an unlimited number of deduction codes for items such [ ] [ ] as insurance, retirement, child support, etc.. These deductions should be able to set up as a flat amount or a percentage of gross or other user defined pay field. Options should be provided to designate the tax treatment of the deduction code (after federal and state tax, before federal and state, before FICA, etc.) in order to accommodate various retirement plans and Section 125 type deductions. PR-478. Provide the ability to assign up to eighteen of the unlimited [ ] [ ] number of deduction codes to each employee. PR-479. Ability to designate if a deduction code is global or employee [ ] [ ] specific for purposes on ongoing maintenance of deduction codes. A retirement plan deduction might be global (all employees pay the same percentage, the City contributes the 1 -G63 45 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED same percentage for all employees, meaning an increase or decrease would apply to all the employees with the deduction code), a child support code would be employee specific (changes would have to be made at the employee record level). PR-480. Provide the ability to assign accounts payable vendors to each [ ] [ ] deduction code with flexible parameters for definition of due dates. PR-481. Provide the ability to distribute the City's share of benefits across [ ] [ ] multiple funds and departments in the same percentages that an employee's pay is distributed. PR-482. Once a deduction code is set up, provide the ability to stop and [ ] [ ] start a deduction on an employee -by -employee basis. Year-to- date totals should be maintained. PR-483. Ability to provide global control of what deductions are included [ ] [ J in each payroll process. PR-484. Ability to establish limits for deductions and employer taxes. [ ] [ ] The deduction should stop when a specified limit for the employee is reached. Option to automatically re-establish the deduction for purposes of employee bond purchase plans, etc.. PR-485. Ability to distribute deduction and benefit expenses to the Project [ J [ ] Accounting module. PR-486. Ability to withhold garnishments. [ ] [ ] PR-487. Ability to void or reverse checks on-line. [ ] [ J PR-488. Ability to calculate deductions based on net pay. [ ] [ ] PR-489. Provide for up to three one-time or manual deductions per [ ] [ J employee per pay period. PR-490. Ability to calculate pay differentials based on user defined grade [ ] [ ] and step tables. PR-491. Ability to withhold IRS tax levies. [ ] [ ] PR-492. Provide comprehensive reporting capabilities for deductions [ ] [ ] including user -defined parameters. Deduction reports should .. '. o64 46 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE provide options such as range of dates (including prior years data), sorting options (alpha, employee number, by department, social security number, etc.), deduction code(s) (options for one, multiple, all). Option to print gross amount of pay, employer's share of deduction code, department totals, general ledger detail, and social security numbers. PR-493. Ability to setup predefined consolidation codes for purposes of grouping deduction codes for reporting purposes (i.e. one report consolidating information for several retirement plans, or all cafeteria plan deductions). PR-494. Ability to calculate and track city paid benefits. PR-495. Ability to generate deduction calculations automatically for: PR-496. First Pay period of the month. PR-497. Second pay period of the month. PR-498. Third pay period of the month (when applicable). PR-499. All pay periods. PR-500. Current pay period only. PR-501. Or any other user defined cycle. Leave Tracking Features PR-502. Accrue sick and vacation time and up to 20 other user -defined leave categories for each employee based on user -defined tables with leave category, length of service, and/or job classification. PR-503. The system should track each of these leave categories on an annual or employee anniversary basis. PR-504. Provide on demand leave accrual for holidays. PR-505. On -screen inquiry should display balance carried forward from previous year, current year accrual, current year taken, current year adjustments, and total hours available for each leave category. Option to display further detail for any leave type including all accruals and hours taken by date and check number. VENDOR COMMENT REQUIRED 47 PAYROLL / PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PR-506. Ability to print leave history in summary or detail format for one [ ] [ ] employee, all employees in a department, or for all employees. PR-507. Ability to post adjustments, with concurrent authorization, to an [ ] [ ] employee's leave balances. A history of any adjustments posted must be maintained for inquiry or reporting purposes. PR-508. Provide the capability to process year-end forfeitures of vacation [ ] [ ] time. PR-509. Ability to limit accrual of leave time to maximum allowed. [ ] [ ] PR-510. System should be able to accumulate compensatory time with [ ] [ ] limits set by various department rules. PR-511. Provide a report of the dollar amount of the City's liability for ( ] [ ] accrued benefits and compensated absences. PR-512. Validate availability of leave at time of payroll input. [ ] [ ] Payroll History Capabilities PR-513. Provide detailed history of all payroll checks. Ability to [ ] [ ] designate any range of dates (unlimited history) for prior year's history for inquiry purposes on screen including posting date, check date, check number, gross pay, deductions, taxes, reimbursements, and net pay. Ability to retrieve further detail in a report format. PR-514. On -screen inquiry should display balance carried forward from [ ] [ ] previous year, current year accrual, current year taken, current year adjustments, and total hours available for each leave category. Option to display further detail for any leave type including all accruals and hours taken by date and check number. PR-515. Ability to print leave history in summary or detail format for one [ ] [ ] employee, all employees in a department, or for all employees. Personnel/Human Resources Features (OPTIONAL) PR-516. The system must have the capability of tracking information [ ] [ ] related to the performance review of the individual: ... 066 48 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PR-517. Date review due [ ] [ ] PR-518. Date of discussion with employee [ ] [ ] PR-519. Next review date [ ] [ ] PR-520. Follow-up review date [ ] [ ] PR-521. Pay increase granted [ ] [ ] PR-522. Maintain date employee goes on C.O.B.R.A benefit and [ ] [ ] C.O.B.R.A code. PR-523. Maintain date of last physical and date of next physical. [ ] [ ] PR-524. Maintain date of last drug test. Provide ability to create group of [ ] [ ] employees subject to random drug testing. Generate random drug test listing and perform random selection. PR-525. Provide emergency information for each employee including [ ] [ ] name, address, phone number, and relationship. PR-526. Provide for date of termination and user -defined code field. [ ] [ ] PR-527. Provide fields for disabled veteran flag and code, military code, [ ] [ ] and veteran code. PR-528. Unlimited free form text area for maintaining a history of [ ] [ ] employee reviews. The information should be displayed in reverse chronological order. PR-529. Unlimited free form text area for maintaining a history of [ ] [ ] employee promotions. The information should be displayed in reverse chronological order. PR-530. Unlimited free form text area for miscellaneous notes for each [ ] [ ] employee. The information should be displayed in reverse chronological order. PR-531. Ability to set up user defined fields to track human resources [ ] [ ] related data such as educational qualifications, licenses held, continuing education requirements and history, spouse's name, address, phone number, date of birth, employer, employer phone number, insurance data such as group health census data, life n �.. GE7 49 PAYROLL / PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED insurance amounts, number of children covered, types of insurance coverage, etc.. PR-532. Provide for the recording and retention of data relating to [ ] [ ] employee performance, commendation, and disciplinary action. PR-533. The system should be able to record, in the employee record, the [ ] [ ] various training courses an employee completes while working for the city, including such information as grade or certification received in the course. Reporting Capabilities PR-534. All reports will be previewed through a Windows -format viewer [ ] [ ] with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report - warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously, warehoused reports. PR-535. Print check numbers on computer generated check register. [ ] [ ] PR-536. Prepare monthly, quarterly, and year-end reports as required for [ ] [ ] Workers Compensation, insurance, tax withholding, and FICA. PR-537. Prepare W2's as required including capability to prepare a tape [ ] [ ] file for transmission of federal withholding and social security deductions. File format must meet federal requirements. PR-538. Ability to create a W-2 work file which includes all information [ ] [ ] required for W-2 reporting (both hard copy and magnetic tape) and the ability to perform on-line file maintenance to the work file in order to adjust amounts for taxable, non -income fringe benefits, such as life insurance, take-home vehicle, etc.. if necessary. PR-539. Capability to maintain and report employee tax withholding data [ ] [ ] and generate W-2's at any time of the year. PR-540. Ability to run W-2's for prior year after payrolls for current [ ] [ ] calendar year have been posted. l `It 76 8 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE PR-541. System must be capable of storing and retrieving necessary data about employees, both current and former, to produce the EEO-4 Reports and EEO-1 Reports in both headcount summary and headcount detail. PR-542. Ability to support state employment commission electronic filing. PR-543. Ability to produce quarterly reports at any time during the year for a previous year. PR-544. Payroll Check Register: Print employee number, name, check date, check amount and check number and provide number of regular and manual checks printed with totals. PR-545. Leave Liability: A report showing the dollar amount and the [ ] hours of the City's liability for unused leave and sick time and other user defined leave categories. Report will be by department/division. Totals by department/division and overall totals. PR-546. Worker's Compensation Report: Provides ability to input the [ ] City's discount rate and experience factor for purposes of automatically calculating the Worker's Compensation premium for the period specified. Produces the necessary report for the City's Worker's Compensation carrier. PR-547. Deduction Report: The system will have the capability to [ ] produce a report for each deduction. These reports will list as a minimum, Employee, Social Security number, department, amount of deduction, total amount, and total number of employees participating in the deduction. Provide options to sort by employee name, employee number, department number, or social security number. Provide option to print for one or more deduction codes in one report. PR-548. Employee Profile Report: User defined parameters should [ ] include sort sequence (number, department, alpha), department, and employee number if information on a single employee is requested. This report should print a summary of all information in an employee's information in the master file. PR-549. 941 Report: Option to print for any range of dates. [ ] 50 VENDOR COMMENT REQUIRED [ ] [ ] [ ] [ ] [ ] 51 PAYROLL / PERSONNEL SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED PR-550. Payroll History Report: User defined parameters should [ ] [ ] include range of dates to include employee number(s). The report should print the following information from each pay period: check number, posting date, the following in both hours and dollars: net pay, gross pay, overtime pay, vacation pay, sick pay, holiday pay, any other leave pay. All deductions should be included, including employer contributions. Should include totals by calendar quarter. PR-551. Employee Review Report: Should print history of an [ ] [ ] employee's review with the City. Ability to provide reminder of employees who may be due a review. PR-552. Retirement Plan Report: Prints necessary information for three [ ] [ ] different employee retirement systems in format acceptable to the State's retirement system. PR-553. Leave Balance/Usage Report: Listing of accumulated leave [ ] [ ] and leave taken so that beginning balance, taken, and current balance are reported. Listing should be for each employee in department/division sequence. Should provide both summary and detail reports. Detail report should allow selection to print history of one or more leave categories and list leave time earned, taken and any adjustments for each leave category selected. PR-554. Payroll Calculation Report: This report is to be used to proof [ ] [ ] payroll data prior to printing payroll checks. The report should be printed in employee number order, subtotaled by department and should include, but not necessarily be limited to, the following information for each employee: PR-555. Employee number [ ] [ ] PR-556. Employee name [ ] [ ] PR-557. Earnings in hours and amount for each applicable [ ] [ ] earnings type PR-558. Leave time in hours and amount for each applicable leave [ ] [ ] category PR-559. Benefits and reimbursements [ ] [ ] �- 070 52 PAYROLL/PERSONNEL SPECIFICATION DESCRIPTION ITEM PR-560. Deduction information including both employee and associated employer contributions PR-561. Taxable wage totals, employee and employer contributions for federal withholding, FICA and Medicare PR-562. This report should show totals for all departments, provide department recap totals, and detailed journal of transactions to be posted to the Accounts Payable system. General Ledger totals should also be provided showing all debits and credits that will be posted to the General Ledger. Errors and/or warnings regarding this report should be listed including page numbers on which errors and/or warnings appear. PR-563. Employee List: User defined parameters should include sort sequence (employee number, name, social security number, and choice to print specific or all departments.) Report should include employee number, name, social security number, department number, annual wages, hourly rate/salary and status (active, terminated). PR-564. Performance Review Reminder Report: This report should include the next review date, for those reviews overdue and also include those due within the next sixty days. PR-565. End user reporting tools must be available to create queries and/or reports, using data from any of the fields within the Purchase Order system. The interface must be ODBC compliant and have the capability to transfer data to third party applications Microsoft Excel, Access, etc.. System Interfaces PR-566. The Payroll system should interface with the following software modules: PR-567. General Ledger PR-568. Accounts Payable PR-569. Project Accounting PR-570. Check Reconciliation VENDOR VENDOR RESPONSE COMMENT CODE REQUIRED 53 BANK RECONCILIATION SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED BR-571. The Bank Reconciliation System shall utilize a Graphical [ ] [ ] User Interface. BR-572. The Bank Reconciliation system should be an interactive set of [ ] [ ] programs/modules that allow the user to reconcile monthly bank statements to General Ledger cash accounts. BR-573. The program shall allow the user to identify items to clear [ ] [ ] during the current month's reconciliation in a batch, full screen, or individual item mode. BR-574. The system shall process up to ten cash accounts per fund [ ] [ ] pooled cash amounts (multiple funds sharing a Banking account). BR-575. The system (all modules) shall be integrated with cash account [ ] [ ] transactions and automatically posted to the Bank Reconciliation system. BR-576. The Bank Reconciliation System shall recognize postings [ ] [ ] through the General Ledger for items such as bank charges, interest income, returned Banks, etc.. BR-577. The software shall have the ability to import magnetic [ ] [ ] information on cleared Banks from bank. BR-578. The system shall produce monthly reconciliation statements [ ] [ ] detailing the bank balance at last statement, cleared Banks, cleared deposits, cleared interest, service charges, and miscellaneous items. BR-579. The system shall provide on-line context sensitive [ ] [ ] documentation with table of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. BR-580. All reports shall be previewed through a Windows -format [ J viewer with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report -warehousing function through defined folder structure 147 �. 072 54 BANK RECONCILIATION SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE on server, with ability to retrieve and reprint any or all previously warehoused reports. BR-581. Reconciliation Statement: this report shall produce a new bank balance with a detail of outstanding items to prove the General Ledger cash account balance. It can be run by account and as of a specific date. BR-582. Bank Reconciliation Register: this report will be run by account and filtered for type of transaction, status, range of dates, amounts, and sub -system posted from. These transactions can also be grouped by type. BR-583. General Ledger BR-584. Accounts Payable BR-585. Payroll/Personnel VENDOR COMMENT REQUIRED 55 CENTRAL CASH MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED CC-586. The Central Cash Collection System must utilize a Graphical [ ] [ ] User Interface and provide the following optional methods of operation: CC-587. Accepts any type of cash receipt. [ ] [ ] CC-588. Cashiers are to have a workstation with a dedicated [ J [ ] receipt/validation printer, automated cash drawer, and an optional bar code scanner. Certain workstations can be designated for cash collections without the peripheral equipment, but will have restricted capabilities as a result. CC-589. The system provides the option to have more than one [ ] [ ] operator logged in to a workstation at the same time. Each operator is given a code that must be used by the operator receiving the payment. If only one operator is logged on to the workstation, the code should not have to be re-entered before each payment posted. CC-590. Each operator can have multiple batches active in the system [ ] [ ] and the ability to update each separately. These batches are selected and an edit register run, with approval and update functions from same Operator Process window. CC-591. Cash receipts for integrated will post to those accounts once [ ] [ ] updated in the Central Cash Collection system. CC-592. Each type of receipt should carry a unique code that indicates [ ] [ ] the type payment being posted. A drop -down list look -up feature should be provided that allows the operator to view the available codes authorized for that operator and make their selection. CC-593. The transaction codes must be user defined providing [ ] [ ] parameters such as description, destination subsystem, general ledger accounts receipt will be posted to, an option for a default charge, and a receipt message. CC-594. Support a minimum of ten predefined general ledger accounts [ ] [ ] that may be debited/credited for each transaction code. With an option to apply a receipt across multiple general ledger 1A� �� 0714 56 CENTRAL CASH MANAGEMENT SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE accounts on a predefined percentage basis. CC-595. The system should be capable of endorsing checks and [ ] validating a customer's utility bill on one pass -through or printing a separate receipt. The time, date, operator code, amount paid, how paid, amount posted, change given, and customer balance should be printed on the receipt or bill. CC-596. Provide on-line account number validation for any integrated [ ] subsystems, with on-line look up of the respective account available once the transaction code for that subsystem is selected. CC-597. Any overpayments should be stored in an unapplied credit account until applied against the proper revenue code. CC-598. When posting a payment to a customer's account in the [ ] Accounts Receivable system, the Central Cash Collection system should provide the ability to look -up accounts by account number, the account name or a portion of the name. (i.e. If the letters "SM" are entered, the system should display all account names beginning with "SM" and provide the ability to select the desired account). Once the account is selected, the operator can choose from all invoices available for that account to apply payment. CC-599. A record of each transaction should be printed on a separate [ ] journal tape. CC-600. Ability for cashier to collect payments for items that are not [ ] pre -billed in any system. These transactions would only post to the respective general ledger accounts. These could include, but are not limited to, transaction codes such as copy fees, rent, entrance fees, vending machine receipts, etc. VENDOR COMMENT REQUIRED CC-601. From the Operator Process window, the operator can create, [ ] [ ] open, and close batches. The operator can also enter payments, void a receipt, and reprint a receipt. CC-602. At the end of a cashier's scheduled work day, a close-out [ ] [ ] report should be printed to be balanced with the cash, checks, money orders, etc.. in the operator's drawer. There should be the ability to record cashier over and under to a finance !! 50 05 57 CENTRAL CASH MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED system account. CC-603. The system should provide for the ability to void a receipt. [ ] [ ] CC-604. Must provide on-line context sensitive documentation with [ ] [ ] table of contents, index, and key word search capabilities with bookmark and note capabilities. Ability to e-mail or generate fax sheet for support requests directly from application. Provide direct access to help web site to log support requests, query knowledge base for frequently asked questions, participate in user group discussions, and download updates via secure connection. CC-605. Provide the ability, at any time during the day, to display all a [ ] [ ] summary of all receipts processed at a cash collection workstation. Information displayed should include the operator's code and name, and total receipts for each type of transaction (utility payments, deposits, building permits, etc.) and by type (cash, check, credit card, etc.). The grand total of all receipts at the workstation should be displayed as well as the total number of receipts voided. CC-606. Require a valid operator code in order to process a receipt. [ ] [ ] CC-607. Support the processing of a single payment for different types [ ] [ ] of transactions from one customer as a single transaction and print the associated receipt. CC-608. Support the processing of payments from more than one [ ] [ ] person for a single account as one transaction and print the associated receipt(s). For example, permit fees where part is by check, one with cash, one with a money order. CC-609. Provide for unique codes to be defined for each receipt being [ ] [ ] posted that identify the type of transaction being posted. A drop -down list look -up feature should allow the operator to scroll through available codes authorized for that operator. CC-610. Automatically prompt the operator to have the receipt printer [ ] [ ] endorse checks. CC-611. All reports will be previewed through a Windows -format [ ] [ ] viewer with user -defined display parameters, layouts, formats, u. 076 58 CENTRAL CASH MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report -warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously warehoused reports. CC-612. Cash Collection Receipt Register: This report should be printed when an operator is ready to closeout a batch of payments taken by the operator. This report should include all transactions handled by the operator in the batches selected. The report should be printed in receipt number or transaction number order and should include receipt number, date, time, operator code, workstation number, payment type (utility, court fine, etc.), amount tendered, amount applied, change, how paid (cash, check, etc.), reference (i.e. check number), subsystem payment will update, voided receipts, utility account number and utility customer name. The batches can then be approved and updated. CC-613. Daily Cash Collection Register: This report should print a summary of all Cash Collection Receipt Registers during the day totaled by operator and workstation. Total receipts for each payment type (utility, court, building permits, etc.) are totaled as well as totals for checks, cash, money orders, credit cards and other. This report should include a General Ledger posting report and deposit recap. CC-614. Journal Report: User defined parameters should include the ability to select the operators and workstations to be included in the report. The report should be printed in receipt number order and should include receipt number, date, time, operator code, workstation number, amount tendered, amount posted, change, how paid, reference and subsystem the transaction will be posted to. The report should include summaries by operator and workstation. CC-615. History Report: User defined parameters should include the [ ] [ ] ability to select by ranges of transaction numbers, dates, and receipt numbers. Option to print history only on transactions related to a subsystem (business licenses). Option to print history on transactions generated from a designated workstation and/or operator. Information printed on the report should include receipt number, date, time, operator 1;i ti 59 CENTRAL CASH MANAGEMENT SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED code, workstation number, transaction type, subsystem (if applicable), amount applied, charges, amount tendered, method of payment, and notes (if applicable). Daily totals should be provided for the range of dates specified and grand totals for the overall report. CC-616. End user reporting tools must be available to create queries [ ] [ ] and/or reports, using data from any of the fields within the Purchase Order system. The interface must be ODBC compliant and have the capability to transfer data to third party applications Microsoft Excel, Access, etc. The Central Cash Collection system should interface with the following modules CC-617. General Ledger [ ] [ ] CC-618. Accounts Receivable [ ] [ ] CC-619. Business License [ ] [ ] 60 BUSINESS & ANIMAL LICENSING AND PERMITS SPECIFICATION DESCRIPTION VENDOR VENDOR ITEM RESPONSE COMMENT # CODE REQUIRED LP-620. Real time system processing, not batch processing. [ ] [ ] LP-621. Menus have drill -down capabilities for detail. [ ] [ ] LP-622. ALL screens in a GUI format [ ] [ ] LP-623. System has complete on-line help function. [ ] [ ] LP-624. Report writer for ad -hoc reporting. [ ] [ ] LP-625. Handle an unlimited number of fees and rates. [ ] [ ] LP-626. System allows for individual late fee codes associated with a rate. [ ] [ ] LP-627. System integrates with General Ledger, Cash Receipts. [ ] [ ] LP-628. Data must reside in the central CIS database with UB and Misc AR. [ ] [ ] LP-629. Unlimited licenses, accounts and history. [ ] [ ] LP-630. Must be able to track hazardous material for any account. [ ] [ ] LP-631. Allow for credits and deposits. [ ] [ ] -LP-632. Minimum 24 user defined fields with field labels. [ ] [ ] LP-633. In addition to NAICS and SIC, must allow unlimited user business [ ] [ ] codes. LP-634. Maintain contact file, contact checklist. LP-635. Licenses and Renewals must be stored in MS Word. [ ] [ ] LP-636. Must track business information, including zip codes of business, [ ] [ ] sheet address, and type of business. 1:; 4 ITEM # REPORT WRITER SPECIFICATION DESCRIPTION VENDOR RESPONSE CODE 61 VENDOR COMMENT REQUIRED RW-637. Process Application Software data files with the ability to extract [ ] [ ] data in any user defined order. RW-638. Link multiple data files for access. [ ] [ ] RW-639. Create output for review, either on screen, in report format, or as [ ] [ ] an export file. RW-640. Report style printed output. [ ] [ ] RW-641. The system must provide the ability to use the Report Writer [ ] [ ] from within the application software. RW-642. The system must provide sorted output on any field in the data [ ] [ ] files. RW-643. The system must provide the ability to perform arithmetic [ ] [ ] functions on any numeric field in the data files. RW-644. The system must provide the ability to compute subtotals, grand [ ] [ ] totals and averages. RW-645. The system must provide the utility to create the report form [ ] [ ] format. RW-646. A data dictionary should be provided for application files. [ ] [ ] RW-647. The report writer should be able to access all data in the [ ] [ ] application software files. RW-648. The report writer should provide the capability to save user [ ] [ ] defined reports and/or queries for later use. RW-649. The report writer should provide the user the choice of either [ ] [ ] displaying selected data on the screen, printing selected data, formatting a report, or transferring the data in either ASCII or comma -delimited format. RW-650. Should support the ability to combine information from multiple [ ] [ ] fields in one report. RW-651. Should provide arithmetic functions such as add, subtract, [ ] [ ] multiply, divide. r �. 5 t/ 080 62 REPORT WRITER SPECIFICATION DESCRIPTION VENDOR ITEM RESPONSE # CODE RW-652. Sort by ascending or descending order by selected data field(s). RW-653. Support subtotaling, totaling and averaging. RW-654. The system must provide the utility to create data configuration procedures and store them for recall later from within the applications. RW-655. All reports will be previewed through a Windows -format viewer with user -defined display parameters, layouts, formats, and printers available. This viewer should provide search, go to, and status bar functionality. Viewer should also provide report warehousing function through defined folder structure on server, with ability to retrieve and reprint any or all previously warehoused reports. Report Writer interfaces with: RW-656. General Ledger RW-657. Budget Preparation RW-658. Accounts Payable RW-659. Purchase Orders RW-660. Payroll/Personnel RW-661. Accounts Receivable RW-662. Business Licenses VENDOR COMMENT REQUIRED I�G _. 081 ATTACHMENT 2 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to Executive Recruitment for Finance Director, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not. proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereoo. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible 1t"'07 4 083 for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or detective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon the Contractor's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "C"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (IOth) working day of such month, in the form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 2 6484 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance (Exhibit "D") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. C. d. e. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other ., ti�ir3 personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the or such other person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or Information pertinent to services to be performed hereunder which are reasonably available to the City. The City shall additionally provide Contractor staff assistance and shall take prompt and appropriate action when it will assist in ensuring and timely performance by Contractor hereunder. 5.0 INSURANCE. INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: I C. 0 4 � 086 Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, , arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: 1 G 1 5 1. 087 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied herein. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer 162' 6 088 or as required bylaw. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.& 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages IG11 7 4- 089 for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Emplovees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, 1 �'f 8 U90 color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Thomas P. Genovese, City Manager To Contractor: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authori The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties �J 9 - 091 and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 10 1�G 092 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: CITY OF LA QUINTA, a California municipal corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated. By: Title: "CITY" Name: Dated: By. Name: Title: "CONTRACTOR" 167 �� 693 EXHIBIT "A" SCOPE OF SERVICES [To Be Attached] ice 12 094 EXHIBIT "B" SPECIAL REQUIREMENTS [To Be Attached] 13 IGi 6.95 EXHIBIT "C" SCHEDULE OF COMPENSATION [To Be Attached] 696 14 EXHIBIT "D" SCHEDULE OF PERFORMANCE [To Be Attached] 15 L07 EXHIBIT "A EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" 1"ov , d. 16 mm TAt 4 4v Q" AGENDA CATEGORY: BUSINESS SESSION: / COUNCIL/RDA MEETING DATE: October 15, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of a Request for PUBLIC HEARING: Funding Received from the Bob Hope Chrysler Classic RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Funds have been budgeted for this event in the Fiscal Year 2002-2003 budget under Police Services -Special Enforcement Funds (101-301-609-575) in the amount of $25,000. However, the Hope Classic is requesting a total of $50,000 in City assistance. If the Council chooses to provide additional assistance with payment made directly to the Hope Classic, funds could be appropriated from Police Service Special Enforcement Funds (101-301-609-575), or from the General Fund Unallocated Reserves (101-000-300-290) . Alternatively, the Council may choose to fund the additional assistance from State "Citizens' Option for Public Safety" (COPS) funding. Due to funding uncertainty, COPS revenue was not included in the City's Fiscal Year 2002-2003 budget, adopted in July 2002. However, the Police Department anticipated receipt of $128,000 in COPS funding, and included that amount in their expenditure budget to cover costs of five additional programs, one of which is Special Events coverage in the amount of $35,000. The City has received information that COPS funding was renewed in the recently adopted Governor's Budget, at a yet undetermined level for La Quinta. However, the City did receive COPS funding of approximately $100,000 in Fiscal Year 2001-2002. If the Council chooses to allocate COPS funding for the Classic, contingent upon the City receiving adequate COPS funding, it will be necessary for the City to make payment directly to the Riverside County Sheriff's Department for actual time and hours, rather than making payment directly to the Classic. CHARTER CITY IMPLICATIONS: The City Charter and its principles of home rule allow the City sufficient flexibility to fund this project for security/law enforcement reasons, or "to utilize revenues from the 173 General Fund to encourage, support and promote economic development." Golf events may be considered a good source of advertising by putting forth the City's name, thus helping the City gain name recognition. BACKGROUND AND OVERVIEW: The City received written correspondence from the Bob Hope Chrysler Classic (Hope Classic) dated May 2, 2002 requesting $50,000 in funding assistance for the 2003 Bob Hope Chrysler Classic (Attachment 1). According to the correspondence, costs are expected to increase due to greater security requirements, land preparation costs, and the event being played at two courses in the City (PGA West and La Quinta Country Club). Last year, the City provided the Classic with $25,000. It should be noted that the Hope Classic is also submitting a request to the Redevelopment Agency for use of the Ranch property for event parking. In past years, when KSL owned the Ranch, KSL would enter into an agreement with the Hope Classic that allowed the Classic to use the land free of charge, with the Hope Classic providing soil stabilization, parking attendants, fencing and signage, shuttle busses, and appropriate insurance. Hope Classic officials have been notified that this matter is scheduled for consideration by the Council on October 15, 2002 and it is anticipated that a representative will be present to answer questions relative to the event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an appropriation of an additional amount to the Bob Hope Chrysler Classic from Police Service Special Enforcement Funds, or the General Fund Unallocated Reserves (i.e., an additional amount beyond the $25,000 already budgeted); or 2. Approve an allocation of an additional amount to the Bob Hope Chrysler Classic from COPS funding, to be paid directly to the Riverside County Sheriff's Department; or 3. Do not approve additional funding for the Bob Hope Chrysler Classic; or 4. Provide staff with alternative direction. 002 Respectfully submitted, Mark Weiss, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Correspondence from Bob Hope Chrysler Classic dated May 2, 2002 17 003 V CLASSIC ATTACHMENT 1 BOB MOPE CHRYSLER CLASS 1L Post Office Box 865, Rancho 1\'Iiral-e, California 921-70 Bob Hope Classic Building, 39000 Bob Hope Drive. Rancho Mirage. California 92270 (760) 346-8184 1-888-MR B HOPE • FAX (760) 346-6329 Web Site: www.bhec.corn E-Mail Info Ca` bhcc.com • bhccadminC&top'host.com May 2, 2002 The Hon. John Pena Mayor of the City of LaQuinta 01:1 r E:RS: Post Office Box 1504 BOB HOPE LaQuinta, CA 92253 CHAIf? \1 AN OF THE BO 1RD Dear John: STEVE MORTON PRESIDENT AND TOURNA\IE'NTCHAIRNIAN As you may recall, we appeared before the City Council last JOHN Ni. FOSTER FIRST \ December to request the sum of $50,000 to defray certain city ICE PRESIDENT AND AssT TOVRNA\IENTCH\1N. and county mandated costs. The Council agreed to reimburse the ROBERT P. BRENNAN Classic for $25,000 of these costs„ for which the Board was very TREASURER grateful. ERME DUNLEN'rE SECRETAR, You will note from the enclosed schedule that our costs for land DO NALD B. POOLEY SECRETARI':TREASURER preparation, soil stabilization, and sworn security greatly exceeded the :\SST $25,000 granted by the city by nearly $50,000. 1)11t1 f l';)R�: RORLRTP.BRENNAN We are currently working on the budget for 2003. Given continued IOH\ CURCI TONYDEI.UORGR, heightened security requirements, on -going land prep costs, and the DANDI:NLAP event being played at two courses with the.city of LaQuinta (PGA ERNIEDI NLEVIL JnIiN EGI°R West as host and LaQuinta Country Club), we expect our costs to be IOHNEEVENSON similar or higher in '03. JOHN \I. FOSTER ROBERT J. FRAIMAN JERRI'GOA'FR We seek your advice on how best to approach the City Council to JOHN LANE increase their funding to $50,000. VICTOR LOBUE. Jr. STE.VE. MORTON DAVID PEAT I will look forward to hearing from you. As always, the Board and DON.\LDit. POOLEI' staff deeply appreciate the City's cooperation WILLI \\I T IYAVJ:RS and support of our desert charity fund raising event. BRAT) r„_,\,LE J:\\IFS R. REED Wit .1_1\\I G. SAI. ATICH Sincerely, EUGFNE. V LISBERO NI I fill MIC'HAEL \11LTHORPE D110 101, Michael Milthor e p D.\\\'\ SUGG` Tournament Director Enclosure cc: John Foster, President and Tournament Chairman005 SWORN SECURITY AND LAND PREPARATION COSTS 2002 BOB HOPE CHRYSLER CLASSIC Security: Sworn Officer Security and Traffic Control provided by Riverside County Sheriffs Department: Total of 1 493 hours and mileage $34,328 Land Preparation: Grading and watering for two sites At PGA West $22,860 Two soil stabilization treatments to the two sites and watering $16,203 $ 9 63 Total Costs $73,391 Tit�p 4 4 Q" COUNCIL/RDA MEETING DATE: October 15, 2002 ITEM TITLE: Consideration of a Reimbursement Agreement for Parkway Landscaping in Eisenhower Drive and Avenue 50 Street Right of Way Adjacent to the La Quinta Country Club and Resolution of the City Council of the City of La Quinta, California, Making Certain Findings Pursuant to Health and Safety Code Section 33445(a) RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION. 0-1 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: If deemed appropriate, adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) to use La Quinta Redevelopment Project Area 1 capital funding for the Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50. Approve an appropriation of $100,000 in Project Area 1 capital funding toward the Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50. FISCAL IMPLICATIONS: Funding for this project would be accomplished by utilizing Project Area No. 1 Redevelopment Funds. The estimated amount required is $100,000. Adequate funds exist in Budget Account 405-000-300-290 but will need to be appropriated by the Agency Board. CHARTER CITY IMPLICATIONS: The prevailing wage requirements will pertain to this project, since the project will be funded with Redevelopment Agency funds. BACKGROUND AND OVERVIEW: At the December 18, 2001 City Council meeting, the City Council reviewed a letter from the La Quinta Country Club regarding beautification of Eisenhower Drive. The letter, provided as Attachment 1, indicates that the existing oleander bushes planted along the block wall on Eisenhower have become infested with the "Leafhopper" parasite. As a result of the 7 1 W T:\P W DEPT\COU NCI L\2002\021015d-revised.wpd infestation (and dying plant life) the Country Club desires to beautify the area as well as replace the existing block wall. Staff has met with Dave Erwin, the designated representative of the La Quinta Country Club Board of Directors, several times regarding the request. Mr. Erwin has had plans prepared for improvement to the subject property and is proposing to make the improvements and be reimbursed by the City. As identified in the letter, it is not clear if the oleanders and proposed landscaping are on City property. Mr. Erwin is completing research with a title company to identify the ownership of the said property. Mr. Erwin has, at the expense of the Country Club, had plans prepared for City consideration, by Ray Lopez Associates (Attachment 2). As the City Council will recall, Mr. Lopez designed many of the City's landscape projects and, as needed, provides landscape plan check services to the City. City staff has also reviewed the plans and believe the improvements will result in beautification of the area while maintaining compatibility with existing landscape treatments in the area. This area is adjacent to the City's single largest revenue generator, the La Quinta Resort and Club. Mr. Erwin's specific request of the City is to have the La Quinta Country Club build a new wall at their expense and complete the new landscape improvements at the City's expense. The landscape improvements would be completed by the Country Club and subsequently the City would reimburse the Country Club upon acceptance of the improvements. Additionally, all improvements would be maintained by the Country Club. Attached is a Reimbursement Agreement (Attachment 3) that provides for the requested reimbursement and requirements for the Country Club to maintain the property. In regard to the removal of the existing oleanders and associated landscaping, Mr. Erwin has requested the City pay for removal if, after the title search is completed, the City is the fee title owner. If the fee title owner is the Country Club, the removal of the existing landscaping would be completed at the expense of the Country Club. The proposed Reimbursement Agreement and requested appropriation would appropriate not to exceed amounts to accomplish this request. Final verification of title would be completed by the City Attorney's Office. Should the City Council deem it appropriate to move forward with the Country Club's request, staff would recommend utilizing Project Area No. 1 redevelopment funds to fund the Reimbursement Agreement. Adequate funds are available to fund the request; however, because the subject property is outside the Project Area, the City Council would need to make the necessary findings to make the expenditure. City Staff has completed the necessary resolution for adoption, should the City Council deem it appropriate. Mr. Erwin is aware that the landscape improvements will need to be completed utilizing prevailing wage requirements because redevelopment funds will be the funding source for the Reimbursement Agreement. The total estimated cost for the landscape improvements and removal of existing landscaping is $100,000. Staff has included a contingency to the estimated construction 17 0 cost to cover additional cost related to the prevailing wage requirement not included in 002 s:%CityMgAWw1daW21015d-nWised- WO the estimated construction cost. The requested appropriation would be for this total amount. If the title search indicates the Country Club is the fee title owner, the expenses for the landscape removal would not be reimbursed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) to approve the use of funds from La Quinta Redevelopment Project Area 1 for the Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50; and Approve an appropriation up to $100,000 in Project Area 1 Capital funding for the Reimbursement Agreement for Parkway Improvements at Eisenhower and Avenue 50; or 2. Do not adopt a Resolution of the City Council making certain findings pursuant to Health and Safety Code Section 33445(a) to approve the use of funds from La Quinta Redevelopment Project Area 1; and Do not approve an appropriation in Project Area 1 Capital funding; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy . Jo son, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Letter from La Quinta Country Club 2. Landscape Plans 3. Reimbursement Agreement 1 003 T:kP W DEPTCOU NCIL12002\021015d-revised.wpd RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WHEREAS, the Eisenhower Landscape Street Improvements are located adjacent to the La Quinta Redevelopment Agency's Project Area 1 along the east side of Eisenhower Drive from Avenue 50 to approximately 1000 feet north and along the north side of Avenue 50 from Eisenhower Drive to approximately 50 feet east in the public right of way, which will enhance the public's use within Project Area 1; WHEREAS, the funding for these Eisenhower Landscaping Improvements is not otherwise available at this time; WHEREAS, it would be in the best interest of the public for the Eisenhower Landscape Improvements to be installed at this point in time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Health and Safety Code Section 33445(a), the City Council finds that: (a) That the Eisenhower Landscape Street Improvements will be of benefit to the Project Area 1, to the area surrounding Project Area 1, and to the immediate neighborhood in which the Eisenhower Landscape Improvements will be located. (b) That no other reasonable means of financing the Eisenhower Drive Landscape Improvements are available to the community at this time. (c) That the payment of funds for the construction of the Eisenhower Drive Landscape Improvements will assist in the elimination of one or more blighting conditions identified in the Redevelopment Plan. (d) That the construction of the Eisenhower Drive Landscape Improvements are consistent with the implementation plan adopted pursuant to Health & Safety Code Section 33490, in that the Eisenhower Drive Widening Improvements were identified as Street/Drainage/Landscape Improvements Section I. Item J. SECTION 2. The City Council therefore consents to the La Quinta Redevelopment Agency funding of the improvement costs of the Eisenhower Drive Landscape Improvements adjacent to Project Area 1 with La Quinta Redevelopment Agency Project Area 1 funds. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t' day of October, 2002, by the following vote to wit: 1st 004 AYES: Council Members NOES: None ABSENT: None ABSTAIN: None ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California JOHN L. PENA, Mayor City of La Quinta, California 18� -2- GG5 ATTACHMENT 1 P"% WRITTEN CORRESPONDENCE ITEM: Af _7 2M C a Poet Offte Box 99 / 77-750 Avenue 50 La t�tiu�ta, California S2253 Oo��y am5 78MS4.4151 / Fax 564 83SB November 29, 2001 Mr. Tom Genovese, City Manager City of La Quints P.O. Box 1504 La Quints, CA 92253 Dear Mr. Genovese: La Quints Country Club would like to enlist the City's support in a beautification project on Eisenhower Drive along La Quints Country Club's property line. in the early 19801s, oleander bushes were planted along the outside of a block wall that has served both as a security fence and a sound barrier. Unfortunately, our valley has become home to the "Leafhopper". This parasite has recently attacked and killed over half of the oleanders along the Eisenhower wall and is starting to infest the bushes along Se Avenue. The dying oleanders present an unsightly picture to passers by. This is not in keeping with the image that both the city of La Quints and the La Quints Country Club wish to project In 1993, the City of La Quints began several street projects in our area. The city expanded Eisenhower Drive and provided storm drains, gutters, and an attractive median strip. This project improved the appearance of the street as well as our boundary landscaping'- until the Leafhopper arrived. Although the Club has continued to maintain the oleander bushes, we assume they are planted in the public right of way that was established to complete the expansion of Eisenhower. Replacing the oleanders with more modem and appropriate landscaping is not the only problem we face. Contractors have advised us that the block wall will be damaged beyond repair when the oleanders are removed by the roots, as they should be. Both the oleanders and the wall need to be replaced. Even though the oleanders may be on public property, La Quints Country Club proposes to share with the City the cost of replacing the wall and landscaping. The City and the Club could collaborate on the wall and landscaping design. Our Board feels it is very important that action be taken this spring. It is in the best interest of both the club and the city to install an attractive wall with appropriate landscaping that will blend with the median strip and nearby plantings. For forty-two years we have supported the city of La Quinta and watched with pleasure as it grew and prospered. We hope you will agree that this would be a mutually beneficial project. One of our Board Members, Dave Erwin, will contact you to discuss this matter further. Sincerely yours, James R. Reed, President lg I m z z > M 0 0 I m * c MZ > > G000 z Lo a) < U) m (Z) C: 0 > RF z z j- m Ln ti z C) > r 0 , < m (Z > 0 z CC) (Z < m r, q 0 ;o L 0 M !Its fill, I tI 1 '10 il lip fro? tN v.+aasvn NVId 3dVOSONVI —I-D -x 0 3 T-dn 3dVDSONV'iM3 3M3d� ATTACHMENT 3 CITY OF LA QUINTA REIMBURSEMENT AGREEMENT LA QUINTA COUNTRY CLUB PERIMETER LANDSCAPING IMPROVEMENTS THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2002, by and between La Quinta Country Club, a California Corporation (LQCC), and the City of La Quinta, California, a California Charter City (the "City"). RECITALS: A. The LQCC consists of property located on the east side of Eisenhower Drive and the north side of Avenue 50. B. The LQCC desires to remove existing, and install new, perimeter landscaping and irrigation improvements along the east side of Eisenhower Drive from Avenue 50 to approximately 1000 feet north and along the north side of Avenue 50 from Eisenhower Drive to approximately 50 feet east, in the public right of way area located behind the curb. C. The City desires to reimburse the LQCC for certain costs incurred in the installation of said improvement provided that the LQCC maintains said improvement in perpetuity. D. It is therefore necessary that the LQCC and the City enter into this agreement for the installation and maintenance of the perimeter landscaping and irrigation improvements. NOW, THEREFORE, it is agreed by and between the LQCC and the City as follows: 1. Scope of Work. The Work shall consist of the. installation and maintenance of the perimeter landscaping and irrigation system located between the curb and the property line on the east side of Eisenhower Drive from Avenue 50 to approximately 1000 feet north and on the north side of Avenue 50 from Eisenhower Drive to approximately 50 feet east. 2. Responsibilities of LQCC. The LQCC shall cause the installation of the perimeter landscaping and irrigation improvements by contract and shall maintain such landscaping and irrigation in perpetuity in accordance with the standard of care adopted in the La Quinta Municipal Code. The LQCC shall cause the installation work to be completed in accordance with the prevailing wage requirements of state law. The perimeter landscaping and irrigation improvements shall be the property of the City. 3. Responsibilities of City. The City shall reimburse LQCC for the installation of the improvements contingent upon the City approving the improvement plans. The City have the right at its sole discretion to maintain the landscaping at the expense of LQCC. 4. Reimbursement to LQCC. Reimbursement for work performed as outlined on Exhibit A shall be made to upon proof of actual expenses and completion of the item as verified and approved by the Public Works Director/City Engineer or his designee. a. At least ten business days prior to a requested reimbursement payment, LQCC shall deliver to the City a request for the amount of the reimbursement earned. LQCC shall certify in the request for reimbursement that it is accurate and complete. The request for reimbursement G:%Reimbumement Agreement LQ Country Club Perimeter Landscaping 10-2002.wpd 11j f j 010 shall specifically identify the nature of each expense by reference to the line items set forth in Exhibit A, and shall specify the status of completion of the design or construction. b. The City shall have received appropriate waivers of mechanics' and materialmens' lien rights and stop notice rights executed by all contractors and other persons rendering service or delivering materials covered by the request for reimbursement. c. Considering a. and b. above, the City shall reimburse LQCC for all approved reimbursable work items within 30 calendar days of approval by City Engineer. Warranty. LQCC shall require its landscape contractor warrant the Improvements, which include the trees, and the hardscape, and irrigation elements, for one (1) year following completion of the improvements. 6. Perpetual Maintenance. It is understood and mutually agreed that in exchange for the City's fiscal participation in the installation cost related to the perimeter landscaping improvements, LQCC will maintain the landscaping in perpetuity which is hereby acknowledged to be an obligation that survives the term of this agreement. It is further acknowledged and mutually agreed that in the event the LQCC fails to maintain the landscaping in good condition, the City at its sole discretion may assume that maintenance duty at the expense of LQCC. The City will provide a 30 day notice prior to commencement of maintenance duties, allowing LQCC to remedy the circumstance. If LQCC fails to remedy the landscaping or irrigation improvements in accordance with the City's notice, the City shall have the right to complete all necessary repair, replacement, and maintenance, and LQCC shall have the obligation to reimburse the City within 30 days of the City's submission of an invoice for said work. 7. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (10) business days of service of such notice and completes the cure within forty-five (45) calendar days after the notification, or such longer period as may be agreed upon by the parties. 8. Attorney's Fees. If any party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 9. Indemnification. The LQCC shall indemnify, defend and hold harmless the City, it's officers, employees, agents ("City indemnities"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including attorneys' fees and costs of litigations ("claims"), arising from the activities of LQCC or of its agents or contractors in the performance of this Agreement, excepting only those actions, claims, liabilities, obligations judgments, or damages arising out of actions of the City indemnities. In the event the City is made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of LQCC or its agent or contractors: 1) LQCC shall provide a defense to the City indemnities or at the City's option, reimburse the City inaemnities for their costs of oeiense, including attorneys' tees, incurred in the defense of such claims; and G.\Reimbursement Agreement LQ Country Club Perimeter Landscaping 10-2002.wpd 2 of 5 �11 2) LQCC shall promptly pay any final judgment or portion thereof rendered against the City. 10. City Officers and Employees. No officer or employee of City shall be personally liable to LQCC or any successors in interest in the event of any default or breach by City or for any amount which may become due to Developer or their successors in interest or for breach of any obligation of the terms of this Agreement. 11. Term of Agreement. This Agreement shall remain in full force and effect in perpetuity unless otherwise mutually agreed upon by the parties in writing. 12. Insurance. LQCC shall concurrently with the execution of this Agreement, furnish the City satisfactory evidence of insurance of the kinds and in the amounts specified below. This insurance shall be kept in full force and effect by LQCC in perpetuity and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. LQCC shall furnish evidence of having in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract a. Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following: (1) Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. (2) Completed Operations/products, including X, C, and U Coverage. (3) Independent Contractors. (4) Blanket Contractual. (5) Deductible shall not exceed One Thousand Dollars ($1,000). b. Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage- ��A GAReimbursement Agreement LQ Country Club Perimeter Landscaping 10-2002.wpd 3 of 55 612 (1) Coverage shall be applicable to any and all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Contract. (2) Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. (3) Deductible shall not exceed One Thousand Dollars ($1,000). 13. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: City of La Quinta P.O Box 1504 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Attn: City Engineer To LQCC: La Quinta Country Club P.O. Box 99 La Quinta, CA 92253 (760) 564-4151 Attn: General Manager 14. Assignment of Agreement. The parties hereto may not assign their obligations hereunder to any assignee without the knowledge and consent of the other parties hereto which other parties shall not unreasonably withhold consent. Assignment may be made only to an assignee willing, financially capable and competent to carry out the assignor's obligations. 15. General Provisions. a. Except as otherwise provided herein, the terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. b. The parties to this Agreement do not rely upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. d. Any failure or delay by any party in asserting any of its rights and remedies as to any defcull shall nol operatE cE a %VaiVc! o{ Fn\,, ddEf LJll C' Cr FrN richIF C'r remedies provide.0 for herein. G.\Reimbursement Agreement LO Country Club Perimeter Landscaping 10-2002.wpd 4of5 n tJ e. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by the parties. 16. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 17. Authority of Signatories. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties are formally bound to the provisions of this Agreement. A written evidence of approval by its board members or Resolution of the Board, shall be part of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Approved as to Form: M. Katherine Jenson, City Attorney City: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Date Thomas P. Genovese, City Manager Date ATTEST: June S. Greek, City Clerk LQCC: La Quinta Country Club By: Date TitiL. 1 1, 1, 014 GAReimbursement Agreement LQ Country Club Perimeter Landscaping 10-2002.wpd 5 of 5 U y C 0 tn Q o 0 0 0 0 0 0 0 0 0 00000000000 0 0 0 000 0 0 00 0 0 0 0 0 0 0 00000o c o o coo C=) 0 0 C) Lf) O Lf) O 00 C) O CD L00 Ln Lf) O f`f) N N 'It N M N C) O Lf) O C) Lf) Lc) U') N L0 r 0 LO COO O 00LO O Ll) r N d' t-"t N M r O Cv) M Lf) 00 00 00 M 00 00 N r Lf) r 0 M (+') 6e� r 60 r N O 64 66 cli Ch O O M d N N O w E!3 EA 6- Vg Eft Ef-? N 69 r E!? r ER r 69 r fA N r r r 649 ffl Cs EA (f? K3 CD M O 69 60 T- H w 00000000000 00 O U 0 0 0 0 C) 0 0 0 0 0 O h C)) LC) Cj Lf) O LO C) 0 r C7 O f` LO N '-T N r 613 6c) LO CD i` O ER 609 C) 69 d 4 Ce) qlT cfl � d9 64 o cNi H Z r O r r W LC) Lf) M r LO O Lf) M M O M Lf) Lf) Lf) r r r Cn w E a)(D L L N Z O C9 m cc cO cu (a Cc M cC Cu N N N N C C c E Q ar y co — N U C N C N U C CC) L y (� C _ E N Y N CO CO w 4- CD E ~ 3 U Z o — L > a 0 O C coto Q 3 U /1L 42 2 0 J W O(D C z Y M Q a W 5 CO Zui p Q J c' 30 Q NQ U) =�E y O N a N co U LU U) z J LLJ CL V +% o0 CL Co w V a o O Q 4) 0)o0 a 0C E C U) N �L N yL H' w Qp L) CO o 0 -op d U) L= cts Z r= r Z 0Nw 0 M m•m� z Q N > d w J J Z J w m lT a J CO o aaa�� o y co L ao a) m °c)o y o N Liiw C)Ww 0) V r w C ow NDU_Mn a C:— J p pU w= JaU >> 5 o'ao ` N O C J >+ Q� w = X CO C CD �0 X V U) V (, U) J U) U U V ca y V O Q) o W C C C o 0 0 o"mw oQ w c(Q WQQ cnc�v� o o = o m X= co ca co o ,t E F H 2 H 2 U) H E cu m C 0 W U'va)coC9C�C�C •` O U-voO U)LU0 — V �ZF- O o000I=� HH�""(�U)I- �o0 U)C.iH U) U- u% Or N Mq- 0 0 h M 0 NMITLO (01-co 0)0 NM q N N N N Li)CDI- N N N T4&t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION:13 COUNCIL/RDA MEETING DATE: October 15, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of an Appeal of a Planning Commission Decision on a Public Nuisance Citation Regarding the PUBLIC HEARING: Violation of Front/Side Yard Setback, Satellite Dish Location, and Construction Without a Permit at 53- 750 Avenida Obregon. Appellant Bill and Jan Turner Uphold the Planning Commission's decision to deny the appeal. None. None. The issue of temporary shade structures in the front yard was first discussed by the Planning Commission on July 23, 2002 when staff brought the issue before them. After discussion, the Commission decided to not recommend a Zoning Code Amendment to permit the structures (Attachment 1). On August 8, 2002, Mr. and Mrs. Turner were cited for two Code violations, including the shade structure and satellite dish (Attachment 2). The Sections cited in the violations are contained in Attachment 3. The Turners filed a letter of Appeal (Attachment 4) pursuant to Section 1 1.72.050.F (Attachment 5). This appeal was considered by the Planning Commission on September 24, 2002. After lengthy discussion the Commission denied the appeal (Attachment 6). On October 1, 2002 Mr. and Mrs. Turner filed an Appeal of the Planning Commission decision (Attachment 7). P: \Jerry\a ppe a I-c a rpo rt. w pd Included as Attachment 8 are pictures of other shade structures located in the Cove area which will be addressed pending the outcome of this appeal. The alternatives available to the City Council include: 1. Uphold the decision of the Planning Commission by denying the Appeal; or, 2. Do not uphold the decision of the Planning Commission and approve the Appeal; or, 3. Modify the Planning Commission's decision; or, 4. Provide staff with alternative direction. Herrlhan, Community lopment Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Planning Commission Minutes for July 23, 2002 (excerpts) 2. Case file information w/ pictures 3. Code Sections regarding Garages and Carports, and Satellite Dish and Other Antennas 4. Letter of Appeal considered by the Planning Commission 5. Code Section regarding Abatement of Public Nuisances 6. Planning Commission Minutes for September 24, 2002 (excerpts) 7. Letter of Appeal to be considered by the City Council 8. Booklet of other shade structures in the Cove area 1911 OC2 P:\Jerry\appea1-carport.wpd ATTACHMENT #1 Planning Commission Minutes July 23, 2002 Commissioners Kirk/Abets to adopt Pla ing Commission Resolution 2002-083 recommending certif' ation of a Mitigated Negative Declaration of environmental i pact for Environmental Assessment 2002-454, subject to the endings, as submitted. ROLL CALL: AYES: Commissioners �" e I S and Kirk. NOES: Commissioner Robbins a Vice Chairman Tyler. ABSENT: Chairman Butler. ABS AIN: None. 48. There being a tie vote, a motion dies. No further action was taken. VII. BUSINESS ITEMS: q Continued Site D Permit 2002-744; a request of Jai Nettimi for compatibility r iew of a deck for a single family two story house located at 79-39 Paseo del Rey. 1. Vice C irman Tyler asked if there was a motion to continue Site Deve pment Permit 2002-744, as requested. It was moved and sec nded by Commissioners Kirk/Robbins to continue Site D velopment Permit 2002-744 to September 3, 2002, as quested. Unanimously approved. B. Zoning Issues; a request of staff for review of Shade Structures, Gas `7 Stations, and Drive Thrus. 1. Vice Chairman Tyler asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Vice Chairman Tyler asked if there were any questions of staff. Commissioners Robbins/Kirk stated they support leaving the Zoning Code as it is written for shade structures. 3. Staff asked if the Commission wanted to limit the number of gas stations and fast thru restaurants in the City. Staff is not requesting the prohibition of a restaurants, but rather the drive thru. 194 G:\WPDOCS\PC Minutes\7-23-02.wpd 19 Planning Commission Minutes July 23, 2002 4. Commissioner Kirk questioned whether or not the City could adopt such an action. Assistant City Attorney Marc Luesebrink stated the Planning Commission can amend the Zoning Code and make a recommendation that allowing these uses is not good planning. 5. Following discussion, it was moved and seconded by Commissioners Abels/Tyler to continue this to a future meeting, directing staff to prepare an analysis as to how many gas stations and drive throughs there are and where they are located in La Quinta and potential locations. Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Commissioners di4cussed the IX. COMMISSIONER ITEMS: A. No report was given on\the City Council meeting of July 16, 2002. X. ADJOURNMENT: There being no further business, it wa moved and seconded by Commissioners Abels/Robbins to adjourn this regular meets g of the Planning Commission to a special meeting of the Planning Commission to be h d September 3, 2002, at 7:00 p.m. This meeting of the Planning Commission was adj urned at 10:45 p.m. on July 23, 2002. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California �J 005 G:\WPDOCS\PC Minutes\7-23-02.wpd 20 ATTACHMENT 2 CANOPIES AND CARPORTS 53750 Avenida Obregon 008 September 24, 2002 :1� 1 007 file://M:\Documents%20and%20Settings\dconrad\Local%20Settings\Temp\1\PKGB.7PG 10/2/2002 198 mi' ATTACHMENT 3 NOTICE OF CODE VIOLATION, CASE NUMBER: 6559 PUBLIC NUISANCES Code Violation: 8.01.060-Permit required Location: Carport structure constructed over the driveway area. Violation Text: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, convert or demolish any building or structure, including a swimming pool, spa or hot tub, or make any installation, alteration, repair, replacement, or remodel any building service equipment, including swimming pool, spa and hot tub equipment, regulated by this Title, except as specified in section 301.2.1, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official, Correction: Remove the carport structure Reinspection Date: September 3rd, 2002 Code Violation: 9.60.050 Table 9-3 Standards for detached accessory buildings. (Setback requirements). Location: Carport structure constructed over the driveway area Violation Text: Table 9-3 See Attached Correction: Remove the carport structure. Reinspection Date: September 3rd„ 2002 Code Violation: 9.60.080 Satellite Dish and other Antennas Location: South East Corner of the rear yard Violation Text: See Attached Correction: Remove the Satellite Dish or conform to the specific Code Requirements. Reinspection Date: September 3rd, 2002 1,93 6�� 9.60.050 C. Lot Coverage Maximums. The placement of accessory buildings on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. D. Standards. Setbacks and Maximum Height. Detached accessory buildings shall conform to the following setback standards: Table 9-3 Standards for Detached Accessory Buildings Minimum_ Setback (f.) Roof Area of Maximum Se ration Structure Height � from Main Front Yard Interior Exterior Rear r (sq. ft,) BuildingSide Yard Side Yard Yard 0-100 10 5 20 3.5 10 3.5 101 200 10 5 20 5 10 5 201+ 17 10 Same as for main building (Ord. 299 § 1 (part), 1997; Ord. 284 § 1(Exhs. A, B) (part), 1996) 9.60.060 Garages and carports. A. Height. The maximum structure . height shall be fourteen feet for a detached carport and seventeen feet for a detached garage, except that garages may be up to twonty-eight feet in height if a second dwelling unit complying with the provisions of Section 9.60.090 is located above the garage. B. Setbacks. 1. In the RVL district, the minimum garage or carport setback shall be thirty feet. In all other residential districts, the minimum setback for front -entry type garages or carports shall be twenty-five feet if a standard "pivot" type garage door 1s; used, twenty feet if a `5roll-110" type gage door is used, and twenty feet for a carport. For side -entry type garages, the minimum garage setback shall be twenty feet in the RVL district and fifteen feet in all other residential districts. 2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private sbieet or common driveway. C. Lot Coverage Maximums: The placement of a garage or carport on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. (Ord. 284 11 (F.xh. A) (part), 1996) 9.60.070 Swimming Pool& A. Applicability. The provisions of this section shall apply to any outdoor swimming pool, whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of containing water to a depth of eighteen inches or more at any point. For purposes of this section, the team `pool" means all or any of the foregoing facilities. B. Standards. Pools are permitted as accessory uses in residential districts subject to the following requirements: 1. Location. Pools shall be located at least three feet (measured from water's edge) from any property line. No adjustments to this minimum shall be approved, with the exception -of private gated communities where any property lire is adjacent to common open area. 2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, fitter or heater, may be located.within the required tmt or rear yard setback mu. Ile equipment shall be enclosed, with the exception of a roof. A five-foot side yard, clear of any permanent obstructions, shall be maintained between the side yard property line and the building. Pool equipment that can be accommodated in this aria shall be enclosed, with the exception of a roof. The community development director shall determine if this provides effective noise and vibration attemuuation. Equipment shall be screened from view from the street when in the front yard. In addition, equipment shall be -screened from ground view of surrounding properties- Such visual screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting• 010 -3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the city's building code Chapter 8.06, state law and other applicable laws and ordinances: 140 4. Screening shall be provided as required in Section 9.60.140B(2).'(Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) ... 9.60.080 Satellite dish and ether antennas. A. Purpose. Satellite dish and other antennas consistent with the design and location provisions of this section shall be permitted as accessory structures within any residential district. B. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Communication Towers and Equipment). Satellite dish and other antennas are permitted as accessory structures in nonresidential districts in accordance with Section 9.100.070. C. Permitted Noncommercial Antennas. Noncommercial privately owned television and/or radio antennas shall be contained entirely within a building except for. (1) satellite dish antennas and other antennas which cannot function when completely enclosed by a building; and (2) amateur radio antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR Section 97). Such permitted outdoor antennas shall comply with the following design standards and requirements: 1. Number. No more than one satellite dish and one amateur radio antenna shall be permitted per lot. 2. Height and Diameter. Satellite dish antennas shall not exceed eight feed in height measured from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio antennas shall not exceed the maximum building height for the district as specified in Section 9.50.030. 3t . Ground -Mounted Antennas. a Location. All ground -mounted antennas shall be located within the rear yard or may be located within an interior side yard if not within the required side yard setback. Such antennas are prohibited from exterior street side yards unless not visible from the street. All antennas over six feet in height shall be set back a minimum of ten feet fim all property lines. b. Screening. Ground -mounted satellite dish antennas shall be screened from view, including views from 10 adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., off-white, dark green, brown, gray or black). c. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on any patio or deck. 4. Building -Mounted Antennas. Roof -top and other building mounted antennas am prohnbited in all residential districts if over twenty-four inches in diameter unless completely screened from horizontal view via a parapet wall or other feature which is integrated into the architecture of the building. (Ord. 299 § 1(part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.090 Second residential units. A. Purpose. This section provides standards and criteria for the establishment of second residential units within residential districts consistent with Sections 65852.1, 65852.150, and 65852.2 of the State Government Code. B. Definitions. For purposes of this, code, the following definitions shall apply: 1. "Second residential unit" means a dwelling unit, including sleeping and cooling facilities, that is accessory to a pre-existing primary residence on a single-family lot. "Granny housing" is intended for sole occupancy by one or two persons age sixty-two years or older or a handicapped person of any age (plus spouse or care giver). "Granny housing" is included- within the term "second residential unit." 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. Only one second residential unit or one guesthouse may be established on any lot in addition to the primary residence.. Therefore, no more than two residential units on a single lot are permitted under the..provisions of -this section.-. _ _- ------.-__-.. __-._._ _.._ _ .__ -------_---.---_.-. -- -- 011 ti Quim 3-") 240 8.01.060 8.01.060 Permits required. Section 301.1 of the Uniform Administrative Code, 1994 Edition, shall be revised to read as follows: Permits Required. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, including a swimming pool, spa or hot tub, or make any installation, alteration, repair, replacement, or remodel any building service equipment, including swimming pool, spa and hot tub equipment, regulated by this Title, except as specified in Section 301.2.1, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official. (Ord. 276 § 2 (Exh. A) (part), 1995; Ord. 208 § 2 (part), 1992; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985) 8.01.070 Construction site security and debris. A. The owner, contractor or responsible party constructing a new building, addition, or alteration to an existing building shall maintain security measures as deemed necessary or as required by the building official to control vandalism, fires, blowing dust, sand or debris. B. The owner, contractor or responsible party constructing a new building, addition, or alteration to an existing building, shall keep the construction site clean by having on site an all metal, minimum three yard container with hinged lid (except rolloff containers), compatible for use with standard trash removal trucks, commonly referred to as dumpsters, for the depositing of trash and debris. Containers are to be provided by commercial trash collection companies and shall not be placed in the right-of-way. As used in this section, "trash and debris" shall include papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster, concrete, boards and other substances that may be accumulated as a result of construction activities. C. A trash container shall remain on the construction site until the building inspector has completed the final inspection. Said container shall be emptied of its contents on a regular schedule or as ordered by the building inspector in order to avoid blowing debris or other public nuisances. D. Disposal shall be by transportation to a legally established dump site by the city's refuse contractor or other person authorized by law to remove any container from the location where the container was placed by the person in charge for storage and collection. E. Refusal to comply with the provisions of this section shall be a misdemeanor and punishable as stipulated in Section 205 of the Uniform Administrative Code; and/or be sufficient cause for the revocation of the issued building permit pending compliance. (Ord. 208 § 2 (part), 1992; Ord. 130 § 1, 1988; Ord. 97 § 1, 1986: Ord. 68 § 1. (part), 1985) 8.01.080 Violation --Penalty. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title. Any person, firm or corporation violating, or failing to comply with, any of the provisions of this title or a code adopted in this title is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title or such code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. The application of the penalty provided in this section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the La Quinta Municipal Code. (Ord. 68 § 3, 1985) 012 167 (La Quinta 9-99) • August 27, 2002 ATTACHMENT #4 Attn: City Clerk City of La Quinta Planning Commission 78-495 Calle Tampico La Quinta, Ca 92253 RE: Letter of Appeal — Complaint #6559 "NOTICE OF PUBLIC NUISANCE" To Whom It May Concern: Please consider this letter of appeal for the citation issued on our canopy. My husband and I have stopped any further improvements to our property until this has been resolved. We are disappointed and confused with the term "public nuisance" itself since the shade has so many benefits and absolutely no negatives. Neighbors are even stopping to compliment us on it. The temperatures in our garage were over 114A but since the canopy was in place the temp is less than mid 90^s. Our money was invested and, more importantly, our time to obtain a better shade and protection for our vehicles. Some shades seen in the cove are not the quality nor have the longevity we needed. Our decision was greatly irdluenced by canopies used in the La Quinta Park, pool, bike trails and La Quinta Car Wash. Clear sight was taken into consideration since we are on a comer lot. This impressive canopy is not permanent but sturdy and anchored for safety however is not attached to our house. It has no abstract colors or markings even though I understand the City considers the extreme "high profile" house colors are freedom of expression. The color of blue was chosen to match as closely as possible to the trim of our house (white w/ blue trim). We simply wanted to find an attractive way to have shade for our vehicles and perhaps even discourage unwelcome vandals/ thieves. (My car has been vandalized twice in_ three weeks. The first time the officer_ said nothing could be done and he filed no report!) The Sun Bus comes down our street so the shade protects the privacy of our vehicles and their contents. We plan to park all of our vehicles in the driveway, under the shade and off of the street. Our neighbors are in complete support and we contacted them before purchasing the canopy. Their signatures are attached. After living in La Quinta for over twelve years, I am disappointed to find we have lost more freedoms to additional property easements and even more again for another 20 feet of setbacks. I heard stories of restricted colors for houses and limits on number of trees in front yards. This stirs my concern since it seems I no longer actually own any of my so- called property and I am sure this info will trigger the concerns of many other cove residents. My house (2100sf) is on a corner lot of less than 6400sf with two sides requiring 12 ft easements and the 20ft setbacks (these easements and setbacks have changed substantially since my purchase in 1991). The side yard easement of 4.5ft (should be 5ft?) and the rear of 10ft, I have nothing left. This may be true of most single La Quinta cove lots although easements vary by the street you live on!! All cove lots seem smaller than the minimum of 7200sf as listed in the codes so property taxes are being paid on property they cannot utilize and enjoy. It seems hard to believe these changes were made without realizing the impact on the cove residents. Is it possible to consider the cove being "grand -fathered in", were we overlooked at the time or simply not 3 even considered? I- tj 913 • Page 2 oN As for the satellite dish, it is very surprising to hear any concern over something that has been in the same place since 1992. It was acceptable to the building inspector when our remodel was in progress so the eave has been built around the satellite pole. We moved to La Quinta in 1990 from Texas. We visited many of the Coachella Valley cities but were constantly pulled back to La Quinta. We liked the individuality concept and mixture of people of La Quinta Cove. It was a conscious decision to buy out of the gated communities and away from the homeowner associations. Our primary expectations are that we remain in control of some our freedoms and know our property should be one of them. My husband and I did not want nor expect a battle with the City of La Quinta over this beautiful canopy or satellite dish. Our understanding of earlier codes was that the canopy could not be attached permanently to the house and could not infringe on the easements or obstruct traffic visibility at the corner. The plan and desire was to enhance our home, not devaluate it so please know that we will continue the grounds improvement and check the code restrictions for any future work after this citation has been resolved. We would like to appeal the City of La Quinta's decision and respectfully request to be allowed to keep the canopy and satellite as is. Per the code inspector, Don Whelchel, the easements are for future sidewalks or utility needs so we offer to move/reposition the canopy at our expense should any sidewalks or utility needs ever become a reality. - - Our desire is-ta resolve this matter as quickly and calmly as possible. Please contact us should you have any questions and we are anxiously waiting your decision. Yours truly, Bill Turner & Jan Turner 53-750 Avenida Obregon--- La Quinta, Ca 92253 Bill's office# 760.564.6686 Jan's cell# 760.250.9056 Fx# 760.771.4746 014 Page 3 of 4 PETITION Keep Shade Cover & Satellite Dish (Newly Installed) (In place 11 years) Located @ P--750 Avenida Obre�gon 1. z. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. /; �/ o k I V— � A- N —A; � �,,, j C-1- RAN n -� r c.. L •.) '015 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. ATTACHMENT 5 .11.72.050 ing imminent danger to life or serious injury to persons or property, an authorized representative of the city may order without notice or judicial action the immediate abatement of the public nuisance. F. Appeal Procedure. Within ten days from the date of personal service or mailing the notice of public nuisance the property owner may appeal the determination that a public nuisance exists to the planning commission. The appeal shall be in writing and filed with the city clerk. At a regular meeting not more than thirty days thereafter the planning commission shall proceed to hear and pass upon the appeal. The planning commission's decision may be appealed within ten days of the decision by written request to the city clerk. The city council shall hear the appeal at a regular meeting not more than thirty days from the date of request. G. Failure to Abate. If a public nuisance is not voluntarily abated after notification the following shall r apply: 1. Prosecution. Failure to abate shall constitute an infraction pursuant to Section 1.01.200 of this code which provides for prosecution as misdemeanor upon committing three infractions. 2. City to Abate. The city may cause the public nuisance to be abated. The manner of abatement and costs incurred by the city to abate the public nuisance shall be reported to the city council by the community safety director immediately following abatement. 3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the public nuisance. Reasonable attorney's fees and costs may be collected by the city in any action to abate a public nuisance. (Ord 160 § 1 (part), 1989) 11-72.060 Costs of abatement. A. Responsibility for Costs. If the city abates a public nuisance pursuant to Sections 11.72.050(B)(2) or 11.72.050(E) the cost of abatement may be assessed as alien against the property together with an additional twenty-five percent of the cost of abatement for inspection and any administrative and incidental costs incurred by the city to abate the public nuisance. B. Hearing on Assessment. To determine if the cost of abatement shall be assessed as alien against the property a hearing shall be held by the city council. The city clerk shall schedule the hearing for the first regular meeting that is held at least seven days following the filing of the community safety director's report on the costs and manner of abating the public nuisance pursuant to Section 11.72.080(B). The property owner shall be served notice advising him of the date, time and location of the hearing in accordance with Section 11.72.070(C) of this chapter. A property owner may pay the assessment to the city clerk prior to the hearing to avoid a lien being placed against the property. The city council shall consider any objections to the assessment at the hearing. If the city council determines that the cost of abatement shall be assessed as a lien against the property a resolution shall be adopted by the city council stating the amount of the assessment The city clerk shall prepare and file a certified copy of the resolution with the county auditor -controller. C. Assessment and Collection. Government Code Section 387735 is incorporated by reference as it currently exists and may be subsequently amended. Section 38773.5 provides that the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected. If payment is delinquent the assessment shall be subject to the same penalties and procedure and sale as provided for ordinary municipal taxes. (Ord. 160 § 1 (part), 1989) 01 427 a. QUhft1"li ATTT Planning Commission Minutes September 24, 2002 24. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to continue the project to Octob 8, 2002, asking the applicant to better clarify the Specific an to know what is being approved, show additional ameniti woven into the site plan, improved pedestrian access to the illage and shows the location of the perimeter walls. Unanimo y approved. Chairman Butler recessed the meeting the meeting at 8:44 p.m. yid reconvened at 8:50 p.m. / C. Zoning Code Amendment/blic 73; a r uest of the City for consideration of an amendChapte 9.60, Section 9.60.030- Fences and Walls, of the Launi pal Code, to permit split rail fencing in the front yard witn ' I zones. 1. Chairman Butler openblic hearing and asked for the staff report. Community Dnt Director Jerry Herman presented the information contaistaff report, a copy of which is on file in the Communityment Department. 2. There being no q stions of staff and no other public comment, Chairman Butl closed the public participation portion of the hearing and 9i5ened the matter up for Commission discussion. 3. There b ng no discussion, it was moved and seconded by CoFendment 'sioners Tyler/Abels to adopt Planning Commission Z on 2002-095 recommending approval of Zoning Code 2002-073, as recommended. ROLJICALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: / None. VII. BUSINESS ITEMS: A. Notice of Public Nuisance Citation #6559 a request of Bill and Jan Turner for an appeal of a Public Nuisance Citation regarding the violation of front/side yard setback, satellite dish location, and construction without a permit. 1. Chairman Butler asked for the staff report. Community Development Director Jerry Herman presented the information � contained in the staff report, a copy of which is on file in the Community Development Department. n 18 G:\WPDOCS\PC Minutes\9-24-02.wpd 8 Planning Commission Minutes September 24, 2002 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins stated the report submitted by Code Compliance shows a multitude of canopies/structures, and asked if other residents had received citations. Staff stated they will be cited depending on the outcome of this meeting. 3. Commissioner Tyler noted there were three portions to the citation. Staff stated that was correct. 4. Commissioner Robbins asked if this type of structure were located in the sideyard, or back yard, and a vehicle be allowed to drive back and park under it: would a building permit be allowed. Community Safety Manager John Hardcastle stated the Building Code calls out the square footage for when a permit is allowed. It depends on the amount of area under the canopy to determine if a permit would required. 5. Commissioner Abels stated it is important to keep in mind the look of the streetscape. 6. Commissioner Kirk stated that if this is an illegal structure, you cannot have a building permit. Staff stated that it is not a buildable structure because of the setback. Community Development Director Jerry Herman recited the Code requirements for shade structures. 7. Chairman Butler asked if the applicant would like to address the Commission. Mr. and Mrs. Bill Turner, 53-750 Avenida Obregon, stated the purpose of putting up the shade structure. They did drive up and down the Cove before determining what type of canopy to purchase and to see what had been allowed. They chose the one currently installed as it was a much sturdier one than what they had seen in the Cove. They have addressed the company they bought the shade structure from and they have corrected their information. They have a corner lot and do not have any options due to the setbacks, to provide shade for their driveway. They are trying to enhance the landscaping as well. It is not a permanent structure and is not attached to their home. 8. Commissioner Abels asked if the company they purchased it from 0 informed them as to whether or not these structure§ were allowed. Ms. Turner stated no. American Awning was informed and they have put all future sales on hold. 9 1 9 G:\WPDOCS\PC Minutes\9-24-02.wpd 9 Planning Commission Minutes September 24, 2002 9. Commissioner Tyler asked when the house was built. Ms. Turner stated 1990. Commissioner Tyler asked if the size of the garage is the same now. Staff stated yes; 20 feet by 20 feet. Commissioner Tyler asked why they did not park in the garage. Ms. Turner stated they have motorcycles and other vehicles in the garage. In regard to the satellite dish, they can remove it, but it can only be seen when looking down the sideyard. 10. Commissioner Robbins stated he commends them on installing a nice looking awning in comparison to some of the others shown in the examples submitted. He is concerned that the retail stores are not informing the public where they can and cannot be installed. 11. Commissioner Kirk stated he too is concerned as to how you approve one and not the others. He asked staff how they make a determination as to what meets the Code and what can create trouble for staff. Staff stated it becomes subjective and it is not their desire to be treating people unequal. 12. Commissioner Robbins asked why this structure was the only one given a citation. Staff noted this was not the first one, this is the first that appealed the citation. 13. Commissioner Kirk stated the Cove does have some special circumstances in regard to the size of the lots. Some specific requirements could be placed on the shade structures to permit their use. He would support flexibility in the Ordinance to allow them. 14. Chairman Butler stated this is a nice installation, but he does not want to approve them as it could open the door for it to be allowed anywhere. 15. Commissioner Tyler stated the City does recognize their are special circumstances with the Cove lots. He does have a problem supporting them as it will allow all types and styles that could be unattractive. 16. Commissioner Abels stated the streetscape is important and � �� unfortunately the applicants have been taken advantage of. G:\WPDOCS\PC Minutes\9-24-02.wpd 10 020 Planning Commission Minutes September 24, 2002 17. There being no further discussion, Chairman Butler closed the public participation portion of the meeting and opened the meeting for Commission discussion. 18. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Minute Motion 2002-015, denying appeal of Public Nuisance Citation #6559, as recommended. Motion carried with Commissioner Kirk opposed. VIII. CaRRESPONDENCE AND WRITTEN MATERIAL: IX. COMVISSIONER ITEMS: A. A report of the September 17, 2002, City Council meeting, was given. X. ADJOURNMENT: There being no furt r business, it was moved and seconded by Commissioners Abels/Tyler to adjourn his regular meeting of the Planning Commission to a regular meeting of the Planning mmission to be held October 8, 2002, at 7:00 p.m. This meeting of the Planning C mission was adjourned at 9:39 p.m. on September 24, 2002. Respectfully submitted, Betty J. Sawyer, Executive Secretary City of La Quinta, California n11 921 G:\WPDOCS\PC Minutes\9-24-02.wpd 11 September 29, 2002 P ATTACHMENT #7 RECEivtu Attn: City Clerk 2 �, SEP �'- A;110: 5 It: City of La Quinta City Council CITY Cr L�� GUI�JTA 78-495 Calle Tampico C I T `•'' C L F:; K' S OFFICE La Quinta, Ca 92253 RE: LETTER OF APPEAL — Complaint #6559 "Notice of Public Nuisance" To Whom It May Concern: This is to appeal the citation issued on our canopy and ask that you also read our letter of appeal submitted to the Planning Commission along with the signatures of all of our neighbors. We may repeat ourselves in some cases but we are very passionate on this issue. We have stopped any further improvements to our property until this can been resolved and are disappointed and confused with the term "public nuisance" itself since the shade has so many benefits and absolutely no negatives. We have presented our position to the Planning Commission and they were not in agreement so we now come to you. There were comments made in reference to our shade that are in bad taste and are unfair. Someone said they do not want a "tent city"! Another referred to a "coat of many colors" impact because someone else may want a canopy in pink or some other color. I strongly suggest that each of you take the time to drive up each of the streets in the cove area to realize the eclectic make-up of this area. Color is definitely something no one has discouraged from hot pink to a mixture of green/purple/yellow by looking at the homes that have been painted in the last 3 years! My husband and I simply wanted to shade the vehicles that did not fit into the garage. We are like many families in the cove area. As a family grows, there are commonly more than two vehicles and in this case we are attempting to protect the ones in the driveway. I understand the easement needs for sidewalks (even though 12 feet seems excessive). An additional 20 feet of setback is indeed extreme. Combining the 12 feet with the 20 feet on my corner lot, you find yourself at the walls of my home. When this setback requirement was decided on, it seems impossible that the RC area was taken into consideration. The small lots in the cove area have automatic limitations and it seems confusing when we are told we cannot erect any shade within the 20 feet but a home can have the permanent structure of a wall and/or pool. Our position has been explained in the letter of appeal to the Planning Commission also. The Planning Commission was polite while listening but some had little understanding of the issue other than their desire to have a cookie cutter appearance in the cove. I would like to offer the same as before in reference to our shade. We offer to move/ reposition the canopy at our expense should any sidewalks or utility needs ever become a reality. Under no circumstances were we attempting to confront the City of La Quinta or its desire to protect property values. As for the satellite dish, we were surprised to be cited for this because it has been in place since 1992. Why weren't we told before so we could have made decisions when we remodeled our home? Now the pole itself is part of our eave on the home. At this time we are looking for a way to remove this dish but have not found an acceptable answer as yet. ., � �w 9.. n22 ` • • Page 2 of2 Please know, as we said in our earlier appeal letter, my husband and I did not want nor expect a battle with the City of La Quinta over this beautiful canopy. I was told at the Planning Commission Appeal that other citations have been issued but I question this because if this is true, why were so many still up? There is only a 21 day period within which you have to comply. If we are indeed the "example", then all cited should be notified of the appeal and, its progress. Now I am hearing that the code office is issuing citations to everyone since I began my response. That was not our desire to send the code officers after those who had canopies. How long were the others allowed to remain up? We chose to purchase in the La Quinta Cove because of the individuality of its residents. We have no interest in the gated community approach of matching homes and yards. It is important to us to retain some of the freedoms in our lives and we believe the property we pay taxes on each year should be one of them. Obviously, any upgrades done to our home involve respect of our neighbors and everyone's property values. We have seen many changes within the cove area and some with delight; however, others give us a reason to question. As we stated before, our desire is to resolve this matter as quickly and calmly as possible. Should you have any questions, please do not hesitate to contact us as we are anxiously awaiting your decision now. Yours truly, Bill Jan Turner 53-750 Avenida Obreg 2 La Quinta, Ca 92253 Bill's Office# 760.202.0204 Jan's Cell# 760.250.9056 Fax# 760.202.0021 013 n23 COUNCIURDA MEETING DATE: October 15, 2002 Consideration of an Ordinance Amending Chapter 2.60, Section 2.60.020 (Designated Employees - Disclosure Categories) of the La Quinta Charter and Municipal Code Relative to "Conflict of Interest Code" RECOMMENDATION: A). Motion to take up Ordinance No. further reading. B). Motion to introduce Ordinance No. FISCAL IMPLICATIONS: None CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: by title and number only and waive on first reading. Government Code Section 87306.5 relates to the Conflict of Interest Code adopted by the City. The section states, "No later than July 1 of each even -numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code to the code reviewing body." There were no changes required in July of this year, however, the recent appointment of an Assistant Public Works Director necessitates an amendment to the City's code. Several positions have also been reclassified by the FPPC from Category (*) to Category(') which are shown on Attachment 1, a redline version of the ordinance. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 A). Motion to take up Ordinance No. by title and number only and waive further reading; and B). Motion to introduce Ordinance No. on first reading. 2. Do not introduce an Ordinance amending Chapter 2.60, Section 2.60.020 (Designated employees -Disclosure categories) of the La Quinta Charter and Municipal Code relative to "Conflict of Interest Code"; or 3. Provide alternative direction to staff. Respectfully submitted, (;� _. &- Junes Greek, CIVIC City Clerk Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Ordinance amending Conflict of Interest Code (redline version) cot ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City") has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions with in City; and; WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMEND CHAPTER 2.60 OF THE CODE AS FOLLOWS: Amend 2.60.020 Designated Employees - Disclosure categories as follows: " 2.6.020 Designated employees - Disclosure categories Accounting Manager ' Assistant City Manager ' Assistant Public Works Director' Building and Safety Director' Building and Safety Manager' City Attorney* "IG GD3 Ordinance No. (enter Chapter, etc) Adopted: (enter date) Page _ City Clerk' City Manager* Community Development Director' Community Safety Manager' Consultants' * * Finance Director* Maintenance Manager' Management Analyst' Management Assistant' Member of the Architecture & Landscape Review Committee' Mayor* Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of the Investment Advisory Board' Members of the Planning Commission* Members of the Project Area Committee' Personnel/Risk Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, including property located within a two-mile radius of any property owned or used by the city. * Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. * * Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision to: 1. Approve a rate, rule or regulation, 2. Adopt or enforce a law, 3. issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, 5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract, 6. Adopt or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. . � Iw 004 Ordinance No. (enter Chapter, etc) Adopted: (enter date) Page Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The city manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of the disclosure requirements. The city manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. SECTION s. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this day of , 2002, by the following vote: AYES: Council Members NOES: ABSENT: ABSTAIN: JOHN J. PERA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) 413 005 Ordinance No. (enter Chapter, etc) Adopted: (enter date) Page APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 006 ATTACHMENT 1. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (the "FPPC") has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (the "City") has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (the "Code"); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions with in City; and; WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMEND CHAPTER 2.60 OF THE CODE AS FOLLOWS: Amend 2.60.020 Designated Employees - Disclosure categories as follows: " 2.6.020 Designated employees - Disclosure categories Accounting Manager ' Assistant City ManagerIN Building and Safety Director' Building and Safety Manager' City Attorney* n 22 t :A Ordinance No. (enter Chapter, etc) Adopted: (enter date) Page City Clerk' City Manager* Community Development Director' Community Safety Manager' Consultants' * * Finance Director* Maintenance Manager' Management Analyst' Management Assistant' Member of the Architecture & Landscape Review Committee' Mayor* Members of the City Council* Members of the Community Services Commission' Members of the Cultural Arts Commission' Members of the Historic Preservation Commission' Members of the Investment Advisory Board Members of the Planning Commission* Members of the Project Area Committee' Personnel/Risk Manager' Principal Planner' Public Works Director/City Engineer' Senior Engineer' Persons listed in this category shall disclose all investments, business positions and income from sources located in or doing business in the city and any interests in real property located in the city, including property located within a two-mile radius of any property owned or used by the city. Persons holding these positions file the Form 700 Statement of Economic Interest pursuant to Government Code Section 87200. Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: A. Makes a governmental decision to: 1. Approve a rate, rule or regulation, 2. Adopt or enforce a law, 3. issue, deny, suspend or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement, 4. Authorize the agency to enter into, modify or renew a contract provided it is the type of contract which requires agency approval, 5. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract, 6. Adopt or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. 1)09 TWY� 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: J COUNCIL/RDA MEETING DATE: October 15, 2002 CONSENT CALENDAR: STUDY SESSION: Consideration of Endorsement of Proposition PUBLIC HEARING: 50, the Clean Water and Coastal Protection Bond RECOMMENDATION: As deemed appropriate. FISCAL IMPLICATIONS: 1, rein CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In 2000, Californians passed Proposition 13, which provided new funding for a host of water supply, reliability and flood control efforts. The Clean Water and Coastal Protection Bond (Proposition 50) will augment Proposition 13 efforts and provide even greater opportunities to ensure clean and reliable water supplies for the residents of California. The Southern California Water Committee has asked the City to endorse Proposition 50 on the November 5 ballot. To date, the following Valley cities are taking a "no position" stance on this issue: Indian Wells, Palm Springs, Rancho Mirage, Indio, Cathedral City, and Palm Desert. The League of California Cities' Board met in July and recommended review by a Policy Committee because of the complexities of the proposition. The Policy Committee recommended a "neutral" position, and the Board adopted a resolution to remain "neutral" at their recent meeting in Long Beach. The Coachella Valley Water District's Board of Directors adopted a Resolution in support of the proposition at their last meeting. An argument against Proposition 50, as well as a rebuttal to that argument, is provided as Attachment 1. A list of endorsement/supporters is provided as Attachment 2. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Formally endorse Proposition 50 and authorize the City Manager to forward the completed Endorsement Form (Attachment 3) to "Yes on Prop 50— Californians for Clean Water and Coastal Protection;" or 2. Do not endorse Proposition 50 and take a "no position" stance; or 3. Provide staff with alternative direction. Respectfully submitted, Jm� k"44e:�Z Terry Ddbringer, Man ement Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Argument Against Proposition 50 and Rebuttal 2. Endorsements/Supporters List 3. Endorsement Form F02 ATTACHMENT WATER QUALITY, SUPPLY AND SAFE DRINKh, COASTAL WETLANDS PURCHASE AND PROTECTION. BONDS. INITIATIVE STATUTE. 5� ARGUMENT AGAINST PROPOSITION 50 It seems like every time we have a general election, someone asks for a few billion dollars for safe drinking water. This time we are being asked to pass the largest water bond in history. A whopping $5.7 billion —when you consider the principal ($3.44 billion) and the interest ($2.24 billion). In spite of all the water bonds California taxpayers have approved in the last 30 years, our Governor and Legislature have taken no action to develop new water storage facilities. In fact, the construction of dams and reservoirs has been at a virtual standstill for many years in California. Most of water bond monies California voters have been approving have gone for endless studies of the problem, and to pander to unrealistic environmental demands. It's time for all good taxpayers to say "no dice" to these bond schemes that do nothing to improve our long range water supply. Yes, we are fast approaching a big water shortage crisis in California, the likes of which we have never seen before. Proposition 50 provides virtually no money to alleviate that crisis. We need new dams on the American River at Auburn and on the upper San Joaquin River at Friant. $3.44 billion will build both of them and provide us with a much needed new water supply. We need to build the Sites Reservoir in Colusa County, and the Los Banos Grande Reservoir in Merced County to store an additional 6 million acre feet of new water for drought protection and to accommodate all the new construction of the last 30 years. $3.44 billion would go a long way to build these worthwhile new reservoirs. All of California desperately needs a diversion channel around the Delta so that excess water that now flows out the Golden Gate into the ocean can be sent to drought stricken areas of our State. $3.44 billion would substantially fund that project. Proposition 50 does nothing to start, or plan for completion of any of the projects listed above. Proposition 50 has been described as the "stealth bond issue." Proponents are trying to sell it as a clean drinking water initiative. However, all California taxpayers should know it was drafted by a Sacramento lobbyist for several environmental groups and the Metropolitan Water District of Southern California. Supporters then hired professional signature gatherers and paid as much as $2.50 a signature to qualify this deceptive initiative for the ballot. What Proposition 50 really does is dole out bond funds to the pet projects of those environmental groups that paid to put it on the ballot. And, you and your children will have to come up with $227 million each year for the next 25 years to pay for it. Recently, a group of 30 taxpayer organizations from around the State met in Convention under the name California Taxpayer's Coalition and voted unanimously to oppose Proposition 50. Vote no on Proposition 50. For more information tedcosta@tedcosta.com or peoplesadvocate.org 1-800-501-8222. ERNIE DYNDA, President United Organizations of Taxpayers EDWARD J. (TED) COSTA, CEO People's Advocate TOM C. ROGERS, Chairman Citizens Against Unfair Taxation n Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments 004 Yes on Prop. 50! VUSON Yes on Prop 50 - Californians for Clean Water and ATTACHMENT 2 Endorsements / Supporters (Updated 10/8/2002 ) Honorary Chair, Senator Mike Machado ADRO Environmental Inc. AFL-CIO AFSCME Agri -Empire American River Conservancy Amigos de Bolsa Chica Art Monter, Central L.A. School District Assemblyman Bob Hertzberg, California State Assembly Assemblyman Ed Chavez Assemblyman Fred Keeley, California State Assembly Assemblyman Gilbert Cedillo Assemblyman Juan Vargas Assemblyman Marco Firebaugh Assemblyman Simon Salinas Assemblyman Tony Cardenas Assemblywoman Fran Pavley, California State Assembly Assemblywoman Gloria Negrete McLeod Assemblywoman Sarah Reyes Association of California Water Agencies Audubon Society of California Ballona Wetlands Land Trust Bay Institute of San Francisco Bear Valley Community Services District Bob Cruz, San Benito County Board of Supervisor Boise Chica Land Trust Butte Environmental Council C P Kelco California Central Valley Flood Control Association California Coastal Coalition (CALCOAST) California Conference of Directors of Environmental Health California Council for Environmental & Economic Balance (CCEEB) California Democratic Party California Earth Corps California Environmental Health Association California Labor Federation California Latino School Board Member Association California League of Conservation Voters California Medical Association California National Association for Women California Organization of Police and Sheriffs (COPS) California Professional Firefighers California Public Interest Research Group (CALPIRG) California State Firefighters Association California State Parks Foundation California State University San Marcos California Teachers Association California Urban Water Conservation Council California Water Association http://endorsement.prop50yes.com/endorse.aspx 10/8/02 005 Yes on Prop. 50! Calleguas Municipal Water District Center for Environmental Health Center for Natural Lands Management City and County of San Francisco City Council Member Carmen Acevedo, City of Arvin City Council .Member George Luna, City of Atascadero City Council Member Leo Trujillo, City of Santa Maria City Council Member Louie Gonzalez, City of Santa Fe Springs City Council Member Manuel Lopez, City of Oxnard City Council Member Nora Campos, City of San Jose City Council Member Ralph Rubio, City of Seaside City Council Member Ray Cisneros, City of Commerce City Council Member Salvador Franco, City of Bell Gardens City of Bell Gardens City of Carson City of Hemet City of Los Angeles City of Montebello City of Pico Rivera City of Stockton City of West Hollywood Clean South Bay Clean Water Action Coachella Valley Water Agency Coastal Land Trust Community Enhancement Services Congresswoman Hilda L. Solis Congresswoman Hilda L. Solis Conservation Land Group Contra Costa Water District Council Member Anthony B. Santos, City of San Leandro Council Member Anthony Mendoza, City of Artesia Council Member Cindy Miscikowski, City of Los Angeles Council Member Eric Garcetti, City of Los Angeles Council Member Jose Soloria, City of Santa Ana Council Member Louie A. Lutan, City of La Puente Council Member Pablo H. Catano, City of Hawthorne Cruz M. Bustamante, California Lt. Governor Dairy Producers Environmental Fund Delta Wetlands Properties Ducks Unlimited Earth Neighborhood Wellness Center East Bay MUD Eastern Municipal Water District Ellen Tauscher, United States Congress Endangered Habitats League Environmental Water Caucus Feather River Land Trust Forestville County Sanitation District Friends of Coyote Hills Friends of Deer Creek Friends of Harbors, Beaches and Parks Friends of Kirkwood Association Friends of Temescal Creek Friends of the River Golden Gate Audubon Society Goleta Valley Land Trust Greater Redding Chamber of Commerce 22G 006 http://endorsement.prop50yes.com/endorse.aspx 10/8/02 Yes on Prop. 50! Green Research Inc. Heal the Bay Helix Water District Hills for Everyone Hunsaker Association of Irvine Hunter Industries Inc. Huntington Beach Chamber of Commerce Imperial County Board of Supervisors Imperial Irrigation District Inland Empire Utilities Agency Inland Empire West Resource Conservation District Jim Venable, Riverside County Board of Supervisor Kennedy Club of the San Joaquin Valley Kern County Water Agency Krieger & Stewart, Inc. Lake Hemet Municipal Water District Land Trust for Santa Barbara County Las Virgenes Municipal Water District League for Coastal Protection League of Women Voters of California League to Save Lake Tahoe Loma Rica Ranch Preservation Committee Long Beach Area Chamber of Commerce Long Beach Water Department, Board of Commissioners Los Angeles Area Chamber of Commerce Los Angeles Conservation Corps Los Cerritos Wetlands Land Trust Los Cerritos Wetlands Task Force Lower Putah Creek Coordinating Committee Marin County Board of Supervisors Marin Municipal Water District Mayor Victor Lopez, City of Orange Cove Metropolitan Water District of Southern California Milk Producers Council Mono Lake Committee Morro Estuary Greenbelt Alliance Moulton Niguel Water District Mountains Restoration Trust Muir Heritage Land Trust Municipal Water District of Orange County Nadia Davis, Santa Ana School Board National Audubon Society National Coalition of Hispanic Organizations National Wildlife Federation Natural Heritage Institute Natural Resources Defense Council North East Trees North of the River Municipal Water District Northern California Water Association Occidental County Sanitation District Orange County Business Council Orange County Water District Pajaro Valley Water Management Agency Palomar Audubon Society Palos Verdes Peninsula Land Conservancy Peninsula Open Space Trust Physicians for Social Responsibility, Los Angeles Chapter Planning and Conservation League http://endorsement.prop50yes.com/endorse.aspx 10/8/02 00 Yes on Prop. 50! Procter & Gamble Paper Products Co. Psomas RBF Consulting Richard Katz, Board Member, State Water Resources Control Board Robert M. Gould, Physicians for Social Responsibility Rose Hills Company Rural Quality Coalition Russian River County Sanitation District Sacramento Area Flood Control Agency San Bernardino Valley Water Conservation District San Diego County Supervisor, Greg Cox San Diego County Supervisor, Pam Slater San Diego County Water Authority San Diego River Park Joint Powers Authority San Francisco Bay Area Physicians for Social Responsibility San Francisco Bay Conservation and Development Commission San Francisco Bay Joint Venture San Gabriel Basin Water Quality Authority San Joaquin River Parkway and Conservation Trust Santa Ana Watershed Project Authority Santa Ana Watershed Project Authority Santa Clara Valley Audubon Society Santa Clara Valley Water District Save the Bay SEIU, California State Council Senator Dianne Feinstein Senator Gloria Romero Senator Liz Figueroa Senator Martha Escutia Senator Nell Soto Senator Sheila Kuehl, California State Senate Sierra Buttes/Lake Basin Coalition Sierra Foothills Conservancy Sierra Nevada Alliance Sierra Watch Silicon Valley Manufacturing Group Small Wilderness Area Preservation- Los Osos/Morro Bay Chapter Sonoma County Board of Supervisors Sonoma County Water Agency Sonoma Valley County Sanitation District South Yuba River Citizens League Southern California Agricultural Land Foundation Southern California Water Committee Southern California Watershed Alliance State Water Contractors Stockton Chamber of Commerce Stockton East Water District Surfrider Foundation Sweetwater Union High School District Tehachapi -Cummings County Water District The Bay Institute of San Francisco The Big Sur Land Trust The Nature Conservancy The Sierra Fund Tom Topuzes & Associates Tri Valley Group Truckee Donner Land Trust Trust for Public Land • http://endorsement.prop50yes.com/endorse.aspx 10/8/02 Yes on Prop. 50! Tuolumne Co. Land Trust Tuolumne River Preservation Trust United Farm Workers of America United Lot Owners of Cambria Valley Independent Bank Valley Industry and Commerce Association Volcan Mountain Preserve Foundation Water and Wastewater Equipment Manufacturers Association Water Replenishment District of Southern California WateReuse Association Western Carwash Association Western Municipal Water District Womens Cancer Resource Center Yolo County Flood Control and Water Conservation District Yuba County Water Agency Fact Sheet • Bond Language - Funding Categories - Press Releases • Endorsements/Supporters Join Our Supporters List • Make a Contribution • Ballot Pamphlets - News Articles 0,09 http://endorsement.prop50yes.com/endorse.aspx 10/8/02 YES ON so ATTACHMENT 3 CLEAN WATER AND COASTAL PROTECTION BOND OF 2002 Endorsement Form Please support the Clean Water and Coastal Protection Bond of 2002. Date 10-15-02 Name Thomas P. Genovese Organization City of La Quinta Occupation or Title City Manager Address 78-495 Calle Tampico city La Quinta State CA Zip 92253 Phone (760) 777-7100 Fax (760) 777-7101 E-mail taenoves@la-guinta.org Please list me/our organization as a public supporter in your campaign materials. Please remit this endorsement form, via mail or facsimile, to the campaign office: Yes on Prop 50 - Californians for Clean Water and Coastal Protection 926 J Street, Suite 907 Sacramento, CA 95814 (916) 558-1518 facsimile Yes on Prop 50 — Californians for Clean Water and Coastal Protection ID #1245318 926 J Street, Suite 907 Sacramento, CA 95814 www.prop50yes.com 010 • �ry RESOLUTION NO. 2002- RESOLUTI N OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNI GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT , AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, the City Council of the City of La Quinta does hereby find, determine, order and resolve as follows: Section 1. The final map for Tract Map $E3 is conditionally approved provided the subdivider submits all required items on or before �IAr "teh �F, 2002. cxlenti�' � Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. cam. S 00 a VI A. t t. rrglilC'"" %s" P 'a�• B. Finalize the final Tract Map and obtain all nece sary signatures. ` a�� Section 4. The City Jerk all wit hold a#fixing the i y Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. The time exte for satisfying eq emen of t e on itio al approval for his final map II a ire when C' offic close f r re ar usi ess on ove TVI V' 2002. If a su ivider has satis ' d the re ire en/in in ecti 3, herein, y the a iration eadline, th inal p shall b co Sider Sapp ved. Disapp oval d s not de any righ the sub ivider m hav un r th M Act to resub it t final map f r appr 1, or disappr PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this' jth day of , 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney City of La Quinta, California no REPORT/INFORMATIONAL ITEM: September 25, 2002 La Quinta City Hall West Conference Room 11:00 A.M. City of La Quinta/Desert Sands Unified School District Ad Hoc Committee Present: Don Adolph, Council Member Stanley Sniff, Council Member (Sitting in for Terry Henderson) Gary Tomak, President, DSUSD School Board Member Doris Wilson, DSUSD Superintendent Peggy Reyes, DSUSD Facility Services Director Charlene Whitlinger, DSUSD Assistant Superintendent, Facilities Tom Genovese, City Manager Marni Francisco, Recreation Supervisor School Site at Calle Tampico and Eisenhower: The proposed Elementary School for the cove area will be approximately 12 acres. The new school will be a "community school" and will be user friendly to local organizations and residents. The architecture will be Mission Style with a tile roof and will resemble the new Indio -Elementary School building. Desert Sands is looking to break ground for the new school in the spring of 2003 and the project will be completed for opening September 2004. 2. School Site near Darby Road: Desert Sands educated the City on the need of a middle school site at the Darby School Complex. Also the need for a "Horizon School" which acts as an independent study school for children with parents that constantly travel or are professional entertainers. Desert Sands Unified also plans to develop another site for an Alternative Education High School such as Amistad in Indio. These projects will break ground in February of 2004 with completion by September 2004. Pedestrian Safety at Amelia Earhardt Elementary: Presently a meeting is scheduled to be held with DSUSD and the City of La Quinta Public Works Department to address the current street safety issues. Additionally, the La Quinta Sheriffs Department will be notified of the meeting. Don Adolph said that Council members f \\CLQADMFSI\SHARED\Community Services\School District\ADHOCSeptember 25.doc and staff are receiving numerous complaints about the unsafe crosswalk and traffic issues surrounding the school area at Amelia Earhardt. Charlene Whitlinger said that the developer (Snellenberger) did not want to spend the money to put in a sidewalk, so DSUSD graded the area flat so children could use it as a make shift walkway. However, the area is not accommodating and should be paved. Superintendent Wilson discussed the present drop off and pick up situation and the high volume of cars every day. She said the increase is due to the scares and the local abductions that have occurred over the last few months. In addition to more vehicle traffic, the traffic guards working at the schools are concerned for their safety by drivers passing by the area and not adhering to school traffic laws. Council Member Stanley Sniff asked if there was appropriate signage in all the areas at each school and Charlene Whitlinger said yes, but more signage could be used as an additional safety measure. 4. Soccer Field: Doris Wilson thanked the City for inviting them to the ground breaking event for the Community Park on September 14, she said they were looking forward to the completed park and asked what other amenities would be at the site. Tom Genovese said the Community Park would be multifaceted and would feature a tot lot, walking trail, baseball, basketball, soccer, open play areas, a future skate park and more. The park should be completed for use by October 2003. Mr. Genovese continued by mentioning that some of the youth sport user groups were having concerns with the watering at the La Quinta Sports Complex and asked DSUSD staff if they were aware of any problems. Charlene Whitlinger said yes, she knew there was a water main break out at the sports field but had someone from maintenance out there right away to fix it and there was no longer a problem. In closing Council Member, Stanley Sniff asked about the probability of a new high school going in La Quinta. Desert Sands conferred and said that the La Quinta High School is the largest school in the district with 2,300 students and that there will be a need for an additional school. The proposed school location is across Highway 10 by Sun City Palm Desert and is not set for construction until the year 2008. \\CLQADMFS1\SHARED\Community Services\School District\ADHOCSeptember 25.doc 002 CITY OF LA QUINTA AD HOC COMMITTEE DESERT SANDS UNIFIED SCHOOL DISTRICT West Conference Room La Quinta Civic Center 78-495 Calle Tampico, La Quinta, California 92253 Wednesday, September 25, 2002 11:00 a.m. Agenda 1. School Site at Calle Tampico and Eisenhower II. School Site near Darby Road III. Pedestrian Safety at Amelia Earhardt Elementary IV. Soccer Field n -f r 4W V l 003 C N E 0 (D 0 C O� M um I 133M1S NOIDNINSVM 0 0 U U) C 0 N �L 0 C E Q CD 7 m aD E 0 U ti o. O a m 004 Calle Tampico Elementary School NO. 2 New construction of 5 classroom buildings, administration, multi -purpose, library, lunch shelter, food service and related site/street improvements Estimated Project Cost: Timeline: Design Phase DSA Approval Advertise project Award project Construction phase Open School $15,000,000 January 2002 November 2002 December 2002 February 2003 March 2003 September 2004 Darby Middle School New construction of 7 classroom buildings, administration, multi -purpose, library, lunch shelter, food service, locker rooms and related site/street improvements Estimated Project Cost: Timeline: Design Phase DSA Approval Advertise project Award project Construction phase Open School $20,000,000 November 2002 May 2004 June 2004 July 2004 August 2004 September 2006 005 E- cn W z CY 4 0-1 I E a I -i 3Nd(J d3MOHN3SI3 f) f% 0 0 IE' REPORT/INFORMATIONAL ITEM: I5 INVESTMENT ADVISORY BOARD Meeting September 18, 2002 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Chairman Mahfoud, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Lewis, Olander, Mortenson and Chairman Mahfoud ABSENT: Board Members Osborne and Felice OTHERS PRESENT: John Falconer, Finance Director and Vianka Orrantia, Secretary II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) Mr. Falconer advised Board that the two handouts were informational items only. The first handout was a Memorandum from the City Attorney, Kathy Jenson, which is being distributed, to all Boards and Commissions regarding the Campaign Contributions limitations. In response ' to Chairman Mahfoud, Mr. Falconer advised the Board that the second handout was a summary of the September 12' LAIF Conference, and that Chairman Mahfoud and Board Member Olander attended the conference and may want to discuss the conference under Board Member Items. IV CONSENT CALENDAR Approval of Minutes of Meeting on July 10, 2002 for the Investment Advisory Board. MOTION - It was moved by Board Members Moulin/Lewis to approve the Minutes of July 10, 2002. Motion carried unanimously. h �l Investment Advisory Board Minutes September 18, 2002 V BUSINESS SESSION A. Transmittal of Treasury Report for June and July 2002 Mr. Falconer advised the Board that the City was over the limit in Mutual Funds in the June Report, therefore the City is required to report this exception. On page 002 of the June Report this exception was documented along with the actions that were taken to correct it and dated as to when this was completed. Mr. Falconer advised the Board of the written action which stated that as of June 30, 2002, the City was over the limit in Mutual Funds and on the first available day, which was July 3rd, Staff invested $30 million in U.S. Treasury Bills from a recently completed bond issue to correct this exception. Mr. Falconer also advised the Board that in the month of June that there was a great deal of activity, due to the purchase of the Ranch Property, money going out (which was purchased the third week of June) and also the receipt of the bond proceeds, money coming in, which left a net affect with a decrease of $9 million in the City portfolio. In response to Chairman Mahfoud, Mr. Falconer advised the Board that the effective bond rate yield was a little over 5 %. Mr. Falconer stated in retrospect that he should have directed U.S. Bank, the custodian, to invest the proceeds directly into U.S. Treasury Bills rather into money market funds. Board Member Mortenson asked the Board if there was another alternative to the current money market that the City is currently invested in, he felt that rate at 1 % was quite low. Mr. Falconer replied that the rates are even lower. Mr. Falconer also stated that there are other state approved money market funds through Wells Fargo, and the Investment Advisory Board felt that the treasury money market fund was the most prudent for the City. Board Member Mortenson commented to the Board that the management fees paid at 40 basis points for the money market funds seemed high and recommended possibly checking into a fund that pays a lower management fee and a higher rate. Mr. Falconer stated that current market funds are the ones that U.S. Bank currently carries. In response to Board Member Olander, Mr. Falconer confirmed the average weighted maturity currently is at 132 days. 2 AM " i" tj Investment Advisory Board Minutes September 18, 2002 Board Member Mortenson asked the Board if the LAIF Pool .34 of 1 % reflected on page 008, if this was an annualized rate? Mr. Falconer replied that this rate is adjusted every quarter. Mr. Falconer advised that Board that on page 012, of the July report, the maximums reflected represent the previous year's maximums and not the current year, increasing the amounts from $3 million to $5 million (except Sallie Mae) and the ability to extend from two to five years. Mr. Falconer advised the Board that Staff is not recommending investing over two years at this time. These maximums will be reflected in the August report. MOTION — It was moved by Board Members Lewis/Olander to review, received and file the Treasurer's Report for June and July 2002. Motion carried unanimously. VI CORRESONDENCE AND WRITTEN MATERIAL A. Month End Cash Report - August 2002 Mr. Falconer advised the Board that the handout included with the Month End Cash Report was for informational purposes and to review the County's current investments. General discussion ensued by the Board regarding the County's investments in GSE's. In response to Board Member Mortenson, Mr. Falconer explained the Month End Cash Report is generated due to the delay in generating the complete Treasurers Report. Noted and Filed B. Pooled Money Investment Report for June and July 2002. In response to Board Member Lewis, Mr. Falconer commented that most people stay invested in LAIF as rates decline, and leave as rates begin to pick up. LAIF is used mainly as a short-term "vehicle." Noted and Filed 3 4.41 Investment Advisory Board Minutes September 18, 2002 VII BOARD MEMBER ITEMS LAIF Conference Chairman Mahfoud advised the Board that LAIF is handled by 15 to 20 State employees. Board Member Olander advised the Board that on an average day about $800 million is invested and is done in about an hour and a half. In response to Board Member Moulin, Mr. Falconer advised the Board, that in the Orange County situation, they had a run on their pool based on their cash flow strategy, and that LAIF would have adequate funds to cover any withdrawals. Mr. Falconer also advised the Board that LAIF has a buy and hold strategy and that LAIF does not time the market or sell before maturity. In response to Chairman Mahfoud's question, Mr. Bill Sherwood of LAIF stated that in the 30 years the Chief Investment Officer has been employed at LAIF, they have never had a loss. Mr. Falconer advised the Board that included in the handouts, there is a chart that refers to their maturities in million of dollars and the number of days they will come due. LAIF has a short-term investment strategy and is not subject to market risk. Mr. Falconer also advised the Board that during one of the conference presentations, they stressed that LAIF participants benefit from the fact that they are included with the general and state funds that are required by statute to be invested with the State Treasurer. Other benefits offered in the investment of LAIF are same day liquidity and the benefit of five-year investments. Also emphasized at the presentation was that 43% of the money (which represents LAIF) is due within 90 days. Chairman Mahfoud emphasized to the Board that the State Employees are very highly conservative in managing their portfolio. Chairman Mahfoud advised the Board that the LAIF funds are trust funds and are not touchable by politicians. There are two other types of funds that are borrowed against, the surplus and the general funds. There are five different groups that audit each transaction each day. Board Member Olander suggested to the Board that the LAIF percentage would be increased for next year's policy and to give staff more flexibility with other types of investments, due to the diminishment of other products. Board Member Lewis stated that he was not comfortable that LAIF invests in time deposits with local banks and mortgage backed products. 0 Investment Advisory Board September 18, 2002 Minutes Other Handout Mr. Falconer suggested to the Board that the memo handout on FNMA and Freddie Mac be added to the December Agenda for further discussion and consideration with other investment options. VII ADJOURNMENT MOTION - It was moved by Board Members' Lewis/Moulin to adjourn the meeting at 6:30 p.m. Motion carried unanimously. ZSubfitted by Vianka Orrantia Secretary 5 4t'3 REPORT/INFORMATIONAL ITEM: CULTURAL ARTS COMMISSION MINUTES September 12, 2002 I. CALL TO ORDER A regular meeting of the Cultural Arts Commission was called to order at 7:00 p.m. in the Study Session Room of the La Quinta Civic Center. Chairperson Elsa Loudon presided over the meeting. Commissioner Reynolds led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Else Loudon Commissioner Elaine Reynolds Commissioner Dan Baxley Commissioner Sheldon Brodsky Commissioner Tom McGraw STAFF PRESENT: Dodie Horvitz, Community Services Director JoAnne Barnes, Community Services Secretary II. PUBLIC COMMENT None. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Financial Report for July & August B. Approval of Minutes of July 11, 2002 C. Monthly Department Report for May and June, 2002 It was moved by Commissioners Baxley/McGraw to approve the Consent Calendar. Unanimous. V. BUSINESS ITEMS A. Election of Vice -Chairperson Chairperson Loudon opened nominations for Vice -Chairperson. Commissioner Else Loudon nominated Commissioner Elaine Reynolds. Commissioner Tom McGraw nominated Dan Baxley. Commissioner Reynolds was elected Vice Chairperson with three votes. i �'t ,i Cultural Arts Commission Meeting September 12, 2002 Minutes Page 2. B. Annual Work Plan - Task Assignments Each task in the approved 2002-03 Cultural Arts Commission Annual Work Plan was discussed and after a review it was determined who would lead each task. The results are as follows: • Task: Placement of Public Art will be facilitated by Elaine Reynolds and Tom McGraw. • Task: Temporary Art Placement Program, facilitated by Elaine Reynolds and Tom McGraw. • Task: Develop Public Art Program Information, Elaine Reynolds and Tom McGraw. • Task: Coachella Valley Cultural Conferences, Workshops & Events will be assigned as needed and necessary. • Task: "Meet the La Quinta Artist" will be facilitated by Tom McGraw. C. Point Happy Dedication - List of Invitees After a review of the list of invitees, provided by staff, for the Point Happy Art Piece Dedication Ceremony scheduled for October 29 at 4:30 PM, the Commission directed staff to forward a copy to Rick Wilkerson at Madison Development. D. Community Park Groundbreaking The Community Park Groundbreaking is scheduled to happen on Saturday, September 14 at 10:AM and the Fire Station Groundbreaking at 11:AM. Staff advised all commissioners are invited to attend and asked for their assistance at the event. Elaine Reynolds and Else Loudon volunteered to assist at the refreshment table. E. Civic Center Campus Dedication December 7, 2002, 3:00 — 7:00 PM, is the time and date established for the dedication of the Civic Center Campus. The annual tree lighting ceremony is also scheduled for this time. The tree lighting ceremony has been identified as an event the Cultural Arts Commission would like to participate in. The budget for this event was discussed and a suggestion was made to form a sub -committee to provide a list of ideas and performers to present to City Council. It was moved by Commissioners Reynolds and McGraw to nominate Commissioners Brodsky and Baxley to establish a sub -committee to meet to bring forward ideas for the event. Unanimous. Commissioners Brodsky and Bailey agreed to present recommendations regarding the performers and events to the October 10th Cultural Arts Commission meeting. SACommunity Services\CAComm\CACMIN.09.12.02.doc n ., 002 Cultural Arts Commission Meeting September 12, 2002 Minutes Page 3. F. Riverside Arts Council Request Commissioner Reynolds recommended John Kennedy for the Service to the Arts Award. It was motioned by Reynolds/McGraw to nominate Mr. Kennedy. Unanimous. A motion was made by the Commission to direct staff to complete the written nomination. G. Artist Partnership Day Artist Partnership Day is about educating La Quinta youth on the "business" of being an artist. It was moved by Commissioners Brodsky/Reynolds to move forward with this project for this year with Commissioner Loudon as Chairperson. Unanimous. VI. CORRESPONDENCE AND WRITTEN MATERIALS A. Jefferson Street Bridge Railing Update Director Horvitz gave a verbal update of the written material contained in the Meeting Agenda of the Jefferson Street Bridge Railing Enhancement and advised of its' completion. VIII. COMMISSIONER ITEMS Commissioner Loudon gave an overview of the Coachella Valley Alliance Dinner Dance to be held at The Lodge in December. Commissioner Loudon discussed the Alliance's February 22, 2003 event, in which 35 artists have been invited to attend. The event will be held at the River in Rancho Mirage. Commissioner Reynolds suggested the Alliance take over the symposium event that has been hosted by the City for the past few years. Commissioner Loudon asked staff for an update on the ownership of the art pieces in the Sculpture Garden. Staff responded the pieces had all been removed by unknown parties, therefore ownership was no loner an issue. Commissioner Loudon suggested the La Quinta Court Fountain Art Piece, located in front of L.G.'s Steak House, should have better night lighting. Staff advised that work on the landscaping was not yet complete. Commissioner Baxley suggested to the Commission that the scheduling of major musical events was something believed to be important both by the Cultural Arts Commission and City Council. He stated his belief that it is important to keep this in focus and the Commission should begin planning now for an event to be held in the Spring. A motion was made by Commissioner Baxley to place this spring event, and) SACommunity Services\CAComm\CACMIN.09.12.02.doc 003 Cultural Arts Commission Meeting Minutes September 12, 2002 Paue 4. the December 7th Civic Center Dedication event, on the October 10th agenda. Unanimous. IX. ADJOURNMENT It was moved by Commissioners Brodsky/Reynolds to adjourn the Cultural Arts Commission meeting. Unanimous. Meeting adjourned at 8:55 PM. NEXT MEETING INFORMATION 10 October 2002 7:00 PM La Quinta Civic Center Study Session Room Agenda items for next meeting: • Civic Center Campus Dedication - Event Planning • Cultural Arts Commission Spring Event • De Martino Art Piece Modification Agreement • Bruce Thomas art work Sub itted by: JoAnne Barne Community Services Secretary SACommunity Services\CAComm\CACMIN.09.12.02.doc DEPARTMENT REPORT: i - A T4iyl 4 4a MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager n� DATE: October 15, 2002 SUBJECT: Department Report - Response to Public Comments The following public comments were made at the October 1, 2002, City Council meeting: 1. Mr. Robert Tyler, 44-215 Villeta Drive, commented on the proliferation of political signs and asked if we couldn't limit signs of candidates for whom citizens of La Quinta are not allowed to vote. He also wanted to know whether there is some time limit on how long the signs can be left up after an election. • Council Member Henderson stated the City is not allowed to deny signs of candidates from other cities, and added there are currently provisions in the Municipal Code that address sign regulations and length of time they can remain posted. The Community Development Director will contact Mr. Tyler regarding his concerns. 2. Mr. Jack Duke, 58-007 Monroe Street, questioned why he wasn't notified that his property had been annexed into La Quinta. He received a "stop work" order from Code Enforcement until he gets a building permit from the City. Staff sent a letter to Mr. Duke regarding the annexation (Attachment 1). P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 10, 2000 Mr. Jack Duke 58-007 Monroe Street La Quinta, CA 92253 Dear Mr. Duke: - ATTACHMENT 1 (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The Annexation of your property, along with your adjoining neighbors, was finalized on August 13, 2002. Pursuant to your comment at the Council meeting of October 1 st, a letter notifying the property owners within the annexation area is being drafted and will be sent this month. A listing of the different City Departments with their phone numbers has been included for your information. Should you have questions regarding processing of any permits, please do not hesitate to contact the appropriate Department. Sincerely ,...,.,.......,�, �.,..,.�ament Director n DEPARTMENT REPORT: 3 "A CITY COUNCIL'S UPCOMING EVENTS OCTOBER 14 SPECIAL RDA MEETING - THE RANCH PLANNING FIRM INTERVIEWS OCTOBER 15 CITY COUNCIL MEETING OCTOBER 21 VOTER REGISTRATION DEADLINE NOVEMBER 5 CITY COUNCIL MEETING NOVEMBER 5 ELECTION DAY NOVEMBER 19 CITY COUNCIL MEETING DECEMBER 3 CITY COUNCIL MEETING DECEMBER 7 CIVIC CENTER CAMPUS DEDICATION AND ANNUAL TREE -LIGHTING CEREMONY DECEMBER 11 HOLIDAY OPEN HOUSE DECEMBER 14 EMPLOYEE RECOGNITION DINNER DECEMBER 17 CITY COUNCIL MEETING JANUARY 7 CITY COUNCIL MEETING JANUARY 21 CITY COUNCIL MEETING October 2002 La Quinta City Council Monthly Planner 1 2 3 4 5 2:00 PM City 10:00 AM ALRC eptem er Council Meeting S M T W T F S 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 12:00 PM Transp. 7:00 PM C.V. 9:00 AM RCTC- 7:00 PM Cultural -Perkins Mosquito Abate. Pena Arts Commission -Perkins 5:30 PM Invest- 7:00 PM Planning ment Advisory Commission Board 13 14 15 16 17 18 19 1:00 PM Special 9:00 AM CVB- 5:30 PM Invest- 3:00 PM Historic RDA Meeting Henderson ment Advisory Preservation 6:00 PM League 2:00 PM City Board Commission of Cities-Riv.Div. Council Meeting 7:00 PM Commu- nity Services Commission 20 21 22 23 24 25 26 10:00 AM Public 7:00 PM Planning 12:00 PM CVAG 9:00 AM LAFCO- Safety-Perkins Commission Human/Comm- Henderson Adolph 4:00 PM DRRA Airp-Henderson 27 28 29 30 31 p 6:00 PM CVAG- Exec Com-Pena ovember M T W T F S Jr24 1 Daylight Savings Halloween 4 5 6 7 8 9 Time Ends 11 12 13 14 15 16 18 19 20 21 22 23 25 26 2728 29 30 Printed by Calendar Creator Plus on 10/8/2002 $- ") L November 2002 La Quinta City Council Monthly Planner MondaySunday -.Saturday 1 2 cto er ecem er S M T W T F S S M T W T F S 1 3 4 5 1 2 4 5 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 2:00 PM City 10:00 AM ALRC 12:00 PM Mayors Council Meeting Lunch Election Day 10 11 12 13 14 15 16 6:00 PM League 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ of Cities-Riv.Div. Mosquito Abate. Pena Envi-Sniff IL -Perkins 7:00 PM Planning 5:30 PM Invest- ment Advisory 7:00 PM Cultural Arts Commission Commission Board Veteran's Day (City Hall CLOSED) 17 18 19 20 21 22 23 9:00 AM CVB- 5:30 PM Invest- 3:00 PM Historic Henderson ment Advisory Preservation 2:00 PM City Board Commission Council Meeting 24 25 26 27 28 29 30 6:00 PM CVAG- Exec Com-Pena 7:00 PM Planning Commission 12:00 PM CVAG Human/Comm- Adolph 4:00 PM DRRA Airp-Henderson Thanksgiving Thanksgiving Day (City Hall Holiday (City Hall Closed) CLOSED) Printed by Calendar Creator Plus on 10/8/2002 n " �) J. ) a. December 2002 La Quinta City Council Monthly Planner 1 2 3 4 5 6 7 2:00 PM City 10:00 AM ALRC 3:00 PM - 7:00 Council Meeting PM Civic Center Campus Dedication 8 9 10 11 12 13 14 10:00 AM Public 7:00 PM C.V. 9:00 AM RCTC- 12:00 PM Energy/ 6:00 PM Employ - Safety -Perkins Mosquito Abate. Pena Envi-Sniff ee Recognition 12:00 PM Transp. -Perkins 11:30 AM - 3:30 7:00 PM Cultural Dinner -Perkins 7:00 PM Planning PM Holiday Arts Commission 6:00 PM League Commission Open House of Cities-Riv.Div. 5:30 PM Invest- 7:00 PM Commu- ment Advisory nity Services Board Commission 15 16 17 18 19 20 21 9:00 AM CVB- 5:30 PM Invest- 3:00 PM Historic Henderson ment Advisory Preservation 2:00 PM City Board Commission Council Meeting 22 23 24 25 26 27 28 ,P ® 9:00 AM Hendersonon 1 st Day of Winter Christmas Eve Christmas Day (CITY HALL (CITY HALL OPEN) CLOSED) 29 30 31 6:00 PM CVAG- Exec Com-Pena November anuary 03 �' S M T W T F S S M T W T F S 1 2 1 2 3 4 New Years Eve 3 4 5 6 7 8 9 5 6 7 8 9 10 11 (CITY HALL 10 11 12 13 14 15 16 12 13 14 15 16 17 18 OPEN) 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 Creator Plus on 10/8/2002 Printed by Calendar 0 ., i II ► i 1 9 i � T � �IGGI��iV U OF ��V TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety -T DATE: October 15, 2002 RE: Monthly Department Report - September 2002 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and business licenses for the month of September. The reports depict the following highlights: • Year to date building permit valuation is $124,377,204.90 which represents an issuance of 2,365 building permits through September; • 1,869 animal control cases have been handled through September; • 2,579 code compliance cases have been initiated through September; • 7 new licenses were issued to La Quinta based businesses in September; • $1,370.00 - garage sale permit income in September; • $440.00 - Senior Center income in September: New Life Community Church $ 440.00 n- 6- %'J CMD S C� S O O S O S O O S O N O q W CV O V' O © C O O O O O O O (V O U M 69 CO 64 69 69 69 69 69 69 69 69 690 w M g N 00 to v m p O N S O O S S S S S S S S S S S v o cfl o 0 0 0 0 0 0 0 0 CC o 0 CC a fA S 69 K 69 69 69 69 69 69 69 69 69 S 69 fA CD Z 0 t` 69 69 ^ Lr IA p I I I IQ Cl) O !- M U) O U) N p C() (O CO U) N O N U) N M U) co P- �- U") O co N N U) CO O m � 69 00 r- W C,) r- C" CO CO N IT O M N r- — M N O r- N O f- m 00 pl f� 0 to 00 M U) U) GFO N M 610 M R M - O IT M M T r 0 f? H 69 �C N K � N� 69 400� W69 69 69 N W W LL S N v S S S rn v S S o 17 co (D N a roi ro) (Y 2 N 0 O 69 CV M m O 69 0 CO O 69 N 1- f� M S. S CD N f- v V' f- M S O r m tD v m W a F M V' CO C+) 69 N 69 CO 69 U) N 69 O t` m 69 0 (D 6M9 6�9 N 69 va is W)) 69 69 69 69 � S p p S Cp S 8 0 S p S p S l! CCO O O 00 COO O t00 M O U) O IT w m N p p� w U7 m N co N N co w CO 69 M N C� O w CO r- h M N O O O h U) V m If) w i� 00 CO M U) O W U G O M n F- M C') M U1 fV co f� M h �p fV w CM 0 M M f� CO V' v r M f- f- CCpp O co y O U) .- 69 N W M 69 M 69 N I,- 60 U) V 69 69 .- 69 N n Q O M — 6% CR 69 fA CO NN to 64 N O ~ W F- O p O U) O O O p U) O O O O O O O o 0 m Q M O n CO V' O V' O V' O O M 00 CO CO J 00 0 � N U7 co U) Cn co O Lo Q 8 V7 � O M N N V O W W Q w M 69 N V' m 00 m M M N m M O U) 0 () p O O N Cf) M N � 00 Cfl V' 00 N cl n U' W Z N co CO CO CA O M 0 CO N O 0 M f, N 69 V N m N V' .- vCA 00 M CA N f- co P. y U) m CO I- M f- v U) V' O N N M O N V• , 69 v) CA 69 M 69 i; (O _ tfi J U mm 69 u) 69 EH 69 :9 iN cm I w N S p S p p S p p S N Z m O NCO U) 0Cli O O v) O O LO O O 69 M w Cl) t-cc� O O us V• O pppp U? CO S �- a N 0= O N V' N O 0 U Z U) M CO M N DO Cam) U) m Cl) O CO It 0 U) v M U) (N M 69 Cfl U) M N 69 CO 69 64 Iq p- N 69 U) CH 00 69 O Q M 69 to 69 69 Cp" I i 69 O O U) 00 O O Oa0 C m O U) N O in C co V O t0 mcn N I J CO V' V' M V' w f` rl MV' V' m N U) CCD CO') Q N W Z U' LLJ W J Z yW J V' J w W U Q IVO N Lij M 0 V' O 0 V' M O N O CA N N M = CD U) U) D O N y :F I' Z 0 M Q W w p N J J 2 x } J Q Z O J O U Q J W Q Q Q C7 Q Z Q' O Q U Q ►_ Q U Z W a LLO LL Q fY Q Z V Q m ui LL W' J LL m M W O U, O J LU O U = O O Q O Q d Z D lo O O O J W 10- J ICL O W N Q Q Z O W w O cn m U W 0 2 a c9 in U x n ,- 0A2 ANIMAL CONTROL REPORT FOR: Sept 2002 Steve Alexander, Jackie Misuraca and Moises Rodarte ANIMAL PICKUPS YEAR TO YEAR TO INCIDENTS YEAR TO YEAR TO DATE 02 DATE 01 HANDLED DATE 02 DATE 01 Does Alive 26 261 300 Bite Reports 4 35 24 Dead 7 48 49 Animal Trap OTI 2 12 25 Set Ups 4 47 66 CAU Alive 17 167 162 Dead 4 59 50 OTI 0 8 3 Other Animals Alive 7 97 84 Dead----!— 64 64 TOTAL ANIMALS Cruelty to Animals 1 3 9 Vicious Animal Restraining 0 2 0 Special Hour Patrols 6 Alive 50 525 546 Zoning Dead 15 171 163 Violations 0 OTI 2 20 28 Lost & Found 37 TOTAL ANIMALS REMOVED Animal Rescue 2 67 716 737 Outside Agency 0 City Reclaims 13 Other 15 TOTALS 82 VIOLATIONS: No Owner Warnings Citations Dogs at Large 17 0 5 Noise Disturbance 2 0 0 Defecation removal 0 0 0 License Violation 0 0 17 Other 0 0 0 Monthly Total 19 0 22 YEAR TO DATE 142 11 293 37 81 6 14 310 289 15 9 2 0 92 83 158 129 707 704 TOTAL MONTHLY INCIDENTS HANDLED: SEPT 02- 190 / SEPT 01- 146 YEAR TO DATE INCIDENTS HANDLED: SEPT 02 - 1,869 / SEPT 01 -2,203 003 CODE COMPLIANCE REPORT FOR: Sept. 2002 Sent 02 YEAR TO DATE 02 YEAR TO DATE 01 ABATEMENTS: Nuisance Abatements Started 170 1,647 1, 005 Weed Abatements Started 13 153 112 Vehicle Abatements Started 118 738 920 Dwelling Abatements Started 4 32 5 Animal Control Started 5 9 0 TOTAL STARTED 310 2,579 2,042 TOTAL COMPLETED 196 2,170 1,768 Case Follow -Ups 485 3,106 2,911 Home Occupation Inspections 8 85 76 Business License Inspections 0 0 13 Garage sale permits Issued 137 1,138 1,113 ra •- 7 C04 N N N N N N N O Q O O O O O +y+ N C N N N N N N •p0�-OMMON I t7) O) O) O) 0) 0) 0) MOOOOOOO w > g > � a w w U) CO z w z M ?O W Q a W U UF-F- H Z F=ZQaOU 0 Z 0 )o-i y 2 Z U) W Z W LU wQ 13I-iWQQQJW �UW-c)?.mU(9 C. i i i ' N M M A M M A LO U) Ln LO Ln M Ln IN N N N N 0 N 0 0 0 0 0 0 0) d LO lA laaaQQQQ �UUUUUUU aQaQaQQ I- F- H F- 1- 1- ' H Z Z Z Z Z Z Z �»»» > mvaaaaaa �'ggggggg O O U O w 0 coO w�0� aazaQaz DMZ-3:w0 Z Z Z = J Cl) L_> jO j�Qa �QQQ2U> VLn0rl-0 0LO0 �NOr-�OOM I N � LO N OMO r- 0~0 C Ln Il_ LO I- I� I- U inY Z Cl) Y_ >C7UQU� 00 uwiF-0LUZ yN C�D�UNO �� ai Q—Z� wE H —wwr � — Z Com Cl)N U LU Co n 0~SOU 0)= y W ULU o.0-j Um2zQ�mww�-ia 005 I ti 00 00 00 0o av co WWWWWWW 0000000 DEPARTMENT REPORT:4 tO � 5 5 OF 9w TO: HONORABLE MAYOR AND MEMBERS OF THE CITY CO NCIL FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECTO DATE: OCTOBER 15, 2002 SUBJECT: TRANSMITTAL COMMUNITY SERVICES DEPARTMENT REPORT FOR THE MONTH OF SEPTEMBER 2002 UPCOMING EVENTS OF THE COMMUNITY SERVICES DEPARTMENT FOR THE MONTH OF NOVEMBER 2002: Nov 1 *IID Electric Bill Assistance Nov 2 Stargazing, La Quinta Cove Oasis Nov 3 Carlsbad Village Faire Excursion Nov 4 *Monthly Putting Contest Nov 4 *Microsoft Excel Computer Class Nov 4 *Beginning Rug Hooking Nov 4 *Windows 98/2000/XP Computer Course Nov 5 Italian for Travelers, Senior Center Nov 5 Big Picture Painting Class, Senior Center Nov 5 *AARP Driver Safety Program Nov 5 *Knitting Class Nov 6 *Bridge Lessons Nov 7 Conversational Russian Nov 7 Rug Hooking, Senior Center Nov 7 *Asset Planning Seminar Nov 9 Shopping Excursion to Algodones, Mexico Nov 9 *Arts & Crafts Fair Nov 11 Beginning Computers, Senior Center Nov 12 *Dog Training Class Nov 13 *New Sketching/Drawing Class Nov 14 *Complimentary Ballroom Dance Class Nov 14 *Cooking Class Nov 14 Adobe Photoshop Elements Nov 14 Eat Your Medicine, Gourmet Cooking Class, La Quinta High School Nov 15 *Free Hi -CAP Counseling Nov 18 *Stained Glass Class for Beginners Nov 19 *Free Hearing Consultations Nov 20 *Dental Implants Seminar Nov 21 *Thanksgiving Luncheon Nov 26 *CPR Class Nov 26 Taekwondo Classes, La Quinta High School Nov 26 Hatha Yoga Classes, Senior Center Nov 27 Vinyasa Flow Yoga Classes, Senior Center Nov 27 A Holiday Baking Extravaganza, La Quinta High School *Daytime Senior Center class or activity T4'tt 4 4Q" Community Services Department Attendance Report for the Month of September 2002 Summary Sheet Program 2002 2001 Variance Sessions Per Month 2002 2001 Leisure Classes 65 19 46 22 8 Special Events 238 52 186 4 1 Adult Sports 396 150 246 21 8 Senior Center 919 738 181 58 37 Total 1618 959 659 105 54 Senior Services Senior Center 527 538 -11 15 9 Total 527 538 -11 15 9 Sports Complex Use AYSO 1,650 1450 200 15 20 LQ & PD Football 200 200 0 12 12 Total 1,850 1650 200 27 32 Total Programs 3,995 3,147 848 1471 95 Volunteer Hours Senior Center 4301 557 -127 Total Volunteer Hours 4301 557 -127 Monthly Revenue Senior Center $ 7,464.50 $ 5,273.00 $ 2,191.50 Community Services $ 11,189.00 $ 10,527.00 $ 662.00 Total Revenue $ 18,653.50 $ 15,800.00 $ 2,853.50 Revenue Year to Date Senior Center $ 9,695.00 $ 9,119.00 $ 576.00 Community Services $ 21,237.00 $ 15,060.00 $ 6,177.00 Total Revenue to Date $ 30,932.00 $ 24,179.00 $ 6,753.00 girl U Gel Community Services Program Report for September 2002 2002 2001 2002 2001 Participants Participants Variance Meetings Meetings Leisure Classes Intermediate Computers 3 7 -4 2 2 Beginning Computers 3 9 -6 3 2 Adobe Photoshop Elements 4 01 4 2 0 Digital Photography 8 0 8 2 0 Classic/Latin Ballroom Dance 8 0 8 3 0 Tae Kwon Do 6 3 3 4 4 Conversational Russian 3 0 3 2 0 Hatha Yoga 30 0 30 41 0 Totals 65 19 46 22 1 8 20n2 2001 2002 2001 Participants Participants Variance Meetings Meetings Special Events Summer Golf Tour Banquet 60 52 8 1 1 Ground Breaking Ceremonies 150 0 150 2 0 An les Baseball Excursion 1 28 0 28 1 0 Totals 2381 521 1861 41 1 2002 2001 1 2002 2001 Participants Participants Variance Meetings Meetings Adult Sports Open Gym Basketball 256 70 186 17 7 Adult Soccer League 140 80 60 4 1 Totals 1 3961 150 246 21 8 Recreation Totals 6991 221 —478F 47 17 Page 2 Senior Center Attendance Participation Participation Variance Meetings Meetings 2002 2001 2002 2001 Senior Activities ACBL Bride 110 114 -4 4 4 Bridge, Duplicate/Social 315 247 68 14 10 Knifting Guild 14 0 14 1 0 Monthly Birthday Party 33 34 -1 1 1 Monthly Luncheon 106 94 12 1 1 Movie Time 72 69 3 8 4 Pufting Contest 7 6 1 1 1 Senior Activity Total 657 564 93 30 21 Senior Leisure Classes Arts and Crafts 17 0 17 2 0 Ballroom Dance 32 6 26 4 4 Ceramics 13 10 3 4 4 Computer 34 5 29 6 1 Computer Tutor 7 2 5 7 2 CPR Class 10 5 5 1 1 Exercise 41 45 -4 12 11 Golden Tones 35 17 18 3 2 Painting 11 14 -3 3 3 Quilting 29 32 -3 4 3 Rug Hooking 2 7 -5 2 3 Tai Chi 13 31 -18 3 3 Yoga 18 0 18 7 0 Senior Leisure Classes Total 262 174 88 58 37 TOTAL SENIOR PROGRAMS 919 738 181 88 58 Senior Services A.A.R.P. "55 Alive" 42 54 -12 2 2 Bono's Mobile Office 4 0 4 1 0 FIND Food Distribution 313 377 -64 4 4 HEAP Utility Program 58 0 58 2 0 Hearing Consultation 1 3 -2 1 1 Homeowners/Renters Assistance 8 0 8 2 0 I.I.D. Energy Assistance 38 36 2 n/a n/a I.I.D. Energy Assistance/No fee 4 10 -6 n/a n/a Legal Consultation 4 16 -12 1 2 Medicare/Hi Cap Consultation 12 5 7 2 n/a Volunteers 43 37 6 n/a n/a TOTAL SENIOR SERVICES 527 538 -11 15 9 SENIOR CENTER TOTAL 1446 1276 170 1031 67 DEPARTMENT REPORT: ?S � T ono • 4 w� OF T19 TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: October 4, 2002 RE: Public Works/Engineering Department Report for the Month of September, 2002 Attached please find the following: 1. Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. imothy R. asson Public Works Directo City Engineer T:\PWDEPT\COUNCIL\2002\021015Department Reportmpd r sw 00,12 2 D J w ID c m CL o, Z ` U H E 7 7 F- 0 co �j L L E S 6 -o C ,e +; O 41 rn C� ca O '�v (n 0) ccC J 3 3 O m O y C ca c ca C s C ,� N OZp_ 4 O N U06 =� C N V m N Cl) 'VO Lo m W N 0 m C d m l0 C+O+ Y LO m m 0C� l0 c a+L- +.' C C ++ C W N U C m O 03%. Y> a •- C O y N N a)N N C O O O C 3 Q v O O E O O C E 0 0 L± tiU to Vj rn10 C Q c0 c.o ;= a a�U C a�F- 0) O C 0 C Q .. W't N- m 0Ca) CL 0)�+ C i O W C E O O .0 LJJ W 0a m O _j t � 0 CU) ca V V U m rn+ a�i cm°m tm � -- cCc a*' � tm m•. .� V1 C O O> �.•� 7 O O -p m C N O O 'L O` y 0 c C •� 0 0 aL)Lu C)UUHd ODUHa Z O H C N O NO 0 N O N O o o oc H O O` O O` Z H 0 O Z -O r O O O O O O O co N 0 m co y W t c0 m C 4 O a) 0) NLO N r- O O "tLU c0 ^� rn M cfl O N cM N N c0 N -O iN-, � yr •as vs cd U a o v� E O c0 CL U +N-O m� °oNm Orn 0 +; �^ ao Q0 U-0co O cc rn c N o ZCF)c a0i a �oa0i > > > 4)aci > ' �00 ca +J ' rya ca 0) o U Ea Ua.. aa`a` aka U- 0 w Q a O W' 4 - N O O Nm O O M _ d •LaC 00 00 c V o co4 00 CD`> y O d d O CO O _ W Cc+, ++ ` p ^ C O C E to y C C U v W 'o C m C W O a M N C 5 v) Np 0 41in U U� O Q ^ °� N- U +`+ c O d W E c (D c 0 O co �? O ^ � Co V .* p` C /> pa CO OC Q U) mco V m m p , p w vy N E j Imco N Zj �Oc O'a . LO aN 'a NV> > -� . •U � E � CM > •�- a;cc,`30a) y m O O -V m m CL f O C O ELU C U OZo o N Lu U cm G d C N` cn N y o > C O+UO W W EU =oc O O O HE ++ L C6 a O NNi �� A m O 0u m a) m oy cn > NO > G o >md e C c OO N f+ + o aO 'mCU C O a) WO U- 4,0mU mom o m3 in o c - UOE a- n c a. y -aaU �V•~`> cm O m U + CJc m c ;� 41 .2) C� a o c cU a o o T a 0 srm ao" c noc 0 u o� c .-Q C oucn aa, aUm z 0 .0 N N O N N O M O co O M p d p (M V C LO N V- n ^ LO O V- N 1 N O 1 N N N N N M 1 0 z N O� Lc) � O� LO C7 00 LO LO � O V N O O O O O O O � M N O 1 N N N V- n O Q N y W O n a) rn a) .- 0) O Z O O y O O ^ o Cl) 1� <") O N n O M O O M W ur 00 Q) LO Ln N r a) LO N r O Q M e- I- CO r- (p N 1 O a) o)U C°- C Od o Y O OQ+' yN m6 4) wm LC) E LLo >y a + � m CW Lo aL�p > N c�� c co v c C) c Co M c & - p -ji LC oN Q a) 0 Zcc 0 a E oa +-' i m U E U E U y_ o m > � •-' W+ W • C E C y 7 �EL LO i `- a WM Ud U_a Oc 3 r m W N N Q +� m y (aCY)a N O O 0< 04- �� Lo6 LacU) O U a CV) co :- o n y c � 'D : o O O Cp4' C �yJ N pW N 0) Cp i N X M O ti O U W W QN co CCmo 4) r ) 4, E ° O E oC •O � m•� �oo � Uo ccOyma 41 C %00 0 Q of E C; j J V% V O ('` v +y+ N C 0 "' 0 O O U NJ 0 +' N�� r C U a�Y-°)o y c0 p o `o M dS CD � C c o °J p � a LOB c•c C O V O y C.NO = m O y �� C p Lu 3 +, �a o y U Qt0 C > m �"N O - C. ,m mN c V 00 c0 a y- cc W U '� C c -+: 1O W C) ' 0 a) 0 CD C O 0 ' y y > a) c0 ^ �- >o�Na cti W * 3 O U O > y co C y�co c O ` C O �N Y a Um a N y csMi>a 0 C O a) cd c a LL � O �- — Z a) C N aJ LL �} a y 0` V O m- E O` d ca N +y+ cm 00 O O. ` a3 >O co O O 0 O y C c0 ++ •` O c0 a C) 41 'C 0 c0 C m c0 V 'C O '++ c � � v C c0 0 C � O a C C � C 0 � N � >, a) U' c0 y O 0 `- c0 C It 01 , cm L O 4 C O Z > c`c i > (C0 0 a) O 4) a) O m O F- a) N O y a) 0 O O E a) O UaQa UJQ a 0 L) DUa) DUZ 0-aU � 00 DU co DU.c O a a) N Lo N O C M O\ N C V E (w M E w, N M E 'a N N 'Op H Z cam/) m � M 00 coo V � � � O N CV)O N N O N 0 O a Z C7 C N .0 d .c O N O N O M 0 O N c LLJ t 4'0 d �O `y •— N O V O O N O 0� (a a a 4)O a 00 O 0 N a 0 CD O 0 a) I r O 0 ao rn O d, cM 00 O N •- LU ccoo O 0 V- O O^ Q M M LO 00 cn M co N m v> > y y ++ c0 c a C C > ` C� C o O -, O O O > E E C ~ a a m a) e' N p Q O O -LU V y o 0 4- > 0 0 c c .0 >, c co L- ci a O Li �o O N O -� a O a) m 4- yL a a p) a s E a) O J� �- >• E a d d E u c°� _ >a i 3-°a o y ai y a) a) -C m a) y a) > 4- C `� Q> '�' O Y C V ` L a U U CoN a a. a - a`1 a U) m +`+ .` co 0 O a � � N W F- Ln dS � O > a � O E 2 U- n�n LL 0 w 0 a M o� :,to O � � N (a N O i- a) . O O -p c p N V cM a -p N N O N O +N+ N C (D a.N 0) vi V � co N �. � C m U c E o Q � O Q ++ +' M o. as oU N QLU O v O C) 50L 00 O O C V N cc�� rna) L CO j— U (n v C a� Vco a V m > Nm •y J~ p Y ) U W~ N~ O m N a � O .6 C1 - C c O n. C O O V 0) N m N *' V Q. V C C N C a) '6 N — N C N C 0U 0 U)n< a) 3 0U 0U C c c F- � c c C� C aE`� (D (D a� a`) i H t a a a a Z y O O O O V -O M O N O N O 0 .� O E W t' Lu N 0 N N 1 O O W O a 0 cc IL T- O LC) LC) O O rn ui V N d Ln Ln 00 M (h fM I- CY) m O N N <n v, v} v> v> O N Q 9 o ° a ; c U ui W i' N 41 y a) O o C= i O N E t E U -o a J as a) J m = N `0 a V C > o o > a� Q O 3 N 2 4 �Q �CL N N a �L 4 MONTHLY SUMMARY OF PUBLIC WORKS TASKS Employee's Hourly Labor Breakdown Month: Sept. 1 Thru Sept. 29, 2002 Crew #1 Crew #2 Crew #3 Maint.Mg. Labor Code Activity 4 Men 4 Man 1Men 1 Man TOTAL 1000 Policing/Inspection 69 21 20 29 139 1001 Pot hole - Repairs/Patching 0 38 0 2 40 1006 Other Traffic Control 20 2 0 0 22 1008 Other Concrete Repairs/Construction 2 0 0 0 2 1009 Street Sign — Install (New) 0 0 0 0 0 1010 Street Signs — Repair/Maint. 39 5 0 0 44 1011 Debris Removal 28 56 0 0 84 1012 Right of Way Maintenance 57 30 0 0 87 1021 Clean Catch Basin Inlets/Outlets 4 45 0 0 49 1022 Rondo Channel Outlet/Vault Repair/Maint. 0 0 0 0 0 1023 Retention Basins Repair/Maintenance 0 , 26 0 0 26 1024 Gutter/Median Sand Removal 0 2 0 0 2 1025 Street Sweeping (Machine) 128 0 0 0 128 1026 Street Sweeping (Manually) 3 0 0 0 3 1027 Sidewalk/Bike Path Cleaning 0 0 4 0 4 1029 Flood Control 0 10 0 0 10 1031 Parks & Retention Basins Insp./Clean-up 0 9 0 0 9 1041 Mowing, Weeding, Shrubs/Tree Trimming 29 0 0 0 29 1051 Landscape/Irrigation Contract Management 0 11 57 36 104 1052 Lighting/Electrical Contract Management 1 11.5 14 36 62.5 1061 Small Tools Repair/Maint. 2 23 0 0 25 1062 Equipment Repair/Maint. 0 58 0 0 58 1063 Vehicle Repair /Maint. 18 34.5 0 0 52.5 1081 Trash/Litter/Recyclable Removal 1082 Vandalism Repairs 1083 Graffiti Removal 1084 Maint. Yard/Building Repair/Maint. 1085 Seminars/Training 1086 Special Events 1087 Emergency/Citizen Complaints/Requests 1088 Meetings 1089 Office (Phones calls, paperwork, reports & Misc) SUBTOTAL 1091 Over Time 1094 Jury Duty (Steve) 1095 Sick Leave 1096 Vacation 1097 Holiday 1098 STD (Short Term Disability) (George) 1099 Bereavement Leave ( ) SUBTOLAL 10 53 4 0 67 0 17 27 2 46 27 11 15 1 54 10 46 0 0 56 0 0 0 0 0 2 0 0 0 2 82 8 0 17 107 6 0 0 10 16 18 63 12 17 110 555 550 152 150 1,437 20 12 0 0 32 0 0 0 0 0 16 4 0 0 20 37 16 0 2 55 32 32 8 8 80 0 0 0 0 0 0 16 0 0 16 105 80 8 10 203 TOTAL HOURS 660 660 160 160 1,640 TOTAL MILES 2„441 2,271 672 446 5,830 n r1 6..l1 DEPARTMENT REPORT: 7 CITY OF LA Q UINTA POLICE DEPARTMENT MONTHL Y REPORT SEPTEMBER 2002 • Burglaries continue to show a decline • Second Motor Officer completed training • SET closes 17 burglaries/ Recovers $120,000.00 of stolen property La Quinta Police Department Special Enforcement Team Monthly Report September 2002 The following is a summary of the Special Enforcement Team activities for the month of September. Ongoing Investigations 3 Probation Searches 4 Parole Searches 2 Arrests/ Filings 20 Vehicle checks 12 Business Contacts 6 Investigation assists 6 Arrest Warrants Served 0 Arrest Warrants Attempted 0 Programs 2 Pedestrian Checks 34 Crime Prevention Hours 70 Bar Checks 0 Back-ups 10 Follow-ups Meetings 13 4 Search Warrants Recovered Stolen Property 1 8 ($120,000.00+) Citations issued 0 Surveillance's 1 Property Checks 12 Civil Commitments 0 Bicycle Time 0 Training Hours 10 Illegal Drugs Seized 0 Total Mileage: 800 miles Noteworthy Accomplishments: La Quinta SET served a search warrant reference a residential burglary. No property was recovered however enough information was obtained to file with the District Attorney's Office for charges of Burglary. La Quinta SET received training on surveillance operations conducted in vehicles. La Quinta SET conducted an investigation leading to the closure of 17 cases of residential burglary, automobile theft, vehicle burglary and thefts from vehicles. The investigation led to the recovery of a Honda Odyssey van, a Lexus SUV, a Saturn and a Rolls Royce. Two persons were arrested and one more is facing charges that are being filed out of custody. Approximate value of recovered stolen property is $120,000.00. La Quinta SET arrested an individual for a theft of a firearm that had occurred in La Quinta. The investigation led to the recovery of the firearm. 2 7 Riverside County Sheriff's Department EXPLORER POST 503 PROGRAM REPORT SEPTEMBER 2002 Training meetings were held on September 3, 10, and 24. The meetings covered expectations, fund raising, physical training, marching practice, inspections, hostage negotiation lecture, and traffic accident investigations. Deputy Black did the hostage negotiation talk. Deputy David Smith taught about traffic accident investigations. Deputies Hernandez, Hughes, Anguiano, and Covington conducted the inspections. Community Service Officer Martinez and I handled the other training topics. Numerous Explorer Post 503 Explorers did a great job during the following September volunteer events: Youth Camp 10 in Forest Falls, Del Webb's Sun City tribute to law enforcement, and the Coachella Fiesta. I4P LA QUINTA POLICE MOTORCYCLE ACTIVITY REPORT PROGRAM STATISTICS SEPTEMBER 2002 peed Violations 66 Lane Change Violation ail to Yield © Seat Belt Violations uming Violations DUI Arrests ,top Sign Violations Cut Traffic for Citation Prepared By: Deputy Dave Adams Tows © Injury T/C Non -Injury T/C 38 Suspended DL Light Violations ® Cut Traffic for Collision Non -Moving Seat Violations 0 Warnings 1 12 1 Fatal T/C L.0 HIGHLIGHTS **Note** During the last two weeks of this month, I was assigned to train Deputy Alvarado on Motorcycle enforcement and familiarization with his equipment. During this time, traffic enforcement was conducted but limited due to training. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT September 2002* SCHOOL: LA QUINTA MIDDLE SCHOOL Deputy: Robert Brooker RSO Grant Funded Position School Session: September 3 d through September 30"', 2002. HIGHLIGHTS: • I assisted the school staff with several incidents of, inappropriate behavior on school grounds. One incident being rumors of a student defecating in front of the school. The rumored student was identified and counseled with no further incident. • Counseled students that violated school rules, but were not violations of state law. • I assisted the school staff with two incidents of heat related medical aids. Students participating in PE overcome by the heat. • I assisted patrol deputies on two occasions. One, searching for a missing 4- year old child subsequently found near the residence, and apprehending two stolen vehicle suspect who had fled on foot. • Also I handled a child custody dispute at Truman Elementary. CITY of LA QUINTA MONTHLY SCHOOL RESOURCE OFFICER REPORT September 2002* SCHOOL: LA QUINTA HIGH SCHOOL Deputy Stephen Morton HIGHLIGHTS: • The new school year began relatively quiet due partially to the proactive enforcement from school security and school administration. • I conducted several business and truancy checks. Two juveniles were arrested and cited for a truancy violation. • One student was arrested for a battery on another student. • An adult was arrested for trespassing, challenging someone to fight, and battery on school grounds. The adult was booked into the Indio Jail. • Five students successfully completed their probation terms in the Youth Accountability Team Program and were released from probation. • I attended back to school staff meetings and I spoke to school administration regarding the new school year security policies. • I conducted several parent / students meetings and counseled students on their behavior and academics. Actual reporting period covers September 2, 2002 through September 23, 2002 City of La Quinta La Quinta Police Department Captain John Horton, CoMmanding September 2002 Highlights (Numbers in parenthesis denotes number of calls for service that day) Sunday. 09-01-02 (49): Eddie Robert Zamora, 41, Indio, arrested for fraudulent checks at Vons. Monday, 09-02-02 (41): No significant activity Tuesday, 09-03-02 (70): Robert Carranza, 60, La Quinta, arrested for driving under the influence. Wednesday. 09-04-02 (59): William Zamorz, 33, La Quinta, arrested once again for petty theft. During arrest he made threats to Deputies Lewis and Wederiz and was booked for terrorist threats, resisting arrest and terrorist threats. Thursday, 09-06-02 (561: GOA suspect Philip Copeland slapped girlfriend in face during argument at 51000 block of Cortez. Dep. Burbach. Friday, 09-0642 (76): Dep Gaunt arrested James Creely age 39, of La Quinta for burglary from Wal-Mart, after taking a pair of boots without paying. Saturday. 09-07-02 (41): Talylor Farrell, 48, Oregon, arrested for warrant charging him with brandishing a weapon, warrant out of Banning. Cite released Jose Campo, 26, Indio, was arrested for petty theft with priors at Stater Brothers. He was on probation for burglary and petty theft with priors. Scott Bryan Winn, cited and released for shoplifting and vandalism at Wal-Mart. Sunday, 09-08-02 (41): DUI involved collision on Ave 50 and Washington. D1, Rauel Prudente, 20, La Quinta was west bound on Ave 50 when he ran red light and collided with D2, Felipe Gonzalez, 34, La Quinta. Major damage to V2. Complaint of pain to drive of V2. D1 taken to Desert Hospital, blood drawn, he was cite released at hospital. Juvenile arrested for shoplifting at Wal-Mart, released to mother. La Quinta Significant Activity Report Page 2 Monday. 0949-02 (601: Ralph Carova, 28, Indio, arrested for Felony H&S warrant by Sgt. Vest on traffic stop. Tuesday. 09-10-02 (39): Injury collision on Adams and Westward Ho involving four vehicles. Driver at fault rear -ended car and caused chain collision. Minor injuries to driver of first car hit but he refused medical. After school had let out a 16 year old LQHS student was jumped by HMA suspect, 16-17 years old who beat him about head and face. He had bruising and cuts. He said he did not know suspect. Suspect left with second HMA juvenile on a bike. Deputy Morton to follow up. Report of attempt suicide at Villa Cortina apartments. 18 year old had superficial cut to wrist. He was upset of girlfriend breaking up with him. He took knife into bathroom and was screaming. His sister called neighbor who kicked in door and found him in room with minor scratch to one wrist. He as taken to Indio Mental Health. Deputy Black responded to area of Ralph's reference a suspicious person call. An HMA in his 30s went into business asking about obtaining gasoline for car that was supposed to be in the area. He was acting strangely and the RP called when he saw him in parking lot. When Deputy Black located the man and was running him for warrants no record was found. Deputy Black said he would drive him to his car and the man took off running. He was located coming over a wall in the tract behind the stores by Deputy Bashe and taken into custody. He was booked for resisting arrest and we are waiting for live scan results to verify identity. He says he is Luis Angulo, 021466, and that he teaches school in Mexicali. Wednesday. 09-11-02 (54): Report of a burglary in the 52-600 block of Ave. Rubio. Furniture was taken. Deputy Bashe. Report of a battery in the 53-200 block of Ave. Carranza. Vicitms were Cristo Gonzalez (20 yrs old) and Juan Gonzalez (18) years old. Victims reported that six Hispanic males stopped in front of their residence and exited a green Chrysler Sebring and kicked and punched them. Victims stated that the suspects yelled "Mecca Vineyards," then fled the area. No visible injuries to the victims. Deputy Ruiz. Report of a burglary at Wal-Mart. Suspect Billy Joe Pennington (43 years) entered the store with old receipts, took like items matching the receipts, and left the store. Suspect booked into Indio jail. Deputy Burbach. Thumday. 09-12-02 (47): None. Friday. 09-13-02 (561: No significant activity. La Quinta Significant Activity Report Saturday. 09-14-02 (75): Sergeant Ammons on duty (2200 hours) Page 3 On September 14, 2002, at 4:30 am, officers of the La Quinta Police Department responded to a rollover traffic collision in the 52-800 block of Avenida Velasco. Upon arrival they found three vehicles involved with major collision damage and three parties injured. Preliminary investigation revealed that a 2002 Nissan Altima, driven by a "Mario Avila" (19 year old Indio resident) was northbound on Velasco at an unknown speed, when it lost control and struck a blue, 1971 Chevy El Camino that was legally parked on the east side of the street. The Nissan continued northbound and struck a 1997 blue Honda Civic, also legally parked on the East Side of the street. The Nissan then veered off the right edge of the roadway, overturned and came to rest on its roof in the front yard of 52-800 Ave. Velasco. Two other passengers also occupied the Nissan. A "Laticia Moran," 24-year-old Indio resident was riding in the right rear passenger seat. A 17-year-old female (Hope Avila) was also riding in the left rear passenger seat. Both females are sisters to the driver of the Nissan. Both Moran and the 17-year-old female were transported to the JFK Hospital. Their injuries are not considered life threatening. The driver, Mario Avila, sustained minor injuries and scratches to his arms and legs. He was not transported to the hospital. Evidence at the scene and further investigation led officers to believe that Mario Avila was possibly driving under the influence. He was arrested for felony DUI (Causing Injury) and later booked into Indio Jail. Preliminary PAS at the scene put the driver at .197 BAC. Ronnie Garcia, 43, Indio, arrested for willful violation of court order at the 52200 block of Ave Alvarado. He violated court order by being at residence. He was found asleep by front door. Francisco Cinco, 39, Mecca, arrested at Wal-Mart for shoplifting. He also had felony H&S warrant. Sunday. MIS-02 (53): No significant activity Monday. 09-16-02 (55): Attempted commercial burglary at Radio Shack, alarm was triggered. Fresh pry marks to door found, no suspect. 13 year old female was walking on Adams when WMA,25 years, 6 foot, 160 pounds, med length brown hair, ran up from behind her and grabbed her left breast. He then ran off east on Miles. La Quinta Significant Activity Report Tuesday, 09-17-02 (40): Page 4 Deputy Pereyda handled a burglary at 79585 Baya in the Citrus country club, City of La Quinta, where $50,000 worth of jewelry was taken from the home. The homeowner, Connie Workman, is a retired jeweler. The suspect(s) removed a valuable mink coat from a closet and left it on one of the beds, removed paintings from the walls and left those on the floor and took a blue steel revolver (nfi). The suspect(s) left a .22 Ruger Mark IV behind. Deputy Bashe arrested Christopher Mickelson, 32 years, of Indio for three poss. of a controlled substance warrants at Hwy. 111 and Dune Palms. Deputy Orr handled a burglary at the 54000 block of Ave. Ramirez in La Quinta in which ID Tech. were called out due to extensive ID work and the interior being totally ransacked. The homeowner believes it's her ex-husband, Heinz Erich Kohler, 030752, of Pasadena as he has done similar things to her in the past. Carolyn Kohler had her alarm set; however, her alarm system doesn't have motion detectors and all of the screens "splines" had been removed from the screens. Deputy Brooker arrested Miguel Gonzalez, 112055, of Coachella for petty theft with priors at Wal- Mart in La Quinta. After much delay at the hospital, attempting to get an okay to book, Gonzalez was eventually admitted and was subsequently released per 849b which states" any peace officer may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever. Wednesday, 09-18-02 (63): No significant activity. Thursday. 09-19-02 (64): No significant activity. Friday. 09-20-02 (71): Dep. Reynolds arrested Emilio Gonzalez Alvarado, 47, and Albert Sarabia Giron, 46 for poss. of a designated controlled substance and poss. of a controlled substance at the old Ave. 52 west of Jefferson St. Both subjects were about to inject themselves with a controlled substance when Deputies walked up on them. Both subjects are from Earlimart, Ca. Saturday, 09-21-02 (62): Deputy Farley responded to found child call on Ave Martinez, During investigation a total of five children, the oldest 13, were found to have been unsupervised by the aunt, Mary McCrumb. She had left the housing the morning and had not returned. CPS took the children. David Johbn Sanders, 22, La Quinta, arrested for spousal abuse. Sunday. 09-22-02 (44): Arnold Mitchum, 49, arrested for DUI and 20002 following accident on Eisenhower. While taking report the other party pointed out suspect as he drove by. n 21-3 La Quinta Significant Activity Report Page 5 Monday. 09-23-02 (60): No significant Activity Tuesday. 09-24-02 (45): Deputies responded to a report of a burglary at 78870 Hwy 111 (The Postal Place) in La Quinta, with the suspect being detained by the victim. Gabriel Recio, 022860 of Coachella was caught removing items from the victim's vehicle at the rear of the location. When the victim attempted to stop Recio, Recio picked up a crow bar and threatened to hit the victim with it until he was tackled and restrained by victim and victim's son. After being subdued, Recio claimed his partner ran away from the location through the wash south of the location. Deputies found Jose Cruz Gallegos(11-2-69) of La Quinta running west through the wash. Gallegos claimed that he was trying to catch his dog. There actually was a dog in the wash and no one, including the suspect could I.D. Gallegos as being at the scene. Several pillows, a car battery, and tools, were recovered from Recio's vehicle. Recio required an Okay to Book prior to being booked for abrasions to his face and body when he was restrained by the victim and his son. Report by Deputy Pereyda Wednesday. 09-25-02 (611: Deputy Donivan and Deputy Lopez arrested Manuel Juan Perez, 012268, of La Quinta for poss. of a controlled substance and poss. of a switch blade knife having a blade longer than two inches. Thursday. 09-26-02 (59): At 0100 hours, Deputies Donivan, Lopez and Pena responded to the 53200 block of Avd. Navarro in reference a vehicle theft in progress. When the deputies arrived, they located the suspect inside a truck attempting to break the ignition. Once the suspect, Juan Leyva of La Quinta, realized the deputies were behind him, he attempted to flee. The deputies apprehended Leyva as he was climbing a fence. Leyva sustained a laceration above his left eye, and all three deputies received scratches and abrasions to their arms. Leyva was transported to JFK for and ok to book.. At about 1006 hours, on 09-26-02, Officers from the La Quinta Police Department received a call of a vehicle that ran into a palm tree on Eisenhower Dr., north of Calle Nogales, in the City of La Quinta. As officers were responding to the scene, they received calls that the driver and passenger were fleeing the scene west on Calle Nogales. Upon arrival officers located a 2000 Lexus RX300, with major damage. After checking the vehicle they found that the vehicle had been reported stolen from the P.G.A. West Country Club. Officers learned that a white male adult and a white female adult had fled the scene. They began checking the area for the suspects and received information that two people matching the description of the suspects had just entered the back yard area of a residence located on Ave. Herrera. A perimeter was set up and officers waited for additional units to arrive. Once the units arrived on scene the officers began a house to house check for the suspects. After some time had past, the suspects were found hiding and officers were able to take both suspects into custody.The male suspect was identified as Ryan Fulsom, a 19 year old Indio resident and the female was a 16 year old Juvenile from the State of Indiana. Neither suspect was injured as a result of the traffic collision. Fulsom was booked at the Indio Jail for Auto theft and fleeing the scene of a traffic accident. The female juvenile was booked into Juvenile Hall for the same charges. Deputy Espinosa arrested Heidi Trimmer, 11/17/60, for DUI T/C at Eisenhower and Nogales. Trimmer apparently ran into a parked car. No one was injured. La Quinta Significant Activity Report Friday. 09-27-02 (72): Page 6 At 2244 hours, Deputy Bashe responded to a major injury traffic collision at Ave. 52 and Jefferson. The driver, Robert Montalvo, 110672, of La Quinta was transported to Desert Hospital for internal injuries. Montalvo had a BAC of .21 %. Due to the severity of his injuries, Montalvo was not arrested. At 2220 hours, Deputy Farley responded to a major injury traffic collision at Ave. 54 and Monroe in the City of La Quinta. Miguel Serrato (022878) was driving under the influence, and failed to stop for the stop sign at eastbound Ave. 54. He collided with a Jeep Cherokee injuring the three occupants. One of the occupants, a two -year -old boy, was transported to Loma Linda Hospital, and is listed in critical condition. Deputy Adams of the La Quinta traffic team responded to the scene, to handle the collision investigation. Serrato was transported to Indio jail and booked for driving under the influence of alcohol and hit and run with injuries. Saturday. 09-28-02 (56): Sunday. 09-29-02 (59): No significant activity. Monday. 09-30-02 (66): No significant activity. Total calls for service: 1635 �82 CITY OF LA Q UINTA CRIME STATISTICS SUMMARY A UGUST 2002 CITY OF LA QUINTA AUGUST CRIME COMPARISONS CRIME AUGUST 2002 AUGUST 2001 YTD (02) YTD (01) *HOMICIDE 1 0 3 1 *RAPE 0 2 5 12 SEX CRIMES (FEL) 0 3 8 5 SE S:' 0 14 13 ROBBERY 2 3 12 10 ASSAULT (FEL) 8 4 79 72 ASSAULT ISD 24 18 94 150 BURGLARY 38 60 414 433 *VEHICLE THEFT 11 17 94 95 *THEFT (FEL) 23 16 218 168 THEFT SD 27 41 346 322 VANDALISM ISD 49 17 286 193 DOM. VIOLENCE 15 5 92 102 NARCOTICS 12 4 75 85 DUI 13 17 103 92 T/C NON -INJURY 49 48 424 360 T/C INJURY 6 2 57 41 T/C FATAL 0 0 1 2 TRAFFIC CITATIONS 399 291 3035 2354 * STATISTICS INCLUDE ATTEMPTS z w Q a w 0 w 0 J d a z c� g N CO rD U) z CO0 L.I.. �r CL 2 0 U w 2 reo L) N � © O N N QQ 10 O� COD LO It co N O O t C9 m �$ 1 F� w N O O H N ry CD 4 Lu Q 0 W U a o J O w � U Q W a 0 z w N T" o o N N O O 0 0 0 0 0 0 0 L OM N O r z ui Q d LU 0 W 0 J om N O N Ci) Z) 0 Z 0 m 5 W 2 tt�� V W W� z w F- w 0 w U J 0 CL H z :D Q J a N U) rD U) z 0 ry CL 2 0 m N T.- OO N N C� C� Q d It �o LU M N N LO O LO O T- I 12 9 0 r).8u z Ui N o N Q � W0 � Li w � c ° OCL J � Q � z o Z � o U Q J m o mot" N O w CO mit N V- V- V-- V- T- a co 0 F- d- N O 00 CO O z w o O 1� N C� Q W � W Q LL 0 F- � o az 0 I--' cn Z � na. � O Q J N r-- o o N N D as 0 0 0 0 0 0 LO mot' M N d PR z z z U F= Z 0 F- U LL LL �91 T44 4 XP Qum r1ru COUNCIL/RDA MEETING DATE: October 15, 2002 ITEM TITLE: Continued Public Hearing on 1) Certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-41 1 Revised; 2) Specific Plan 2001-051 Amendment No. 1, a Request to Modify Land Use and Development Standards for a 33 Acre Mixed Land Use Project Located on the Northeast Corner of Eisenhower Drive and Calle Tampico; and 3) Village Use Permit 2001- 007 Amendment No. 1, A Request to Develop a 200 Unit Apartment Complex and Two Commercial Buildings on 12.04 Acres Within Planning Areas #1 and #2. Applicant: Cameo Homes AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2001-41 1 Revised, for Specific Plan 2001-051 Amendment No. 1 and Village Use Permit 2001-007 Amendment No. 1; and Adopt a Resolution of the City Council approving Specific Plan 2001-051 Amendment No. 1, a request to modify the development standards for a 33 acre mixed land use development, subject to findings and conditions; and Adopt a Resolution of the City Council approving Village Use Permit 2001-007 Amendment No. 1, a request to develop 12.04 acres with multiple storied apartment and commercial buildings, subject to findings and conditions. None. None. P:\BETTY\Cameo\Staff Report Cameo.wpd On October 1, 2002, the City Council, continued the project to October 15, 2002 as the Planning Commission had continued the project to October 8, 2002. The 33 acre site (Attachment 1) is bounded on the south by Calle Tampico, on the west by Eisenhower Drive and on the east by Avenida Bermudas. The terrain is level, silty sand with mesquite bushes scattered over it and a very small grove of palo verde trees in the southwest quarter of the property. To the north is the La Quinta Evacuation Channel, a drainage corridor that is also used for golf course fairway usage. Portions of the site are developed as addressed in the next section of the report. Property History On March 6, 2001, the City Council adopted Resolutions 2001-16 through 2001-20 approving the "Vista Montana Specific Plan" and other affiliated development applications which allowed development of a 33-acre site at the northeast corner of Calle Tampico and Eisenhower Drive with 227 residential units (a maximum of 365 guest rooms), retail commercial up to 20,000 sq. ft., office space up to 20,600 sq. ft., a 40,000 sq. ft. distribution center for the La Quinta Resort Hotel, and employee parking for 630 cars. Residential units ranged in size from 750 square feet to 1,400 square feet. Under the Plan, residential condominium buildings were 37' high and commercial buildings were 22'-0" high, excluding architectural projections. Buildings within the development were to use a Mediterranean design motif incorporating smooth trowel stucco finish for exterior walls, tile roofs, multi -pane windows, arches and wrought iron balconies. Since approval of Vista Montana Specific Plan, KSL Land Corporation has built an office building of 17,891 square feet on Calle Tampico and employee parking lot for 94 vehicles with access onto Avenida Bermudas. The approved Grading, Paving and Drainage plan for this area shows a 288 vehicle parking lot to the north of the employee parking area and 1.4 acre retention basin beyond. On August 20, 2002, the Community Development Director approved Tentative Parcel Map 30721 which proposed the subdivision of 29.82 acres into four lots within Specific Plan 2001-051. Parcel 1 is 12.74 acres and being set aside for use as a future public school site. Parcels 2 through 4 are to be developed with commercial and residential land uses. This land division request was submitted to supplement the proposed amendments to SP 2001-051 and VUP 2001-007 that are addressed in the next section of this report. Project Request Changes proposed by the developer for the Vista Montana Specific Plan and Village Use Permit are: P:\BETTY\Cameo\Staff Report Cameo.wpd J 002 Commercial Component (Planning Area #1) - Two commercial building sites are being proposed to the west of the multi -family component with frontage on Eisenhower Drive on 1.73 acres (Parcel 4 of TPM 30721). Plan exhibits show two story buildings that range up to 30'-0" high with a combined floor area of 12,000 square feet per building setback approximately 32 feet from the public thoroughfare. 90 open parking spaces encircle each building while a 48'-0" wide driveway separates each building site. This primary driveway is designed for right-in/right-out and left -in traffic movements whereas the southernly-most driveway is gated for use by emergency vehicles only. Residential Component (Planning Area #2), - A multi -family component of 200 units on 10.31 acres (Parcel 3 of TPM 30721) is planned for the northwest corner of the project area located approximately 630 feet north of Calle Tampico and 150 feet east of Eisenhower Drive. Two story building complexes are planned oriented around common open space and parking areas. Dwelling unit sizes range from 670 square feet (one bedroom) to 1,177 square feet (three bedrooms). On -site parking is a combination of open and covered spaces, a ratio of 2.3 per dwelling unit. A one story recreation building of 2,694 t square feet is located on the west side of the project with open space courtyard and amenities to its east (i.e., swimming pool, spa, etc.). Recreation improvements planned in the retention basin are a soccer field, sand volleyball court and a perimeter walking/jogging track. The various components of the project have been designed in the same architectural style as the La Quinta Resort featuring a smooth stucco finish, concrete roof tile, and other ornamental features. The Specific Plan allows the following Code deviations; 1) Residential density is based on using the acreage of Planning Areas #1 and #2, and assumes a density bonus for affordable units (Condition #16 of the Specific Plan sets forth the requirement for a density bonus); 2) One bedroom units are less than 750 square feet; 3) Change the parking provisions from one space per bedroom to 2.3 per dwelling unit; 4) Reduce two-way driveway aisle widths in some instances to 24 feet between covered parking areas; and 6) Provide covered parking for 25% vs. 30% of the commercial parking stalls. The Zoning Code specifies that the ultimate decision on density shall rest with the Planning Commission unless final action by the City Council is required. Medium High and High Density residential development standards of the City's Zoning Ordinance were used as guidelines for development of the apartment complex as the Village Commercial District does not contain an in-depth list of residential development standards. 49` P:\BETTY\Cameo\Staff Report Cameo.wpd Distribution Center and Parking (Planning Area #3) - The applicant shows the original 40,000 sq. ft. distribution center for the La Quinta Resort Hotel and its employee parking lot on 5.04 acres (Parcel 2 of TPM 30721) as approved by the City Council on March 6, 2001. Development standards have been added to the Specific Plan document. School Site (Desert Sands Unified School District) - The area along Calle Tampico is being consider for a new public school to accommodate 750 elementary students. Therefore, the developer has requested that this 12.74 acre (Parcel 1 of TPM 30721) area be removed from the Specific Plan document since it will owned by a public agency. Existing KSL Resort Offices - The existing one story office building and parking facilities at 50-905 Avenida Bermudas on 2.68 acres (Parcel 3 of PM 29886) are noted as "not -a -part" under this planning document. Public Notice This project was advertised in the Desert Sun newspaper on September 19, 2002, and mailed to all property owners within 500 feet of the site on September 6, 2002 by the Community Development Department. To date, no comments have been received from adjacent property owners. Any written comments received will be handed out at the meeting. Public Agency Comments A copy of this request has been sent to all applicable public agencies and City Departments. All written comments received are on file with the Community Development Department. Applicable comments received have been included in the recommended Conditions of Approval. Environmental Assessment Based on California Environmental Quality Act (CEQA) requirements, a revised Environmental Assessment was prepared for this project. The Planning Commission recommends certification of a Mitigated Negative Declaration of environmental impact. Architecture and Landscape Committee Review The Architecture and Landscaping Review Committee reviewed this request at its meeting of August 7, 2002, and adopted Minute Motion 2002-032, recommending approval of the architectural plans and landscaping plans for Planning Areas #1 and #2 (Attachment 2). P:\BETTY\Cameo\Staff Repgrt Cameo.wpd 004 Planning Commission Review On September 24, 2002, the Planning Commission raised a number of questions about the development, and continued the public hearing to October 8t'. A copy of the Minutes from the meeting is attached (Attachment 3). On October 8, 2002, the developer presented the following development changes to the Commission: ♦ Additional recreational amenities have been shown on the landscape plan such as BBQ's, tot lot, sand volleyball, soccer field, walking/jogging path, etc.; ♦ Planning areas were increased from two to three; ♦ Architectural graphics were revised to reflect the current development request; ♦ Development standards for Planning Area #3 were provided; ♦ A linear formations of palm trees was added to the interior courtyard areas of the apartment complex to the east of the recreation building; ♦ Enhanced paving surfaces within Planning Area #1 were eliminated; and ♦ A detailed floor plan of the recreation building for Planning Area #2 was furnished. On October 8, 2002, the Planning Commission (Attachment 4), on a 4-0-1 vote (Commissioner Abels was absent), adopted Resolutions 2002-093, 2002-094 and 2002-095, recommending to the City Council certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-411 Revised and approval of the Specific Plan 2001-051 Amendment No. 1 (Attachment 5) and Village Use Permit 2001-007 Amendment No. 1, subject to findings and conditions. The Commission specifically added the requirement (Condition #29 that KSL provide an easement through their property to Avenida Bermudas for pedestrian access. The findings necessary to approve this request can be made, and are included in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2001-411 Revised, for Specific Plan 2001-051 Amendment No. 1 and Village Use Permit 2001-007 Amendment No. 1; and Adopt a Resolution of the City Council approving Specific Plan 2001-051 Amendment No. 1, a request to modify the development standards fora 33 acre mixed land use development, subject to findings and conditions; and ' U OC PABETTY\Cameo\Staff Report Cameo.wpd Adopt a Resolution of the City Council approving Village Use Permit 2001-007 Amendment No. 1, a request to develop 12.04 acres with multiple storied apartment and commercial buildings, subject to findings and conditions; or 2. Do not approve the above Resolutions; or 3. Provide staff with alternative direction. Respectfully submitted, welopment Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Proposed Specific Plan Site Plan 2. August 7, 2002 ARLC Minutes (Excerpt) 3. September 24, 2002 Planning Commission Minutes (Excerpt) 4. October 8, 2002 Draft Planning Commission Minutes (Excerpt) 5. Specific Plan document (City Council only) PABETTY\Cameo\Staff Report Cameo.wpd 0 P. 6 RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A REVISED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-411 PREPARED FOR SPECIFIC PLAN 2001-051 AMENDMENT #1 AND VILLAGE USE PERMIT 2001-007 AMENDMENT #1 CASE: ENVIRONMENTAL ASSESSMENT 2001-411, REVISED APPLICANT: CAMEO HOMES WHEREAS, the City Council of the City of La Quinta, California, did, on the 1" and 15th days of October, 2002, hold duly noticed Public Hearings to consider Environmental Assessment 2001-41 1 (Revised) for Specific Plan 2001-051 Amendment #1 and Village Use Permit 2001-007 Amendment #1 ("Proposed Project") located at the northeastern corner of Eisenhower Drive and Calle Tampico, more particularly described as follows: Assessor's Parcel Numbers 773-022-014 and 773-022-032 Parcels 1-4 of Parcel Map 29886 Portion N'/z of Section 1, T6S, R6E, SBBM WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 3rd and 24th days of September, 2002, and 8th day of October, 2002 hold duly noticed Public Hearings to consider Environmental Assessment 2001-41 1 (Revised) for Specific Plan 2001-051 Amendment #1 and Village Use Permit 2001- 007 Amendment #1, and after deliberation, adopted Resolution 2002-093 on a 4-0-1 vote, requiring Mitigation Measures to be implemented during construction. WHEREAS, the City Council of the City of La Quinta, California, did, on the 61h day of March, 2001, hold a duly noticed Public Hearing to consider certification of Environmental Assessment 2001-41 1 for Vista Montana (i.e.; General Plan Amendment 2001-075, Zone Change 2001-067, Specific Plan 2001-051, Village Use Permit 2001-007 and Vesting Tract Map 30043), and on a 5-0 vote, adopted Resolution 2001-16, requiring compliance with mitigation measures during on -site construction work; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27th day of February, 2001, hold a duly noticed Public Hearing to consider Environmental Assessment 2001-411 for Vista Montana (i.e., General Plan Amendment 2001-075, Zone Change 2001-067, Specific Plan 2001-051, Village Use Permit 2001-007 and Vesting Tract Map 30043) located at the northeastern corner n 9 � I- P:\BETTY\Cameo\CameoCCResoEA.wpd 007 City Council Resolution 2002- Environmental Assessment 2001-411 Revised, Cameo Homes Adopted: October 15, 2002 Page 2 of Eisenhower Drive and Calle Tampico, and unanimously recommended certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-41 1 under Planning Commission Resolution 2001-017; and WHEREAS, said Environmental Assessment (EA) has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-68), in that the Community Development Department has prepared a Revised Environmental Assessment for EA 2001-41 1, determining that although the proposed Project could have a significant adverse impact on the environment, there would not be a significant effect in this case because appropriate mitigation measures are being required consistent with the prior assessment as certified. by the City Council on March 6, 2001, by adoption of Resolution 2001-16; and WHEREAS, a Notice of Intent to Adopt an Revised Environmental Assessment was posted with the Riverside County Recorder's office on August 8, 2002 for a 30-day period by the Community Development Department. On September 26, 2002, the Community Development Department mailed a copy of the completed Environmental Assessment to the Departments of Fish and Game and U.S. Wildlife Service for their review and comment; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on August 22, 2002 for the September 3, 2002 Planning Commission meeting and September 19, 2002 for the October 1, 2002 City Council meeting as prescribed by Section 9.200.110 (Public Notice Procedure) of the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site on August 13, 2002 and September 6, 2002. To date, no comments have been received from adjacent property owners; and WHEREAS, on July 8, 2002, the Community Development Department mailed case file materials to all affected agencies for their review and comment. All written comments are on file with the Community Development Department; and WHEREAS, the applicant has prepared traffic and hydrology studies for the new project on July 26, 2002, to supplement earlier studies that were evaluated by the City Council on March 6, 2001. NOW THEREFORE, BE IT RESOLVED by the City Council, as follows: SECTION 1: The above recitations are true and correct and are adopted as the � 93 P:\BETTY\Cameo\CameoCCResoEA.wpd 0 C 3 City Council Resolution 2002- Environmental Assessment 2001-41 1 Revised, Cameo Homes Adopted: October 15, 2002 Page 3 findings of the City Council. SECTION 2: The City Council finds that the revised Environmental Assessment was prepared and processed in compliance with CEQA Guidelines and the City's implementation procedures, and that mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Proposed Project and that these measures mitigate any potential significant effect to a point where clearly no significant environmental effects will occur as a result of this Project. SECTION 3: No substantial changes have occurred with respect to the circumstances under which the Proposed Project will be undertaken, which will require major modifications or revisions to the Environmental Assessment, due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. SECTION 4: No new information of substantial importance which was not known, and could not have been known, with the exercise of reasonable diligence, at the time the Environmental Assessment was adopted, has become available which shows any of the bases described in CEQA Guidelines Section 15162(a)(3), for requiring an Environmental Impact Report. SECTION 5: Based on these findings and the EA Addendum, the City has determined that no Environmental Impact Report is required or appropriate under Public Resources Code Section 21166, and that an Addendum is sufficient to make the prior Environmental Assessment apply to the Proposed Project. SECTION 6: The Proposed Project will not be detrimental to the health, safety, or general welfare of the community, either indirectly, or directly, in that no significant unmitigated impacts were identified. SECTION 7: The Proposed Project will not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants, or animals, or eliminate important examples of the major periods of California history, or prehistory. SECTION 8: There is no evidence before the City that the Proposed Project will have the potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends, as the site has been used for farming activities since the late 1940's and the site's date palm grove was removed in 1999. r P:\BETTY\Cameo\CameoCCResoEA.wpd 0(,9 (,9 City Council Resolution 2002- Environmental Assessment 2001-41 1 Revised, Cameo Homes Adopted: October 15, 2002 Page 4 SECTION 9: The Proposed Project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, as no significant effects on environmental factors have been identified. SECTION 10: The Proposed Project will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity, as development patterns in the area will not be significantly affected by the Proposed Project. SECTION 11: The Proposed Project will not have the environmental effects that will adversely affect the human population, either directly or indirectly, as no significant impacts have been identified which would affect human health, risk potential or public services. SECTION 12: The City Council has fully considered the proposed revised Environmental Assessment, underlying Mitigated Negative Declaration and the comments received thereon. SECTION 13: The EA Addendum reflects the independent judgment and analysis of the City Council. SECTION 14: The location of the documents which constitute the record of proceedings upon which the City Council decision is based, is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director. SECTION 15: Based upon the Environmental Assessment and the entire record of proceedings, the Proposed Project has no potential for adverse effects on wildlife as that term is defined in Fish and Game Code § 711.2. SECTION 16: The City Council has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 California Code of Regulations 753.5(d). SECTION 17: The revisions to EA 2001-411 are hereby certified by the City Council. SECTION 18: The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed by the City Council. P:\BETTY\Cameo\CameoCCResoEA.wpd City Council Resolution 2002- Environmental Assessment 2001-41 1 Revised, Cameo Homes Adopted: October 15, 2002 Page 5 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t' day of October, 2002, by the vote to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 3C2 P:\BETTY\Cameo\CameoCCResoEA.wpd O i 1 Environmental Checklist Form 1. Project Title: Specific Plan 2001-051, Amendment No. 1, Village Use Permit 2001-007, Amendment No. 1 2. Lead Agency Name and Address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact Person and Phone Number: Greg Trousdell, 760-777-7125 4. Project Location: Northeast corner of Calle Tampico and Eisenhower Drive 5. Project Sponsor's Name and Address: Cameo Homes 20 Corporate Plaza Newport Beach, CA 92660 6. General Plan Designation: Village Commercial 7. Zoning: Village Commercial 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed Specific Plan Amendment changes the proposed land uses for a Specific Plan approved by the City in 2001. The site is a total of 32 net acres. The previous approval allowed 227 residential units on the westerly 22 acres, 20,000 square feet of retail commercial space on 1.68 acres, 20,600 square feet of office commercial space on 2.57 acres, and a distribution center and employee parking lot for the La Quinta Resort on 5.79 acres. Since approval of the Specific Plan, a portion of the employee parking lot (94 of the possible 630 allowed spaces) and a 17,891 square foot office building have been constructed. The applicant proposes to amend the Specific Plan to reduce the residential site to 10.3 acres, with a total of 200 units (on the northwestern portion of the site); to allow for a future school site on the southwestern 12 acres; to delete the 1.68 acre retail commercial site on Calle Tampico; to allow 15,000 square feet of retail commercial land uses on 1.7 acres on the western end of the property; and to maintain the distribution center and parking lot approval on the 5.79 acre parcel on the northeastern portion of the site. The approved and constructed office building site is currently built out. n J PAGreg T\CameoEA41 1 Chklist(Revised).wpd 012 The Village Use Permit would allow the construction of 200 apartments on 10.3 acres, and the parking areas on the 1.7 acre commercial site. The apartment complex also includes parking, a common recreation building, one swimming pool and two tennis courts. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings. North: La Quinta Evacuation Channel, golf course at Duna La Quinta South: Calle Tampico, generally vacant Village Commercial lands East: Vacant Village Commercial lands, recently approved for hotel and commercial development West: _ Eisenhower Drive, golf course 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None PAGreg T\CameoEA411 Chklist(Revised).wpd 2 0 1. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation/Traffic Utilities and Service Systems Mandatory Findings Determination (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared 1-1 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. nn L� I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 107 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is equired. n - 1► �i nati re Date U J EA411 Chklist(Revised).wpd 1 V 1 4 Evaluation of Environmental Impacts: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced). 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analysis are discussed in Section XVIII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The analysis of each issue should identify: a) the significance criteria or threshold used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance r PAGreg T\CameoEA41 1 Chklist(Revised).wpd �_ J Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? (General Plan Exhibit 3.6) b) Damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Site topography, TTM 30651) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Application materials) II. AGRICULTURAL RESOURCES:. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Zoning Map, Property Owner) c) Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to nonagricultural use? (No ag. Land in proximity to project site) III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable Air Quality Attainment Plan or Congestion Management Plan? (SCAQMD CEQA Handbook) b) Violate any stationary source air quality standard or contribute to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM10 Plan for the Coachella Valley) d) Expose sensitive receptors to substantial pollutant concentrations? (Project Description) e) Create objectionable odors affecting a substantial number of people? (Project Description) P:\Greg T\CameoEA41 1 Chklist(Revised).wpd Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact X X X X X F.4 X X X X X n X IV. BIOLOGICAL RESOURCES: Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (LSA, letter report, 1/17/01) b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (LSA, letter report, 1/17/01) c) Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) Either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means?((LSA, letter report, 1/17/01) d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? (LSA, letter report, 1/17/01) e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? (LSA, letter report, 1/17/01) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan? (LSA, letter report, 1/17/01) V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource which is either listed or eligible for listing on the National Register of Historic Places, the California Register of Historic Resources, or a local register of historic resources? ("Historical/ Archaeological Resources Survey and Testing Report," CRM Tech, 1/8/2001) b) Cause a substantial adverse change in the significance of a unique archaeological resources (i.e., an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it contains information needed to answer important scientific research questions, has a special and particular quality such as being the oldest or best available example of its type, or is directly associated with a scientifically recognized important prehistoric or historic event or person)?("Historical/ Archaeological Resources Survey and Testing Report," CRM Tech, 1/8/2001) c) Disturb or destroy a unique paleontological resource or site? (Master Environmental Assessment Exhibit 5.9) d) Disturb any human remains, including those interred outside of formal cemeteries? ("Historical/ Archaeological Resources Survey and Testing Report," CRM Tech, 1/8/2001) X X X X X X X X X 3i;3 P:\Greg T\CameoEA41 1 Chklist(Revised).wpd G 1- 7 VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: . i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (MEA Exhibit 6.2) ii) Strong seismic ground shaking? ("Geotechnical Investigation..." Sladden Engineering, July 2002) iii) Seismic -related ground failure, including liquefaction? (General Plan Exhibit 8.2) iv) Landslides? (General Plan Exhibit 8.3) b) Result in substantial soil erosion or the loss of topsoil? (General Plan Exhibit 8.4) c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslides, lateral spreading, subsidence, liquefaction or collapse? (General Plan EIR, Exhibit III-17) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (General Plan EIR, Exhibit III-17) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? (General Plan EIR, Exhibit III-17) VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (General Plan MEA p. 95 ff.) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? (General Plan MEA p. 95 ff.) c) Reasonably be anticipated to emit hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Is the project located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (General Plan MEA p. 95 ff.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) P:\Greg T\CameoEA411 Chklist(Revised).wpd X X X X X X X X FN /;1 1 /;/ f) For a project within the vicinity of a private airstrip; would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to the risk of loss, injury or death involving wildlands fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? ("Preliminary Hydrology and Hydraulics Report," MDS Consulting, July 2002) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (General Plan EIR p. III-87 ff.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? ("Preliminary Hydrology and Hydraulics Report," MDS Consulting, July 2002) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? ("Preliminary Hydrology and Hydraulics Report," MDS Consulting, July 2002) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems to control? ("Preliminary Hydrology and Hydraulics Report," MDS Consulting, July 2002) f) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year floodplain structures which would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? (Project Description) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purposes of avoiding or mitigating an environmental effect? (General Plan p. 18 ff.) K4 F4 KI X X X X X X X X x J17 P:\Greg T\CameoEA41 1 Chklist(Revised).wpd 1 ' c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? (Master Environmental Assessment p. X 74 ff.) X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource classified NM-2 by the State Geologist that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) XI. NOISE: Would the project result in: a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ("Noise Impact Analysis," LSA, 1/16/01) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Residential project -- no ground borne vibration) c) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ("Noise Impact Analysis," LSA, 1/16/01) d) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) e) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive levels? (General Plan land use map) XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Application Materials) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Application Materials) P:\Greg T\CameoEA41 1 Chklist(Revised).wpd M ►y X X M1 M 1� 94 X X 311 n XIIL PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) Police protection? (General Plan MEA, p. 57) Schools? (General Plan MEA, p. 52 ff.) Parks? (General Plan; Recreation and Parks Master Plan) Other public facilities? (General Plan MEA, p. 46 ff.) XIV. RECREATION: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application Materials) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Application Materials) XV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ("Traffic Impact Analysis," Endo Engineering, 1/16/01 & 7/18/02) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways?("Traffic Impact Analysis," Endo Engineering, 1/16/01 & 7/18/02) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (VUP site plan) e) Result in inadequate emergency access? (VUP site plan) f) Result in inadequate parking capacity? (VUP site plan) X X X X X X FN X X X X X X P:\Greg T\CameoEA411 Chklist(Revised).wpd 10� XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Are sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Has the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (General Plan MEA, p. 58 ff.) f) Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (General Plan MEA, p. 58 ff.) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIIL EARLIER ANALYSIS X X X X X X M it /:1 X Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a) Earlier analysis used. Identify earlier analysis and state where they are available for review. The original technical studies and Initial Study, prepared and adopted in 2001 for Specific Plan 2001-051, were used in this review. ; 1 r� P:\Greg T\CameoEA411 Chklist(Revised).wpd 11 02 b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. See attached Addendum. SOURCES: Master Environmental Assessment, City of La Quinta General Plan 2002. General Plan, City of La Quinta, 2002. General Plan EIR, City of La Quinta, 2002. SCAQMD CEQA Handbook. City of La Quinta Municipal Code "Historical/Archaeological Resources Survey and Testing Report," prepared by CRM Tech, January 8, 2001. "Vista Montana Village Use Permit Traffic Impact Analysis," prepared by Endo Engineering, January 16, 2001. "La Quinta Village Apartments.... Traffic Impact Analysis," prepared by Endo Engineering, July, 2002. Letter Report regarding biological resources prepared by LSA, January 17, 2001. "Vista Montana Development Noise Impact Analysis," prepared by LSA, January 16, 2001. "Preliminary Hydrology Report," prepared by MDS Consulting, July, 2002. �14 PAGreg T\CameoEA41 1 Chklist(Revised).wpd 12 23 Addendum for Environmental Assessment 2002-411 - Cameo Homes (Revised) I.a►&c) The intersection of Eisenhower and Calle Tampico is designated for Primary Gateway Treatment, and the intersection of Calle Tampico and Avenida Bermudas is designated a Secondary Gateway Treatment. This designation requires that special landscaping, building heights and building setbacks be incorporated into project design. The previously approved Specific Plan exceeded the building height limitation, and a mitigation measure had been required. The Specific Plan Amendment has modified the building height for the residential component to conform to these limitations. No mitigation measure is needed to reduce the potential impacts to a less than significant level. I. b) The project site is currently vacant. No significant outcroppings or other aesthetic features occur on the site. I. d) The proposed project will occur on a currently vacant parcel which does not generate any light, and will therefore represent an increase in light levels for the area. The project will, however, be required to meet the City's standards for outdoor lighting, which will ensure that lighting, is directed downward and contained within the project site. These standards will mitigate the potential impacts of light and glare to a less than significant level. II. a)-c) The proposed project site is neither in a prime agricultural area, nor subject to Williamson Act contracts. III. a) The previously approved project would have resulted in 227 residential units, 20,000 square feet of retail commercial development, 20,600 of commercial office development, a 40,000 square foot distribution center, and an employee parking lot. The traffic study prepared for the proposed project estimated that the project at buildout would generate 4,370 trips'. The table below illustrates the vehicular emissions which would have been generated by the project trips at buildout. Running Exhaust Emissions - Approved Specific Plan (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brake Tires J 45 mph 215.12 9.65 38.59 -- 0.96 0.96 Traffic Impact Analysis, prepared by Endo Engineering, January, 2001. P:\Greg T\CameoEA41 1 Add(Revised).wpd 1 24 Daily Threshold* 550 75 100 150 Based on 4,370 trips/day and average trip length of 10.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75*F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. The revised project would result in 200 apartment units, a future school site on 12 acres, 12,000 square feet of retail commercial land uses on 1.7 acres, and to a 40,000 square foot distribution center and 630 parking spaces for employees. The approved and constructed office building site is currently built out. These land uses have the potential to generate 7,312 daily trips2. These trips could generate the following level of pollutants. Running Exhaust Emissions - Proposed Amended Specific Plan (pounds/day) PM10 PM10 PM10 CO ROC NOx Exhaust Brakes Tires 45 mph 359. 16.1 64.5 -- 1.61 1.61 95 4 7 Daily Threshold 550 75 100 150 Based on 7,312 trips/day and average trip length of 10.0 miles, using EMFAC7G Model provided by California Air Resources Board. Assumes catalytic light autos at 75°F. * Operational thresholds provided by SCAQMD for assistance in determining the significance of a project. Although the revised project will result in increased emissions, the revised project will not exceed any threshold for the generation of moving emissions, as established by the South Coast Air Quality Management District in determining the need for an EIR. The impacts to air quality relating to chemical pollution are not expected to be significant. III. b) The proposed project will not result in any stationary source air quality violations, because residential and commercial land uses are proposed, which will not generate stationary source emissions. 2 Traffic Impact Analysis, prepared by Endo Engineering, January, 2001 ("Vista Montana Traffic Impact Analysis"), and July 2002 ("La Quinta Village Apartments Traffic Impact Analysis". P:\Greg T\CameoEA411 Add(Revised).wpd 2 U 4 J III. c) & d) The construction of the revised project will have the potential to generate dust, which could impact residents both on and off site. The Coachella Valley is a severe non -attainment area for PM 10 (particulate matter of 10 microns or smaller). The Valley has recently adopted stricter measures for the control of PM 10. These measures will be integrated into conditions of approval for the proposed project. The contractors for all projects on the site will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity, and to submit the Plan to both the City and SCAQMD. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on -going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping shall be installed with the first phase of development. Any portion of the site which is graded and not immediately built upon shall be stabilized with either chemical stabilizers or natural ground cover, subject to approval by the City Engineer. 8. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. 9. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. w P:\Greg T\CameoEA41 1 Add(Revised).wpd 3 With the implementation of these mitigation measures, and the implementation of the Coachella Valley PM 10 Management Plan 2002, the impacts from particulate matter to air quality from buildout will not be significant. III. e) The construction of homes and retail commercial development will not result in objectionable odors, because the permitted land uses within each of the planning areas do no generate such odors. IV) a)-f) A biological survey was conducted for the original project3. The survey found that the site provides poor habitat due to previous disturbances on the site. Although common species were found at the time of the survey, no threatened species are expected to occur on the site. No mitigation measures are necessary. Since the revised project will be substantially similar to the original project in terms of types of construction, the impacts of the revised project are also expected to be less than significant. V. a►, b) c) & d) A cultural resource survey and testing program was conducted for the subject property4. The survey and testing found that no resources occur on the site. The report further finds that it is possible that buried artifacts could be encountered during the construction process. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. Should any earth moving activity on the site uncover a potential archaeological resource, all activity on the site shall stop until such time as a qualified archaeologist has evaluate the resource, and recommended mitigation measures. The archaeologist shall also be required to submit to the Community Development Department, for review and approval, a written report on all activities on the site. VI. a) i►, ii) & iv) The proposed project lies in a Zone III groundshaking zone. The property, as with the rest of the City, will be subject to significant ground movement in the event of a major earthquake. In order to mitigate and protect the City from this hazard, the City has adopted the Uniform Building Code, and the associated construction requirements for seismic zones. The City Engineer will require the preparation of site -specific geotechnical analysis in conjunction with the submittal of grading plans (please see below). This requirement will ensure that a Letter report prepared by LSA, January, 2001. 4 Historical/Archaeological Resources Survey and Testing Report, prepared by CRM Tech, January, 2001. S 13 PAGreg T\CameoEA411 Add(Revised).wpd 4 52 impacts from ground failure are reduced to a less than significant level. This mitigation will be sufficient to reduce impacts to a less than significant level. The project site is not located adjacent to a hillside, and will not be subject to landslides. VI. b) The site is not located in a blowsand hazard area. As discussed above, the soils on the proposed site are loose silty sand. Sandy soils must be properly compacted prior to construction to assure long-term stability. The City's standards for site preparation shall be adhered to, as required by the City Engineer. In order to reduce the impacts of unstable soils on the proposed site, the following mitigation measure shall be implemented: 1. Prior to issuance of a grading permit for any structure on the proposed site, the applicant shall submit, for review and approval by the City Engineer, a detailed, site specific soil study, which shall include recommendations designed for the specific structure(s) being constructed. VI. c)-e) The soils on the site are not expansive, and support the development proposed. The soils on the site may be subject to caving during excavation, but this potential impact will be mitigated by the geologist in the above -required geotechnical analysis. The potential impacts associated with geology are less than significant. VII. a)-h) Residential and commercial land uses will not generate any unregulated hazardous material. The site is not located within an airport land use plan. The site is not located within a wildland fire area. Emergency response will be implemented in accordance with the City's Emergency Response Plan, in cooperation with the County of Riverside. VIII. a), c),d) & e) The proposed project will be required to retain the 100 year, 24 hour storm on - site. This requirement includes the installation of "water cleaning" devices when necessary to ensure that no contaminants are introduced into the storm water system. This requirement will reduce the potential for violation of a water quality standard to a less than significant level. VIII. b) All development adds to demand for groundwater. Domestic water is provided by the Coachella Valley Water District, which extracts groundwater from a number of wells in the Lower Thermal sub -basin. The project will be required to retain storm flows on -site, which will encourage percolation of storm water into the ground. The project proponent will be required to implement the City's 311 PAGreg T\CameoEA41 1 Add(Revised).wpd 5 r' r U 41 standards for water conserving plumbing fixtures. Finally, the proposed project will be required to meet the requirements of the City's water -conserving landscaping ordinance, which requires that projects demonstrate that landscaping plans are water -efficient. These mitigation measures will reduce potential impacts to a less than significant level. V111. c►-e) The proposed project, through the construction of buildings and parking lots, will create impermeable surfaces, which will change drainage patterns in a rain event. The project site is located in an AO Flood Zone. The project will,be required to meet the City's standards for retention of the 100 year storm on - site. This will control the amount of runoff which exits the site during a storm. The site's drainage plan will be reviewed and approved by the City Engineer prior to the issuance of grading permits. This will ensure that impacts to the City's flood control system are reduced to a less than significant level. V111. f) & g) The proposed project is located in an AO flood zone. The City Engineer will require that all structures on the site are constructed above the potential flood level in this zone. This standard will serve to mitigate potential impacts to a less than significant level. IX. a)-c) The project site is currently vacant, and will be integrated into an existing country club development. The project is consistent with the General Plan and Zoning designations for the project site. No impacts to land use and planning will result from construction of 200 single family homes. X.a) & b) The project site occurs outside the MRZ-2 Zone, and is not expected to contain resources. X1. a) & c) A noise impact analysis was prepared for the proposed projects. Noise impacts exceeding the City's standards will occur during construction activities. At buildout, however, the proposed project will meet the City's current exterior noise standard for sensitive receptors. Construction mitigation measures are offered below. These mitigation measures will ensure that impacts from noise are reduced to less than significant levels.. 1. All construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. s Noise Impact Analysis, prepared by LSA, January, 2001. P:\Greg T\CameoEA41 1 Add(Revised).wpd 6 v�� 2. On -site generators, if required, shall be located in the northern portion of the site. XI. c) The construction of the project will generate noise from construction equipment and activities. Existing homes occur to the north, west and south of the site. Homes are considered sensitive receptors to noise, and the construction at the site could have a negative impact. In order to reduce these potential impacts, the following mitigation measures shall be implemented: 1. All internal combustion equipment operating within 500 feet of any occupied residential unit shall be fitted with properly operating mufflers and air intake silencers. 2. All stationary construction equipment (e.g. generators and compressors) shall be located as far away from existing homes as possible. 3. Construction activities shall be limited to the hours prescribed in the La Quinta Municipal Code. XI. d) & e) The project site is not within the vicinity of an airport or airstrip. XII. a)-c) The revised project will be constructed on currently vacant land, and will provide a mix of residential and commercial development. The site has the potential to employ some of the residents within either the commercial retail area, or at the school. No impacts to population and housing are expected. XIII. a) Buildout of the site will have a less than significant impact on public services. The proposed project will be served by the County Sheriff and Fire Department, under City contract. Buildout of the proposed project will generate property and sales tax which will help offset the costs of added police and fire services. All homes within the proposed project boundary will be required to pay the state -mandated school fees to mitigate potential impacts to schools. To offset the potential impacts on City traffic systems, each project within the tract map area will be required to participate in the City's Impact Fee Program. Site development is not expected to have a significant impact on municipal services or facilities. PAGreg T\CameoEA41 1 Add(Revised).wpd 7 n XIV. a) & b) The buildout of the revised project will result in an increase in population which will have a need for recreational facilities. The project site will include a clubhouse, pool, and tennis courts for residents' recreation. The generation of property tax, and the General Plan policies in place to ensure that standards for parkland acquisition are followed by the City as development occurs, will mitigate potential impacts to these facilities to a less than significant level. XV. a) & b) Traffic analysis were prepared for the proposed project and the revised projects. The analysis found that surrounding intersections will operate at acceptable levels of service, with or without the proposed project; that minor alterations to lane geometries will be required to accommodate the project, and are listed below under mitigation measures. Both analysis found that signalization would not be necessary at Eisenhower and Calle Tampico with implementation of either the original or the revised project. The study for the revised project, however, did not include any of the uses currently constructed on the site, and potential expansion of these uses, as permitted in the Specific Plan. Specifically, the study did not include the office building currently on the southeastern corner of the site, or the potential 40,000 square foot distribution center and 630 parking spaces allowed on the east side of the site. By combining the two studies, it was determined that the revised project will generate 7,312 daily trips, while the original project would have generated 4,370 daily trips. Because of the increase in trips, and the high concentration of these trips during the morning peak hour, when the future school will also have a significant impact, it is likely that the intersection delay at Eisenhower Drive and Calle Tampico will increase to an unacceptable level. Since this assumes buildout of the 630 parking spaces (only 94 such spaces are currently built), which have the highest potential impact to AM peak traffic, should the parking not be constructed, the traffic signal may not be needed immediately. In order to assure that the impacts to traffic and circulation from buildout of the revised project are not significant, the following mitigation measure shall be implemented: 1. Prior to any additional site plan or Village Use Permit on this site, the applicant shall demonstrate, to the satisfaction of the City Engineer, that all of the components of the Specific Plan land area have been considered in a traffic signal analysis. That analysis shall also include recommendations on thresholds for the construction of the traffic signal at the corner of Calle Tampico and Eisenhower Drive. 6 Traffic Impact Analysis, prepared by Endo Engineering, January, 2001 and La Quinta Village Apartments Traffic Impact Analysis, July 2002. J�„� PAGreg T\CameoEA41 1 Add(Revised).wpd 8 iu S The July 2002 traffic study also included mitigation measures to assure that impacts of the project were less than significant. The following mitigation measures shall be implemented: 1. Eisenhower Drive and Calle Tampico will be fully improved to their General Plan half -widths adjacent to the project site. 2. All project exits will be STOP sign controlled. 3. The project proponent will contribute his fair share to the signalization of Eisenhower and Calle Tampico. 4. The project proponent shall provide lane geometries as depicted in Figure VI-2 of the Traffic Analysis, to the satisfaction of the City Engineer. 5. The project proponent will participate in the City's Impact Fee program. The implementation of these mitigation measures will reduce the potential impacts to the circulation system to a less than significant level. XV. d) The project proposes a right -in, right -out access onto Calle Tampico, between Avenida Bermudas and the primary site access. The distance between these drives may not be sufficient to allow for safe ingress and egress. In order to ensure that this potential impact is mitigated, the following mitigation measure shall be implemented: XV. f) 1. The City shall monitor development proposals for the school site, and shall participate in the public comment process to assure that driveways accessing the school are at safe distances. The commercial retail component of both the original and the revised project include the potential for restaurant land uses. The parking on the retail portion of the site, however, has been calculated for general retail use, which is much less stringent than restaurant use. Should large portions of the retail square footage be dedicated to restaurant use, the site would have insufficient parking. In order to mitigate this potential impact, the following mitigation measure shall be implemented: 1. Restaurant use within the Commercial Retail component of the proposed project shall be limited to 5,000 square feet gross floor area. P:\Greg T\CameoEA41 1 Add(Revised).wpd 9 n r) XV. c), e), g) The project will not impact air patterns. The design of the project does not create any hazardous design features. The map provides for an emergency access point in addition to project access. Alternative transportation in the form of trails and public transportation will be implemented based on General Plan policies and programs. XVI. a)-f) Utilities are available at the project site. The project developer will be required to pay connection and service fees for each of the utilities, which are designed to incorporate future needs and facilities. These fees will eliminate the potential impacts associated with utilities at the site. r) e J'� P:\Greg T\CameoEA411Add(Revised).wpd 10 �.�3 N M O N O M 0 N N O M r O O N M mil 0 U E-� O Cd cd U c� a� A 0 0 i 0 Cd O 2. z 0 0 F °a a ch W U U O a a zz z a � a A U W T� A U� �A UV oo to ^' " o O �Fy � `� � U U Q ��"•� U a U L A o„ � aa�UH v� � a � c c ° o U U U U �. U o � •o •o O o � .o .o O 0 O o b �F UA 964 o o A AA UAU U U m b a U E �'! O � � +U•' rA O C1+ N � Cd a d U w �b cd U v� a 3 W F q q A U U U U U U b� U o o U U w on „ eA o 0 0 .° rz w w w w r„F � ri,F C ZF A U U PQ W G4 o N �« cn o 0 'rn v a ¢� . A �WAW aU UU c ca � a coo a a _a u a WA to ou o0 b b H iC Q y O y 00 .s" ti m O O O O 1 to W a WH to w to 3 �� s� U U U UA UA O 0 0w 2 ; o o E-� o r. f? ►7 m c� a RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING MODIFICATIONS TO THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A MIXED LAND USE DEVELOPMENT ON APPROXIMATELY 33 ACRES LOCATED ON THE NORTHWEST CORNER OF CALLE TAMPICO AND AVENIDA BERMUDAS CASE NUMBER: SPECIFIC PLAN 2001-051 AMENDMENT #1 - VISTA MONTANA APPLICANT: CAMEO HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 1" and 151h days of October, 2002, hold duly noticed Public Hearings for the Vista Montana project for review of a Specific Plan Amendment approving design guidelines and development standards for Planning Areas #1 and #2 consisting commercial pads and 200 multiple family dwelling units on 12.04 acres, and detachment of 12.74 acres for a public school at the northwest corner of Calle Tampico and Avenida Bermudas, more particularly described as: Assessor's Parcel Numbers 773-022-014 and 773-022-032 Parcels 1-4 of Parcel Map 29886; Portion N %2 of Section 1, T6S, R6E, SBBM WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 3'd and 24th days of September, 2002, and 8th day of October, 2002, hold duly noticed Public Hearings for the proposed changes to the Vista Montana project, and after deliberation, adopted Resolution 2002-094 recommending to the City Council approval of the request, subject to findings and conditions. WHEREAS, on July 8, 2002, the Community Development Department mailed case file materials to all affected agencies for their review and comment. All written comments are on file with the Community Development Department; and WHEREAS, the City published a notice of its intention to adopt revisions to Environmental Assessment 2001-411 in the Desert Sun newspaper on August 22, 2002, for the Planning Commission meeting and September 19, 2002 for the City Council meeting, and further caused the notice to be filed with the Riverside County Clerk on August 8, 2002 for a 30-day period, in accordance with the CEQA Guidelines. On September 26, 2002, the Community Development Department mailed a copy of the completed Environmental Assessment to the Departments of Fish and Game and U.S. Wildlife Service for their review and comment; and n Jam' P:\BETTY\Cameo\CameoCCReso-SP.wpd City Council Resolution 2002 - Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 2 WHEREAS, the City mailed public hearing notices to all property owners within 500 feet of the project site on August 13, 2002, and September 6, 2002, pursuant to Section 9.200.110 of the Zoning Code. All written correspondence is on file with the Community Development Department; and WHEREAS, during the comment period, the City received comment letters on the development request from local public agencies. Community Development Department personnel reviewed and considered these comments, and prepared written responses to these comments which are contained in the staff report and/or recommended conditions; and WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 7th day of August, 2002, recommend approval of the proposed mixed land use project on 12.04 acres (Planning Areas #1 and #2 of Specific Plan 2001-051 Amendment #1) by adoption of Minute Motion 2002-032, subject to conditions of approval; and WHEREAS, on January 18, 2001, and June 21, 2001, the City's Historic Preservation Commission reviewed Historical/Archaeological Resources Survey and Testing Reports (Vista Montana Development) for the 33 ± acre site, previously known as the "Hunt Date Garden." Based on this information, Minute Motions 2001-002 and -011 were adopted requiring site work to be stopped if cultural material is discovered during construction activities; and WHEREAS, on February 7, 2001, the City's Architecture and Landscape Review Committee recommended approval of Village Use Permit 2001-007 by adoption of Minute Motion 2001-006, subject to the following condition: "Prior to issuance of a building permit, the office building elevations shall include the depth of the window insets and design treatment as well as the texture of the wall to be similar to the residential component"; and WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of March, 2001, hold a duly noticed Public Hearing for the Vista Montana project for review of a Specific Plan approving design guidelines and development standards for a commercial/office, distribution center and 227 whole ownership single family dwellings with the leasing potential of 365 guest rooms at the northeast corner of Eisenhower Drive and Calle Tampico, and by a 5-0 vote, adopted Resolution 2001- 18 for SP 2001-051; and P:\BETTY\Cameo\CameoCCReso-SP.wpd City Council Resolution 2002 - Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 3 WHEREAS, the Planning Commission approved Resolution 2001-155 on December 11, 2001 approving a General Plan Consistency Finding to vacate portions of Avenida Bermudas to assist development of the Vista Montana project. City Council Resolution 2002-03 finalized this street vacation request on January 15, 2002; and WHEREAS, on June 29, 2001, Tentative Parcel Map 29886 was recorded with the County of Riverside establishing four development parcels on 32.5 acres within the boundaries of Specific Plan 2001-051, based on City Council Resolution 2001-46; and WHEREAS, on August 20, 2002, the Community Development Director approved Tentative Parcel Map 30721 to subdivide 29.82 acres into four development parcels in conformance with the proposed amendments being addressed herein. Final map processing is ongoing. WHEREAS, at said public hearing upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify approval of the Specific Plan Amendment: 1. The proposed Specific Plan is consistent with the goals and policies of the La Quinta General Plan, the Land Use Map for the General Plan and supports the development of the proposed project, as conditioned. It is anticipated that affordable housing units will be included in Planning Areas #1 and #2, and that live/work units may also be constructed depending upon market factors and contractual arrangements with the La Quinta Redevelopment Agency. Removal of 12.74 acres within the project for development of a public school does not adversely hinder development of the remaining privately held parcels. 2. The proposed Specific Plan is compatible with the City's Zoning Code and the Village Design Guidelines in that it provides standards for the proposed land uses. 3. The Specific Plan, subject to conditions, will not create conditions materially detrimental to the public health, safety, and general welfare in that the mixed use development allowed under the Specific Plan is compatible with existing uses and surrounding zoning, and development standards and infrastructure proposed in the Specific Plan will ensure high quality development. "n) ,J j P:\BETTY\Cameo\CameoCCReso-SP.wpd 0.) City Council Resolution 2002 -_ Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 4 4. Development of the proposed Specific Plan is compatible with the parcel on which it is proposed, and surrounding land uses, as conditioned. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. The location of the documents which constitute the record of proceedings upon which the City Council decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director; 3. That it does hereby require compliance with the Conditions of Approval for the proposed Specific Plan Amendment; 4. That it does hereby confirm the conclusion that Environmental Assessment 2001 -411 Revised assessed the environmental concerns of this Specific Plan Amendment; and 5. That it does hereby approve Specific Plan 2001-051 Amendment #1 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 151h day of October, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California 331 P:\BETTY\Cameo\CameoCCReso-SP.wpd City Council Resolution 2002 - Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 5 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\BETTY\Cameo\CameoCCReso-SP.wpd CITY COUNCIL RESOLUTION 2002 CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2001-051 AMENDMENT #1, CAMEO HOMES ADOPTED: OCTOBER 15, 2002 1. All changes to the Specific Plan which are also included in the Village Use Permit shall be made to the latter to ensure consistency. The project proponent shall submit amended final documents within 30 days of City Council approval of the Specific Plan and Village Use Permit and/or prior to issuance of a grading permit, whichever occurs first. Ten copies of the final Plan with Conditions of Approval in the appendix shall be submitted to the Community Development Department. Included in the filing shall be a copy of the Specific Plan document on diskette in WordPerfect format. 2. The applicant/developer agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this project. 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. 3. The Specific Plan, and any Parcel Map submitted thereunder, shall comply with the requirements and standards of Government Code § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web site at www.la-quinta.org. 4. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency JJJ P:\BETTY\Cameo\CameoCC-SPCOA.wpd s... City Council Resolution 2002 - — Conditions of Approval - Recommended Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 2 The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 5. Right of way dedications required of this development include: A. PUBLIC STREETS 1. Avenida Bermudas (Collector) - 44 foot right of way, from centerline up to the point of the street vacation pursuant to City Council Resolution 2002-03. Vacated areas shall be compatible with the Santa Rosa Plaza development located on the east side of Avenida Bermudas. 2. Calle Tampico (Primary Arterial) - 50 foot half of 100 foot right of way. 3. Eisenhower Drive (Primary Arterial) - 50 foot half of 100 foot right of way. B. PRIVATE STREETS Primary Entry Drive (off Eisenhower Drive): Minimum 48 feet in width (measured from back of curb to back of curb) within the right of way; textured concrete paving shall be used for driveway surfaces within 80 feet of Eisenhower Drive. All other streets shall be approved by the City Engineer. C. CULS DE SAC For cuts de sac use Riverside County Standard 800 (symmetric) or 800A (offset) with 39.5-foot radius, or larger, or specific design as approved by the City Engineer. For non-standard culs de sac, right of way dedication shall be as required by the City Engineer. 6. The applicant shall create perimeter setbacks along public rights of way as follows (listed setback depth is the average depth if meandering wall design is approved): ^r USE P:\BETTY\Cameo\CameoCC-SPCOA.wpd 0 ex 3 City Council Resolution 2002 -_ Conditions of Approval Recommended Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 3 A. Eisenhower Drive (Primary Arterial) - 20-feet B. Calle Tampico (Primary Arterial) - 20-feet C. Avenida Bermudas - 10-feet The setback requirement applies to all frontage including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall dedicate blanket easements for those purposes. 7. Existing aerial lines within or adjacent to the proposed development and all proposed utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt from this requirement. 8. The applicant shall install the following street improvements to conform with the General Plan street type noted in parentheses. (Public street improvements shall conform with the City's General Plan in effect at the time of construction.) A. OFF -SITE STREETS 1. Calle Tampico (Primary Arterial) - Construct modification to raised median to include a dedicated left turn lane to the site from eastbound Calle Tampico @ Avenida Mendoza. Applicant shall bear the cost of roadway improvements on the outer twenty (20) feet of the roadway. Eisenhower Drive (Major Arterial) - Construct 38-foot half of 76- foot improvement (travel width, excluding curbs) plus 8 ft. meandering sidewalk. Applicant shall construct the full raised center median. Center median shall include turning pocket for left turn for southbound Eisenhower Drive. Applicant to design improvement to compliment the alignment of the bridge. In lieu of constructing the permanent raised median, the applicant shall install a 6-inch curb berm on pavement that delineates an interim median lay out. The lay out shall be defined during the design of the street improvements, and take into account the unwidened bridge and the turning movement restriction. P:\BETTY\Cameo\CameoCC-SPCOA.wpd City Council Resolution 2002 - — Conditions of Approval - Recommended Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 4 Applicant shall bear the cost of roadway improvements on the outer twenty (20) feet of the roadway. The cost of the median modifications shall be reimbursed from the Development Impact Fee fund in an amount not to exceed the budgeted amount. 2. Avenida Bermudas (Collector) - Reconstruct the northwest corner of Avenida Bermudas and Calle Tampico and install new curb at 32 feet west of centerline, widening Avenida Bermudas for 100 feet north of the curb return. Provide 15:1 taper from 32 feet to 20 feet. Provide additional lane on the west side of centerline to provide dedicated left turn lane and through/right turn lane. Provide additional paving as necessary on the east side of the centerline, if no paving exists, to provide for a total of two 14 foot travel lanes. B. PRIVATE STREETS - 1. Eisenhower Drive Project Entry: Construct minimum 48 foot full width improvements (measured from back of curb to back of curb) within the right of way. 2. All on street parking is prohibited and the applicant shall be required to provide for the perpetual enforcement of the restriction by the Homeowners' Association for condominiums or property management agency for apartments. Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus turnouts, dedicated turn lanes, and other features contained in the approved construction plans may warrant additional street widths as determined by the City Engineer. 9. The applicant shall make provisions for continuous; perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. 10. The applicant shall provide landscaping in required setbacks, retention basins, common lots, levees and park areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. P:\BETTY\Cameo\CameoCC-SPCOA.wpd G! � J City Council Resolution 2002 - — Conditions of Approval - Recommended Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 5 11. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. The applicant shall submit plans for approval by the Community Development Department prior to plan checking by the Public Works Department. When plan checking is complete, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner prior to submitting for signature by the City Engineer. Plans are not approved for construction until signed by the City Engineer. 12. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn shall be minimized with no lawn or spray irrigation within 18 inches of curbs along public streets. 13. Landscape plans, which shows plant size, location, berming and walls shall be submitted to the Architecture and Landscape Review Committee for review and approval prior to issuance of building permits. Street trees shall have a minimum 1 .5-inch caliper and be 10' tall once planted. Palm trees shall have a minimum brown trunk height of 8'-0". Parking lot trees shall have a 1.0-inch caliper and be 8'-0" tall once planted. Other related trees shall not have a caliper of less than 0.75-inches. All landscaping plans shall conform to the City's Water Efficiency Ordinance (Chapter 8.13). 14. The landscaping plan shall include all frontages on City streets, and shall be installed as part of the first phase of construction on the project site. Integrated into the landscape plan shall include a grove of Date Palms (18' high and taller) and plaque to memorialize the agricultural history of the site. 15. Development areas for SP 2001-051 are defined as follows: Planning Area #1 - Office/Commercial Planning Area #2 - Residential/Retention Basin Planning Area #3 - Resort Hotel Distribution Center Planning Area #4 - Existing KSL Resort Offices Planning Area #5 - Future Public School P:\BETTY\Cameo\CameoCC-SPCOA.wpd r` v � � City Council Resolution 2002 - — Conditions of Approval - Recommended Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 6 Special Note: No on -site development standards are specified for Planning Unit #5 as this property will be developed with a public school, subject to the requirements of the State of California and Desert Sand Unified School District. Regarding continued development in Planning Area #3, any new development projects shall require approval of a Village Use Permit by the Planning Commission. Furthermore, any applicable conditions of City Council Resolution 2001-18 shall be met unless otherwise defined hereon. 16. Buildings shall not exceed a height of 35 feet. Architectural features may extend up to 40 feet, subject to approval by the Community Development Director. Building features higher than 40'-0" shall be submitted to the Planning Commission for review and possible approval. 17. The maximum residential density for Planning Areas #1 and #2 is 16 dwelling units per acre, unless affordable units are offered. An Affordable Agreement shall be approved by the City's Redevelopment Agency and recorded against the property for a term of not less than 55 years outlining the percentage of units within the development that are income restricted not to exceed a site allocation of 200 housing units. Additional live/work residential units may be located in Planning Area #1, subject to approval by the Community Development Director. Each residential dwelling unit shall have one covered parking space while open parking spaces shall be commonly shared. A residential parking ratio of 2.3 per unit shall be maintained. Minimum liveable square per apartment unit shall be 670 square feet and larger. 18. 30% of office/commercial parking areas shall be covered by trellis structures. Plans shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. 19. Prior to the issuance of grading permits, the Specific Plan and Village Use Permit documents shall be amended to show the location of all trash enclosures on the site. The plans shall be submitted to the Community Development Department for review and approval. 20. A master signage program shall be submitted for review and approval by the Planning Commission (i.e., Business Item), subject to the requirements of the Zoning Code. h f� P:\BETTY\Cameo\CameoCC-SPCOA.wpd t. r City Council Resolution 2002 - — Conditions of Approval - Recommended Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 7 21. Specific Plan 2001-051 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2001-41 1 Revised • Village Use Permit 2001-007 Amendment #1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed by the City Council. 22. Minor changes, as determined by the Community Development Director to be consistent with the intent and purpose of the Specific Plan, may be approved. Examples include modifications to landscaping materials and/or design, parking and circulation arrangements not involving reductions in required standards beyond those identified in the Specific Plan, minor site, building area or other revisions necessary due to changes in technical plan aspects such as drainage, street improvements, grading, etc. Such changes may be approved on a staff - level basis and shall not constitute a requirement to amend the Specific Plan. Consideration for any modifications shall be requested in writing to the Director and submitted with appropriate graphic and/or textual documentation in order to make a determination on the request. 23. Buildings that have been planned under a Village Use Permit application do not require a separate Site Development Permit application in order to be built. 24. Perimeter wall heights for the apartment complex shall not exceed 8'-0". Open wrought iron or tubular metal fencing is recommended to enclose the west and north sides of Planning Area #2. 25. Each planning area shall include a shaded areas for bicycle storage racks. The use of loop and ribbon bars are encouraged. 26. Parking requirements set forth in Chapter 9.150 of the Zoning Code shall be meet, unless otherwise allowed by the conditions noted herein. Two-way parking driveway aisles for the residential component of the Plan may be 24 feet wide as noted on the Technical Site Plan (Revision #2) exhibit. Parking lot light fixtures shall not exceed 18'-0" in overall height as measured from } ? adjacent paved surfaces. i.' P:\BETTY\Cameo\cameoCC-SPCOA.wpd City Council Resolution 2002 - — Conditions of Approval - Recommended Specific Plan 2001-051 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 8 27. The Specific Plan text shall include discussion specifically noting the future school site is deleted from the Specific Plan. 28. The Specific Plan text shall be amended to include the KSL Administrative Offices as a Planning Area. 29. KSL shall record an easement for pedestrian access between the multi -family project and Avenida Bermudas, prior to issuance of a grading permit. 30. The Specific Plan text for Planning Area III shall include design guidelines compatible with the other Planning Areas. 31. The Specific Plan shall include a statement that this Amended Specific Plan supercedes the original Specific Plan. P:\BETTY\Cameo\CameoCC-SPCOA.wpd RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, APPROVING DEVELOPMENT CHANGES TO A MIXED LAND USE PROJECT ON APPROXIMATELY 33 ACRES LOCATED ON THE NORTHWEST CORNER OF AVENIDA BERMUDAS AND CALLE TAMPICO CASE NUMBER: VILLAGE USE PERMIT 2001-007 AMENDMENT #1 APPLICANT: CAMEO HOMES WHEREAS, the City Council of the City of La Quinta, California, did on the 1 st and 15th days of October, 2002, hold duly noticed Public Hearings for Cameo Homes for review of changes to a mixed land use development on 33 ± acres located on the northwest corner of Calle Tampico and Avenida Bermudas, more particularly described as: Assessor's Parcel Numbers 773-022-014 and 773-022-032 Parcels 1-4 of Parcel Map 29886; Portion N %2 of Section 1, T6S, R6E, SBBM WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 3`d and 241h days of September, 2002, and 81h day of October, 2002 hold duly noticed Public Hearings for Cameo Homes, and after deliberation, adopted Resolution 2002-094 recommending to the City Council approval of development request, subject to findings and conditions. WHEREAS, the this development application has generated the following actions: WHEREAS, on July 8, 2002, the Community Development Department mailed case file materials to all affected agencies for their review and comment. All written comments are on file with the Community Development Department; and WHEREAS, the Architecture and Landscape Review Committee for the City of La Quinta did, on the 71h day of August, 2002, recommend approval of the proposed mixed land use project on 12.04 acres (Planning Areas #1 and #2 of SP 2001-051 Amendment #1) by adoption of Minute Motion 2002-032, subject to conditions of approval; and WHEREAS, the City published a notice of its intention to adopt revisions to Environmental Assessment 2001-411 in the Desert Sun newspaper on August 22, 2002 and September 19, 2002, and further caused the notice to be filed with the Riverside County Clerk on August 8, 2002 for a 30-day period, in accordance with Section 15072 of the California Environmental Quality Act (CEQA) statutes. On P:\BETTY\Cameo\CameoCCReso-VUP.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Cameo Homes for Village Use Permit 2001-007 Amendment #1 Adopted: October 15, 2002 Page 2 September 26, 2002, the Community Development Department mailed a copy of the completed Environmental Assessment to the Departments of Fish and Game and U.S. Wildlife Service for their review and comment; and WHEREAS, the City mailed public hearing notices to all property owners within 500 feet of the project site on August 13, 2002 and September 6, 2002 pursuant to Section 9.200.110 of the Zoning Code. All written correspondence is on file with the Community Development Department; and WHEREAS, during the comment period, the City received comment letters on the development request from local public agencies. Community Development Department personnel reviewed and considered these comments, and prepared written responses to these comments which are contained in the staff report and/or recommended conditions; and WHEREAS, on January 18, 2001, and June 21, 2001, the City's Historic Preservation Commission reviewed Historical/Archaeological Resources Survey and Testing Reports (Vista Montalia Development) for the 33-acre site, previously known as the "Hunt Date Garden." Based on this information, Minute Motions 2001-002 and 2001 -011 were adopted requiring site work to be stopped if cultural material is discovered during construction activities; and WHEREAS, the City Council of the City of La Quinta, California, did on the 6t' day of March, 2001, hold a duly noticed Public Hearing for KSL Development Corporation for review of development plans for residential guest rooms and a 20,600 square feet office building on a portion of a 33-acre site located on the northeast corner of Eisenhower Drive and Calle Tampico, and after deliberation, adopted Resolution 2001-19 for Village Use Permit 2001-007, approving the request on a 5-0 vote; and WHEREAS, the Planning Commission approved Resolution 2001-155 on December 11, 2001 approving a General Plan Consistency Finding to vacate portions of Avenida Bermudas to assist development of the Vista Montana project. City Council Resolution 2002-03 finalized this street vacation request on January 15, 2002; and WHEREAS, on June 29, 2001, Tentative Parcel Map 29886 was recorded with the County of Riverside establishing four development parcels on 32.5 a res n within the boundaries of Specific Plan 2001-051, based on City Council Resolution 2001-46; and P:\BETTY\Cameo\CameoCCReso-VUP.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Cameo Homes for Village Use Permit 2001-007 Amendment #1 Adopted: October 15, 2002 Page 3 WHEREAS, since approval of Vista Montana Development, KSL Land Corporation has built an office building of 17,891 square feet on Calle Tampico and employee parking lot for 94 vehicles with access to Avenida Bermudas, and to the north of this facility is an additional 285 vehicle parking lot for the La Quinta Resort and Club and 1.4-acre retention basin on Parcels 3 and 4 of Parcel Map 29886. WHEREAS, on August 20, 2002, the Community Development Director approved Tentative Parcel Map 30721 to subdivide 29.82 acres into four development parcels in conformance with the proposed amendments being addressed herein. Final map processing is ongoing. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did adopted findings for approval of said Village Use Permit Amendment: 1. The proposed Village Use Permit is consistent with the General Plan goals, policies and programs relating to the Village Commercial land use designation, and supports resort residential and commercial opportunities for the residents and visitors to the Cove and historic downtown. 2. The proposed Village Use Permit is consistent with the standards of Specific Plan 2001-051 Amendment #1, which establishes development standards for the project. 3. The proposed Village Use Permit will not be detrimental to the public health, safety and welfare, as it has been designed to be compatible with surrounding development, and conform with the City's standards and requirements, as conditioned. 4. The proposed Village Use Permit complies with the architectural design standards for Specific Plan 2001-051 Amendment #1, and implements the high quality standards called for in that document. 5. The proposed Village Use Permit is consistent with the landscaping standards and palette in Specific Plan 2001-051 Amendment #1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: r r7 P:\BETTY\Cameo\CameoCCReso-VUP.wpd L' v ,., City Council Resolution 2002-_ Conditions of Approval - Recommended Cameo Homes for Village Use Permit 2001-007 Amendment #1 Adopted: October 15, 2002 Page 4 1. That the above recitations are true and constitute the findings of the City Council in this case; 2. The location of the documents which constitute the record of proceedings upon which the City Council decision is based is the La Quinta City Hall, Community Development Department, 78-495 Calle Tampico, La Quinta, California 92253, and the custodian of those records is Jerry Herman, Community Development Director; 3. That it does hereby confirm the conclusion that Environmental Assessment 2001-41 1 Revised assessed the environmental concerns of this Village Use Permit Amendment; and 4. That it does hereby approve Village Use Permit 2001-007 Amendment #1 for the reasons set forth in this Resolution, and subject to the Conditions of Approval attached hereto; and PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t' day of October, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk � el 4 City of La Quinta, California r- r; 3 ti P:\BETTY\Cameo\CameoCCReso-VUP.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Cameo Homes for Village Use Permit 2001-007 Amendment #1 Adopted: October 15, 2002 Page 5 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\BETTY\Cameo\CameoCCReso-VUP.wpd CITY COUNCIL RESOLUTION 2002-_ CONDITIONS OF APPROVAL - RECOMMENDED VILLAGE USE PERMIT 2001-007 AMENDMENT #1, CAMEO HOMES OCTOBER 15, 2002 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "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 developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of any permit by the City, the applicant shall obtain the necessary permits and/or clearances from the following agencies: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 3. This Village Use Permit application shall run concurrently with the Conditions of Approval for Specific Plan 2001-051. Phased site improvements shall be addressed during review of any Precise Grading Plan application. 4. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd G` J City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 2 A. For construction activities including clearing, grading or excavation of land that disturbs five (5) acres or more of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this Site Development Permit. C. 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. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practice ("BMPs"), 8.70.020 (Definitions), LQMC: 1) Temporary Soil Stabilization (erosion control). 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 approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 5. Prior to the issuance of any permit(s), the applicant shall acquire, or confer, those easements, and other property rights necessary for the construction and/or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services, and for the maintenance, construction and reconstruction of essential improvements. P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 3 6. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, and other features contained in the approved construction plans. 7. The perimeter setback requirements are addressed and approved under Specific Plan 2001-051, Resolution No. 2001-18. 8. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, park lands, and common areas shown on the plan. 9. Direct vehicular access to Eisenhower Drive from any portion of the site from frontage along Eisenhower Drive is restricted, except for those access points identified on the site plan for this project, or as otherwise conditioned in these conditions of approval. 10. 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, ingress/egress, or other encroachments will occur. 11. 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 Site Development Permit and the date of final acceptance of the on and off -site improvements for this Site Development Permit, unless such easement is approved by the City Engineer. 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. 12. 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 Section 13.24.040 (Improvement Plans), LQMC. 13. The following improvement plans shall be prepared and submitted for review and approval by the City. 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 J 1r 0 P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd C i'" 7 v I City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 4 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. Perimeter Landscape Plan: 1 " = 20' Horizontal B. On -Site Rough Grading Plan: 1 " = 40' Horizontal C. On -Site Precise Grading Plan: 1 " = 30' Horizontal D. Site Development Plans: 1 " = 30' Horizontal E. Site Utility Plan: 1 " = 40' Horizontal 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. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements; and show the existing street improvements out to at least the center lines of adjacent existing streets. "Site Utility" plans shall normally include all sub -surface improvements including but not necessarily limited to sewer lines, water lines, fire protection and storm drainage systems. "Rough Grading" plans shall 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. 14. The City maintains standard plans, details and/or construction notes for elements of construction. For a fee, established by City resolution, the applicant may purchase such standard plans, detail sheets and/or construction notes from the City. 15. The applicant shall furnish a complete set of the AutoCAD files of all complete, approved improvement plans on a storage media acceptable to the City Engineer. The files shall be saved in a standard AutoCAD format so they may be fully retrievable through a basic AutoCAD program. At the completion of construction, and prior to the final acceptance of the �� 3 improvements by the City, the applicant shall update the AutoCAD files in order to reflect the as -built conditions. C` 8 P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 5 Where the improvement plans were not produced in a standard AutoCAD format, or a file format which can be converted to an AutoCAD format, the City Engineer will accept raster -image files of the plans. Improvement security agreement is set forth under the Conditions of Approval for Parcel Map 30721. 16. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 17. 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. 18. 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 qualified engineer or architect, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. Storm Water Pollution Prevention and Best Management Plans. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 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 submitted with its application for a grading permit. 19. 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. � I� P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd f r City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 6 20. Grading within perimeter setback and parkway areas shall have undulating terrain and shall conform to LQMC 9.60.240(F). The maximum slope shall not exceed 4:1 anywhere in the landscape setback area, and shall not exceed 8:1 in the first 6 feet adjacent to the curb in the right of way. 21. Building pad elevations of perimeter lots shall not differ by more that one foot from the building pads in adjacent developments. 22. The applicant shall minimize the differences in elevation between the adjoining properties and the pads within this development. Building pad elevations on contiguous interior lots shall not differ by more than three feet except for lots that do not share a common street frontage, where the differential shall not exceed five feet. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. 23. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus three tenths of a foot from the elevations shown on the Technical Site Plan, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 24. 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. 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. 25. This development shall comply with Chapter 8.11 (Flood Hazard Regulations), LQMC. Since it is located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100- year) flood and building pads are compacted to 95% Proctor Density as required J v P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd r City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 7 in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. "Stormwater handling shall conform with the approved hydrology and drainage report for La Quinta Village Apartment. Nuisance water shall be disposed of in an approved manner." 26. The applicant shall comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. 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 tributary drainage area shall extend to the centerline of adjacent public streets. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. 27. 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 provides site specific data indicating otherwise. 28. Ornamental metal fencing, a minimum height of 5'-0", shall be constructed around the 1.15-acre retention basin. Pedestrian gates shall be equipped with self -closing hardware and deadbolt lockset to ensure safety and restrict access to project residents and guests. 29. For on -site common retention basins, the basin depth shall not exceed 11 feet for 40,000 SF basin size according to Engineering Bulletin 97-03 Amendment #1. 30. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 31. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. %_ J co P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 8 32. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 33. Property must continue to accept off -site drainage from Eisenhower Drive. 34. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 35. 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. 36. 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. 37. 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. Public Street improvements shall be constructed as required by the Conditions of Approval for Specific Plan 2001-051 Amendment No. 1. 38. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements. ^r J -j,1 P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd C; C 2 City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 9 39. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Residential & Parking Areas 3.0" a.c./4.50" c.a.b. Primary Arterial 4.5" a.c./6.00" c.a.b. 40. 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. 41. In lieu of constructing the permanent raised median, the applicant shall install a 6" AC curb berm on pavement that delineates an interim median lay out. Lay out shall be defined during the design of the street improvements and take into account the unwidened bridge and the turning movement restriction. 42. The design of parking facilities shall conform to LQMC Chapter 9.150 (Parking). Entry drives, main interior circulation routes, corner cutbacks, dedicated turn lanes and other features shown on the approved Technical Site Plans, may require additional street widths as may be determined by the City Engineer. 43. General access points on Eisenhower Drive shall be limited to the following: A. Primary Entry 1. Only right turn in, right turn out and left turn in are allowed. Left turn out movement is prohibited. 2. Construct minimum 48 foot full width improvements, measured back of curb to back of curb within the right of way at the entry. v) r r', n 7 P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd �, V `� City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 10 B. Emergency access shall be gated in accordance with the Fire Department regulations. 44. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 45. 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 and parking areas shall be stamped and signed by qualified engineers. 46. Corner cut -backs shall conform to Riverside County Standard Drawings #805, unless otherwise approved by the City Engineer. 47. 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 on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 48. The applicant shall comply with Sections 9.90.040 (Table of Development Standards) & 9.100.040 (Landscaping), LQMC. 49. The applicant shall provide landscaping in the required setbacks, retention basins, common lots, levees, and park areas. 50. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, levees, and park areas shall be signed and stamped by a licensed landscape architect. ^rr P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 11 The applicant shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 51. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. 52. Only incidental storm water will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of- way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 53. Once the trees have been delivered to the site for installation, a field inspection by the Community Development Department is required before planting to insure they meet minimum size and caliper requirements noted in approved plans. All trees shall be double staked or guyed to prevent damage from seasonal winds. 54. Integrated into the landscape plan shall include a grove of Date Palms and plaque to memorialize the agricultural history of the site. 55. The landscaping plan shall include all frontages on City streets, and shall be installed as part of the first phase of construction on the project site. 56. The applicant shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 57. The applicant shall employ, or retain, qualified engineers, surveyors, and such other appropriate professionals as are required to provide the .expertise with which to prepare and sign accurate record drawings, and to provide adequate construction supervision. J ., b P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd' City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 12 58. The applicant shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 59. Upon completion of construction, 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," "As -Built" or "As -Constructed" 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 AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. 60. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 61. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. 62. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. 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. 63. 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). 64. Prior to building permit issuance, trash and recycling areas for the project shall, rN be approved by the Community Development Department. The plan will be 0 J �" reviewed for acceptability by applicable trash company prior to review by the Community Development Department. r, IL, D P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 13 65. The proposed signs shall be compatible with the architectural theme of the project in regard to quality, color, size, placement, and configuration. Additional sign components are: A. Residential Component - Only one freestanding monument sign of 24 square feet (double -sided) is allowed on Eisenhower Drive, provided indirect uplighting is used and the sign does not exceed a maximum height of 6'-0". Exposed sign surfaces, other than sign graphics, shall be stuccoed. B. Commercial Component - One individual channel letter sign per tenant space not exceeding 30 square feet (i.e., one square foot of sign per linear foot of frontage, up to a maximum of 30 square feet). If lit signs are required, only indirect or backlit reverse channel letter signs are permitted. Signs made be constructed using wood or metal, unless painted directly on walls and windows. Logos and decorative accents are permitted as a part of the tenant signs. Second story tenants, greater than 2,000 sq. ft., are permitted a wall sign with a maximum size of 25 square feet. One freestanding monument sign of 30 square feet (double -sided) is allowed per street frontage or development parcel, provided indirect uplighting is used and the sign does not exceed a maximum height of 8'- 0". Exposed sign surfaces, other than sign letters, shall be stuccoed. C. Colors, copy style and layout are not specified, but subject to individual approval by the owner prior to City approval. D. Permanent signs may be approved by the Community Development Department, unless referred to the Planning Commission (Business Item). 66. Office building elevations shall include inset windows (e.g., 12-inches and greater) . 67. All changes to the Specific Plan which are also included in the Village Use Permit shall be made to the latter to ensure consistency. The project proponent shall submit amended documents within 30 days of City Council approval of the Specific Plan and Village Use Permit. /1 M � s v P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd C U` City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 14 68. Additional site development requirements are: A. To buffer noise from adjacent uses, a solid masonry wall shall be constructed on the south and east sides of the apartment complex. Pilaster spacing shall be approximately 60' on center, unless otherwise approved by the Community Development Director. B. Vines and decomposed granite shall be used in the perimeter planters (i.e., south and east only) of the apartment complex in -lieu of shrubs and trees. C. Trees within the apartment complex shall be placed so they have adequate room to grow (a minimum 10'-0" by 10'-0" area). Parking lot trees shall be placed in minimum six-foot wide planters and be a minimum height of ten feet once installed. Bubblers shall be used to irrigate trees. D. A concept landscaping plan, which shows plant size, location, berming and walls shall be submitted to the Architecture and Landscape Review Committee for review and approval prior to issuance of building permits (1 " = 20' scale). E. Textured concrete paving shall be used to construct driveway surfaces within 80 feet of Eisenhower Drive within Planning Area #1. 69. Minor amendments to the development plans shall be subject to approval by the Community Development Director. 70. Security lighting plans shall be approved by the Community Development Department Director prior to issuance of building permits. 71. A centralized mailbox delivery system shall be used for the project pursuant to any requirements of the U.S. Postal Service. 72. Oversized vehicles, recreational vehicles and trailers shall be prohibited in open or carport spaces. Parking restrictions shall be enforced by the property owner and/or manager. r, 0u1 P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd E City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 15 73. VUP 2001-007 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: • Environmental Assessment 2001-41 1 Revised • Specific Plan 2001-051 Amendment #1 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Community Development Director shall determine precedence. The Community Development Director shall cause to be filed with the County Clerk a "Notice of Determination" pursuant to CEQA Guideline § 15075(a) once reviewed by the City Council. Conditions are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. Final conditions will be addressed when plans are reviewed. A plan check fee must be paid to the Fire Department at the time construction plans are submitted. All questions regarding the meaning of the Fire Department conditions should be referred to the Fire Department Planning & Engineering staff at (760) 863-8886. 74. Approved super fire hydrants, shall be spaced every 330 feet and shall be located not less than 25 feet nor more than 165 feet from any portion of the building as measured along vehicular travel ways. 75. Blue dot reflectors shall be placed in the street 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 76. Fire Department connections shall be not less than 15 feet nor more than 50 feet from a fire hydrant and shall be located on the street side of the buildings. 77. The water mains shall be capable of providing a potential fire flow of 3000 g.p.m. and the actual fire flow from any two adjacent hydrants shall be 1500 g.p.m. for a 2-hour duration at 20 psi residual operating pressure. 78. Building plans shall be submitted to the Fire Department for plan review to run concurrent with the City plan check. P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 16 79. Water plans for the fire protection system (fire hydrants, fdc, etc.) shall be submitted to the Fire Department for approval prior to issuance of a building permit. 80. City of La Quinta ordinance requires all commercial buildings 5,000 sq. ft. or larger to be fully sprinkled (NFPA 13 Standard). Sprinkler plans will need to be submitted to the Fire Department. 81. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. 82. Fire Department street access shall come to within 150 feet of all portions of the 1" floor of all buildings, by path of exterior travel. 83. Any commercial operation that produces grease-ladden vapors will require a hood/duct system for fire protection (i.e., restaurants, drive-thru's, etc.). 84. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. Streets shall be a minimum of 20 feet wide with a height of 13'-6" clear and unobstructed. 85. Install a KNOX key box on each commercial suite. 86. Install portable fire extinguishers as required by the California Fire Code. 87. Gates entrances shall be at least two feet wider than the width of the travel lanes. Any gate providing access from a road to a driveway shall be located at least 35'-0" setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where one way road with a single traffic lane provides access to a gate entrance, a 40-foot turning radius shall be used. 88. Gates, if any, shall be equipped with a rapid entry system (KNOX): Plans shall be submitted to the Fire Department for approval prior to installation. Gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. A separate pedestrian access gate is also required. P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 17 89. The minimum dimension for access roads is 20 feet clear and unobstructed width and a minimum clearance of 13'-6" in height. Conditions are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve (12) months. Final conditions will be addressed when plans are reviewed. All questions regarding the meaning of following conditions should be addressed to Senior Deputy Andy Gerrard at (760) 863- 8950. 90. Illuminated directory signs shall be installed within the apartment complex to identify building locations and unit numbers (e.g., 5' high by 4' wide @ 20 sq. ft.). A protective Plexiglas cover shall be installed over each directory sign to discourage vandalism of sign elements. Signs shall be positioned so they are visible from main vehicular or pedestrian access points. An emergency phone number shall also be posted on each sign. 91. Each individual building and unit shall be clearly marked with the appropriate building number and address. The placement of building and unit numbers shall be positioned so as to be easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum height of 12-inches and internally illuminated. 92. Security lighting shall be provided throughout the master planned development. The lighting shall have sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises form a least 25 feet away during the hours of darkness and provide a safe and secure environment for all persons, property, and vehicles. 93. No Trespassing/Loitering signs shall be posted at the entrance of parking lots and located in other appropriate places. Signs must be at least 2' high by 1' wide (two sq. ft.) in overall size with white background and black 2" lettering. All entrances to parking areas shall be posted with appropriate signs per 22658(a) California Vehicle Code to assist in removal of vehicles at the property owner's/manager's request. J64 *7 P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd d City Council Resolution 2002-_ Conditions of Approval - Recommended Village Use Permit 2001-007 Amendment #1, Cameo Homes Adopted: October 15, 2002 Page 18 94. Pedestrian and vehicular access gates shall be installed for the apartment complex. Dual switch KNOX devices (Model 3503) shall be installed to assist emergency personnel. 95. Common use facility rooms such as conference, laundry, TV rooms, etc., shall have doors that lock and contain transparent material for surveillance (e.g., windows, etc.). 96. Dwelling front doors shall have wide -angled peepholes installed. 97. Convex mirrors shall be installed at stairwell landings if the stairwells do not have in -line sight. 98. If elevators are planned, elevator shafts and cabs shall be transparent to allow occupants to be visible. Convex mirrors shall be installed in each elevator cab. 99. Graffiti resistant paint should be applied to building and fence surfaces. 100. Enhanced paving shall be provided at the main entry on Eisenhower Drive. 101. The tot lot shall be relocated within the residential building complex area of the project to the satisfaction of the Community Development Department. P:\BETTY\Cameo\CameoCCReso-VUPCOA.wpd ATTACHMENT #1 c 0 40 c t t� J Avenue 50 4 Avenue 52 VISTA MONTANA PROJECT SITE °"l"� vista Fontana SPECIFIC PLAN AMENDMENT I NORTH SCALE: ATTACHMENT #2 MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETI A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 7, 2002 I. CALL TO ORDER 10:00 a.m. A. This meeting of the Architecture and 7anec aping Committee was called to order at 10:06 a.m. by Associate Greg Trousdell who led the flag salute. B. Committee Members present: Bil Bobbitt and David Thorns. It was moved and seconded by Co issioners Bobbitt/Thoms to excuse Committee Member Cunninghpfn. Unanimously approved. C. Staff present: /da Analyst Debbie Powell, Associate Planners Greg Trousdell e Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: NIII. CONFIRMATION OF T: A. Staff inform the Committee that Item A on the agenda had been pulled at the requeAt of the applicant. IV. CONSENT CALENDAR: A. Staff sked if there were any changes to the Minutes of July 3, 2002. Co issioner Thorns noted some minor changes. There being no further co ections, it was moved and seconded by Committee Members B. bbitt/Thoms to approve the Minutes as corrected. V. BUSINESS ITEMS: 007, Amendment #1; a request of Cameo Homes for review of architectural and landscaping plans for a multi -storied 200 unit apartment complex and two commercial buildings on 12 acres in a Village Commercial District located north of Calle Tampico and east Eisenhower Drive. 3G Iwo GAVYTD0CS\ARLC\8-7-02.wpd 1 Architectural & Landscape Review Committee Minutes August 7, 2002 1. Associate Planner Greg Trousdell gave an explanation of the project and introduced Mr. Forrest Haag, landscape architect, and Mr. Keith Labus, KTGY Group, architect for the project, who gave presentations on the project. 2. Committee Member Bobbitt asked what had happened to the previous Vista Montana project. Mr. Haag stated Desert Sands Unified School District had purchased 12 acres of the site for a school which caused a change in the master plan. 3. Committee Member Thorns asked if the stucco was to be smooth. Mr. Haag stated smooth trowel was anticipated, but had not yet been determined. 4. Committee Member Bobbitt asked what material would be used to construct the parking structure. Mr. Haag stated wood with structural steel and glu-lams. Committee Member Bobbitt suggested paralams be used instead and asked if the land use was appropriate. Staff stated the Specific Plan would have to be amended, but apartments are allowed on the site. Mr. Haag stated that in the Village area of the City, this type of use is encouraged to create vibrance to sustain the commercially planned developments. 5. Committee Member Bobbitt asked the height of the buildings in the Village Commercial district. Staff stated it is 35 feet. 6. Committee Member Thorns stated the buildings are packed onto the site with only one "people place". There needs to be another kind of recreational area. Mr. Haag stated there is a reservoir east of the project that will be a green belt with a potential for some kind of court. 7. Committee Member Bobbitt agreed there should be some additional recreational area on the site. 8. Committee Member Thorns asked what material would be used for the ground cover. Mr. Haag explained turf and shrubs with a decomposed granite trail connecting the buildings, common area, and parking areas. In regard to the recreational areas, it is hard to justify having two swimming pools with only 200 units. � E;6 G:\WPDOCS\ARLC\8-7-02.wpd 2 i) Architectural & Landscape Review Committee Minutes August 7, 2002 9. Committee Member Thoms reviewed the plans noting there is space on the site that could be developed for open space and he will recommending a secondary people space be added. 10. Committee Member Bobbitt stated he would like to see the final plant palette be brought back to the Committee. Mr. Haag asked if the final plan could come back to the ALRC. Staff stated they could. 11. Committee Member Thoms asked that between the peripheral wall and the parking spaces their is a nuisance area that should consist of a decomposed granite and the wall be a solid wall for sound attenuation. 12. Committee Member Bobbitt stated that if trees are to be added on the perimeter, the applicant should provide enough room to allow the tree to grow. Mr. Haag explained what they had proposed. 13. Committee Member Thoms stated that if they planted a substantial tree instead of two or three smaller ones, it can work better. He asked what the commercial uses would be. Mr. Haag stated the vision is retail on the first floor and residential on the second floor. Committee Member Thoms stated his concern that there wasn't much visibility from the street. 14. There being no further discussion, it was moved and seconded by Committee Members Bobbitt/Thorns to adopt Minute Motion 2002-032 recommending approval of Village Use Permit 2001- 007, subject to the conditions as submitted and amended: A. Secondary people spaces be added within the units. B. The south and east side walls be a solid wall with decomposed granite material between the parking spaces and the perimeter wall. C. The final planting concept drawings be brought back to the ALRC identifying the plant sizes and location at a 1 " = 20' scale. Unanimously approved. B. Site evelopment Permit 2001-702,; a request of La Quinta ngregations of Jehovah's Witnesses for review of architectural plans for a econd church building located on the east side of Dune Palms J (� I Road, across om the La Quinta High School. �i7 G:\WPDOCS\ARLC\8-7-02.wpd 3 ATTACHMENT #3 Planning Commission Minutes September 24, 2002 ROLL CALL: AYES: Commissioners Abels, Kirk, Robb' , Tyler, and Chairman Butler. NOES: None. ABSE one. ABSTAIN: None. 11. There being no disczasretcommended. as moved and seconded by Commissioners Abeadopt Planning Commission Resolution 2002-091 g approval of the Point Happy Sign Program 2002- ROLL CALL: AYES: ommissioners Abels, Kirk, Robbins, Tyler, and Chair an Butler. NOES: None. ABSENT: None. ABSTAIN: N e. Amendment #1, and Village Use Permit 2001-007 Amendment #1: a request of Cameo Homes and Landaq, Inc. for certification of a Revised Environmental Assessment, an Amendment to the Specific Plan design guidelines for a mixed land use development on 33 + acres including detachment of 12.72 acres for a future public school, and review of architectural and landscaping plans for a 200-unit apartment complex and two commercial pads in multiple story buildings on 12 acres located on the east side of Eisenhower Drive, north of Calle Tampico and west of Avenida Bermudas. 1. Chairman Butler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Victor Mahoney, representing Cameo Homes, gave a description of the project. 3. Commissioner Kirk asked the applicant what the view of the project would be from the street. Mr. Mahoney explained and discussion followed as to what would be seen from the street. Mr. Manny Gonzalez, architect for the project gave a further explanation of the project. 4. Commissioner Tyler asked the grade differential from the street to the project. Mr. Mahoney stated it was two feet at the entrance. " f , G:\WPDOCS\PC Minutes\9-24-02.wpd 4 \J 4 Planning Commission Minutes September 24, 2002 5. Commissioner Tyler noted items in the Specific Plan that needed to be deleted as it was carried over from the prior Specific Plan. He asked what the easterly boundary would be. Mr. Mahoney explained the Location and stated it would have a wrought iron fence. Mr. Chris Bergh noted the location of the Hotel parking lot. 6. Commissioner Kirk questioned if the density complies with the current Zoning Code. Staff stated yes, under the Village zoning designation, the Planning Commission sets the density in the Village. The highest density the City has is 16. In addition, State law allows density bonuses for affordable units and staff is working with the developer to obtain 75 units of affordability. Commissioner Kirk asked if there was a cap. Staff stated there was. Commissioner Kirk asked how many units would fall below the minimum unit size. Mr. Mahoney stated 46 units at 670 square feet. Commissioner Kirk asked if they were able to address the changes recommended by the Architecture and Landscaping Review Committee (ALRC). Mr. Mahoney stated they have made all the changes requested. Commissioner Kirk asked the location of where other recreational amenities were placed. Mr. Mahoney noted the common areas that contained barbeques, etc. 7. Commissioner Robbins asked for clarification as to whether this is an Amendment to the Specific Plan or a new Specific Plan; what happens to the KSL parking lot. Staff stated the Specific Plan covers the same parcels of dirt, but rather than preparing a new Specific Plan, staff requested the applicant to amend the Plan to show the new configuration of this parcel. Commissioner Robbins noted statements that needed to be deleted from the Specific Plan. Staff noted the Village Use Permit was submitted for the apartment complex; the specific plan is to accommodate the apartments or any other type of commercial projects. This was to give them flexibility with the project. 8. Commissioner Abels asked for more detail on the live -work commercial areas. Mr. Mahoney explained the units would be located below and the tenant would lives above the work area. Commissioner Abels asked what type of tenants they were looking for. Mr. Mahoney stated working professionals. 9. Commissioner Kirk asked the applicant for other locations where this type of project has been successful. Mr. Mahoney stated San Juan Capistrano for one, but it was not in conjunction with a' 63 G:\WPDOCS\PC Minutes\9-24-02.wpd 5 Planning Commission Minutes September 24, 2002 multi -family residential. Commissioner Kirk asked the location of the pedestrian access. Mr. Mahoney stated it is at Eisenhower Drive. They are working with KSL to obtain access at the east end of the project. 10. Commissioner Tyler noted the ALRC recommendation for a wall on the south and east perimeter; what will be done on the north side. Mr. Mahoney stated there is an existing wall on the east side and it will be a wrought iron on the south, but the units on the north would not have a wall to retain the view of the golf course. 11. Commissioner Robbins noted there would be a request of CVWD for limited access to the levy on the north side. Mr. Mahoney stated they propose to work with the CVWD to have wrought iron with shepherd hooks on the top of the fence, at the toe of the levy to not block the view. 12. Chairman Butler asked if there was any other public comment. Mrs. Kay Wolff, 77-235 Calle Ensenada, stated she did not know anything about the project before tonight. Apartments normally get a bad reputation and La Quinta does need them. When considering apartments she thinks about density, quality, management, and placement of the neighboring population and traffic. The density of this project is a concern as they are asking for considerable change. Traffic will be a big concern including the school traffic. She is not sure what could be done to improve this, but the density and traffic should be addressed. 13. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 14. Commissioner Robbins stated he agrees with the concerns on the traffic and noted there was no traffic study included with the report. A project of this size next to a school is a concern. 15. Commissioner Tyler asked what improvements are planned for Eisenhower Drive. Assistant City Engineer Steve Speer stated there has been a significant amount of planning for Eisenhower and it will be widened at this location as part of the Capital Improvement Program. With respect to the traffic generation, there is no study for this project because during the General Plan G:\WPDOCS\PC Minutes\9-24-02.wpd 6 e T �3 Planning Commission Minutes September 24, 2002 update there was no change of zoning proposed and therefore the General Plan had already took into consideration the amount of traffic that would be generated on this street. The City collects fees to provide for the traffic signals and off -site improvements. There will be a right in/right out and left -in to the site. 16. Commissioner Robbins stated he is still concerned that the traffic issues need to be address. Community Development Director Jerry Herman stated there was a traffic study done and it agrees with the information obtained during the General Plan update. 17. Commissioner Kirk stated that multi -family housing has a place in La Quinta and he agrees with the density for this site. However, he also believes there needs to be more amenities on the site and if they need to reorientate the site to provide more open space, then so be it. He would rather have the balconies, vines and trellis work that was proposed in the original plan, but also he would prefer a more urban setting, pedestrian linkages, and additional amenities. 18. Commissioner Tyler stated he agrees with Commissioner Robbins on the errors in the staff report and Specific Plan. Also, there needs to be a well planned wall on the north property line. 19. Commissioner Abels suggested the project be continued to allow the applicant time to better define some of the concerns that have been raised. 20. Chairman Butler reopened the public hearing. Mr. Forrest Haag, landscape architect for the project, explained how the Specific Plan was amended. 21. There being no further comment, the public hearing was closed. 22. Commissioner Tyler stated he believes the Specific Plan does not give enough explanation of the site. 23. Chairman Butler asked if staff believed the project could be better defined if it were allowed to come back, or could the Commission refine the conditions at this meeting. Staff stated either way. G:\WPDOCS\PC Minutes\9-24-02.wpd 7 J71 061 Planning Commission Minutes September 24, 2002 24. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abets to continue the project to October 8, 2002, asking the applicant to better clarify the Specific Plan to know what is being approved, show additional amenities woven into the site plan, improved pedestrian access to the Village and shows the location of the perimeter walls. Unanimously approved. Chairman Butler recessed the meeting the meeting at 8:44 p.m. and reconvened at 8:50 p.m. C. Zoning Code Amendment 2002-073; a request of the City for consideration of an amendment to Chapter 9.60, Section 9.60.030- Fences and Walls, of the La Quinta Municipal Code, to permit split rail fencing in the front yard within residential zones. 1. Chairman Butler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 3. There being no discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2002-092 recommending approval of Zoning Code Amendment 2002-073, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEWS: A. a request of Bill and Jan Turner for an appea \ettf a Public Nuisance Citation regarding the violation of front/side yarack, satellite dish location, and construction without a permit. 1. Chairman Bu r asked for the staff report. Community Y Development Di ctor Jerry Herman presented the information � contained in the s ff report, a copy of which is on file in the Community Developrtrt Department. G:\WPDOCS\PC Minutes\9-24-02.wpd 8 ATTACHMENT #4 Planning Commission Minutes October 8, 2002 VI. PUBLIC HEARINGS: 0 Tampico and west of Avenida Ber .,5s .:,.. E .. 1. Chairman Butler opened the p g and asked for the staff report. Principal Planner S, ented the information contained in the staff repo a co ch is on file in the Community Developm lift -1ment.:,3' er Rob stated the document is still not clear as to wha to take place and asked whether or not the school to is the Specific Plan. Staff stated it is not. missi obbins stated that nowhere in the text of the Pla does it state the school site is being deleted other site plan exhibits. Second, if the existing commercial b ghat is there was built under the Specific Plan, how can t ow not be a part of the Specific Plan. Staff stated the licant can amend the Specific Plan.and if they chose to request o delete it, it is their option. Commissioner Robbins argued that if special considerations were granted under the Specific Plan, they would now not exist as it is no longer a part of the Specific Plan. Staff noted any changes to the site would have to comply with the current zoning regulations if the building is deleted. 4. Commissioner Kirk asked the City Attorney if an existing Specific Plan deletes a portion from the Specific Plan and they request to make a change, what regulations would govern. City Attorney Jt; 3 063 G:\WPDOCS\PC Minutes\10-8-02.wpd 2 Planning Commission Minutes October 8, 2002 Kathy Jenson stated it would be governed by the existing zoning regulations for that area. Their rights would be vested as it is constructed. Also, there are conditions of approval that were used to construct the site. If an area is deleted from a specific plan they are no longer under those conditions of approval but are subject to VUP conditions. In regard to the schootefacility. , the City has no jurisdiction any part of the constru n o Chairman Butler asked how the should be handled. City JACommission is free to add should be included or delete the developed site, it is withthe Specific Plan as they be Commissioner Tyler asked if ere h changes to any of the resolutions. Staff a condi pproval had been amended to address: " in the sed Specific Plan. Chairman Butle sked if iie ould like to address the Commission.., . Forr Haag,, senting, KSL Land Holdings and Came J, Ies, ted th ;In regard to the structure of the Specific ; Sect' 2 pert, to the 33 acres of the plan as it was f Amen hould the Commission believe there is o add t built area back into the specific plan, t add it in. Based on the discussion at the last mee emoved it. The distribution center was added back sion Tyler questioned the "see -saw" on the playground and stated he thought it should be deleted as they have b ermined to be unsafe. fVictor Mahoney, representing Cameo Homes, gave a escription of the project changes. First, the pedestrian access would require them to build a six foot wall on both sides and it would have to be lighted and guaranteed to be a safe access which is impossible to do. Second, with regard to the fence on the north, he would like to suggest a removal of the existing chain link fence at the bottom of the slope and construction of a new G:\WPDOCS\PC Minutes\10-8-02.wpd 3 064 Planning Commission Minutes October 8, 2002 wrought iron picket fence on the property line. They would enter into a maintenance agreement to clean up the slope to have a consistent landscape scene. The new fence would be constructed of decorative wrought iron. Lastly, the amenities; they have added a soccer practice area, sand volleyball court, a circular tract, and a tot lot. The play equipment would be ap:701ld by their insurance carrier. Ak 10. Commissioner Kirk questioneA#Why 1111leffiffifte no desig space about area. asked if the project to the north of the Ralph's er had only one access. Staff stated yes. loner Tyler asked the applicant to identify the area of the distribution center. Mr. Haag explained the site plan. ian Butler asked if there was any other public comment. :ay Wolff, 77-227 Calle Ensenada stated she see no ement to the project that address her concerns of density, ies, and open space between the structures. It does have some good points such as the affordable units. Her concerns still are the traffic and why variances are being allowed. How do the residents of the apartments get to the Village without a left turn out of the apartments? r� G:\WPDOCS\PC Minutes\10-8-02.wpd 4 , Planning Commission Minutes October 8, 2002 14. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 15. Chairman Butler asked about the chain link fence with the barbed wire. Commissioner Robbins stated it is his un;tean nding that this is KSL's existing fence and CVWD , y access agreement. 16. Commissioner Kirk stated they reran i g chain fence and installing tubular st fencin taff t i they propose.' 17. Commissioner Robbins stated st part he is satisfied with the layout of the complex. location of the tot lot is not appropriate. In regar o the n document, it still needs to be clear and s It need `de why the school site is no longer a p s inap riate to delete a part of the project th, co d „ to it from the Specific Plan. ,l I V' �;w'' 18. Commissi Kirk lauded. a applicant on addressing the issues ra' by t ommi n. He concurred with the points raise b ay Wo does need projects like this and it is probl he "right" location. He does think this cation multi -family housing complex next to a scho would still like to see more open spaces between e bui tures. With respect to the Specific Plan, he s wi missioner Robbins' comments. Projects should aeth within a specific plan. He strongly believes there G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd 5 U Planning Commission Minutes October 8, 2002 design themes for the distribution center should also be added and he would condition the project to do so. He would also want the applicant to consider relocating the tot lot to a safer location. He would suggest that a new Specific Plan application be submitted for all the properties and their uses. 19. Commissioner Tyler agrees with keeping KS roject within no fuffifffiMscussion, it was moved and seconded by Com Robbins/Kirk to adopt Planning Commission solut 093 recommending certification of a Revised ated ive Declaration of environmental impact for en t Assessment 2002-41 1, as recommended. ROLL C ES: Commissioners Kirk, Robbins, Tyler, and Chairman `'Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. It was moved and seconded by Commissioner Robbins/Kirk to adopt Planning Commission Resolution 2002-094 recommending approval of Specific Plan 2001-051 Amendment #1, subject to the findings and conditions as amended: a. Add a condition requiring the design theme for the Planning Area III distribution center be added to the Specific Plan. J� G:\WPDOCS\PC Minutes\10-8-02.wpd 6 Cam' Planning Commission Minutes October 8, 2002 b. Add a condition requiring a statement as to the deletion of the school site from the Specific Plan. C. Add a condition requiring the existing KSL site and parking lot be added back into the Specific Plan. d. Add a condition requiring a pedestrian easement to the Village area that does not have walls on bot es. e. Add a condition that the Revised Spe c P tlocument be submitted to supercede an prior Ian that shows ,. exactly what is happeni eac ROLL CALL: AYES: Commissioner irk, Rio s, T Wh an Butler, NOES: None 1-,ABS Commls. ABSTAIN: None. 23. It was moved and seconde ioners Robbins/Kirk to adopt Planning Commission ` esolut 095 recommending approval of Village Use 001-0 dment #1, subject to the findings and amend C. 0y6�JIM2- ; a request of Lori Abdelnour (Allstate cons eration of a conversion of a two story residence to C , office a property located at the northeast corner of Avenida Bermud alle Amigo (51-650 Avenida Bermudas). 1 airman Butler opened the public hearing and asked for the staff �s 'port. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Kirk withdrew due to a potential conflict due to the location of his residence, and withdrew from the dias. 3. Chairman Butler stated this was a great location for this business and the modifications will add to the site. He asked if there was any problem with the onsite parking. Staff stated several G:\WPDOCS\PC Minutes\10-8-02.wpd 7 Planning Commission Minutes October 8, 2002 14. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 15. Chairman Butler asked about the chain link fence with the barbed wire. Commissioner Robbins stated it is his understanding that this is KSL's existing fence and CVWD may have an access agreement. 16. Commissioner Kirk stated they are removing the existing chain link fence and installing tubular steel fencing. Staff stated that is what they propose. 17. Commissioner Robbins stated for the most part he is satisfied with the layout of the complex. He believes the location of the tot lot is not appropriate. In regard to the Specific Plan document, it still needs to be clear and specific. It needs to include why the school site is no longer a part and it seems inappropriate to delete a part of the project that is completed and delete it from the Specific Plan. 18. Commissioner Kirk applauded the applicant on addressing the issues raised by the Commission. He concurred with the points raised by Kay Wolff. The City does need projects like this and it is always a problem to find the "right" location. He does think this is a good location for a multi -family housing complex next to a school site. He would still like to see more open spaces between the building structures. With respect to the Specific Plan, he agrees with Commissioner Robbins' comments. Projects should work together within a specific plan. He strongly believes there needs to be an access between this project and the Village. We can provide an easement across KSL's property to the east and it can be conditioned to do so. He suggested an easement along the eastern boundary of the school site might work. City Attorney Kathy Jenson stated the eminent domain process had already started and it would be too late to add this to the action, and while they do not have ownership, the Agency is not in a position to impose an easement without causing a problem. To create an access at this point, that may not be consistent with the school site plan, is too late. Commissioner Kirk then suggested they pursue an easement across KSL's property. He also agrees that the existing KSL structure should be kept in the Specific Plan arid, G:\WPDOCS\PC Minutes\10-8-02.wpd 5 0 ll 0 Planning Commission Minutes October 8, 2002 design themes for the distribution center should also be added and he would condition the project to do so. He would also want the applicant to consider relocating the tot lot to a safer location. He would suggest that a new Specific Plan application be submitted for all the properties and their uses. Commissioner Tyler agrees with keeping O&KSJpoject within furINWiscussion, it was moved and seconded by Robbins/Kirk to adopt Planning Commission 093 recommending certification of a Revised ive Declaration of environmental impact for Assessment 2002-41 1, as recommended. ES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. It was moved and seconded by Commissioner Robbins/Kirk to adopt Planning Commission Resolution 2002-094 recommending approval of Specific Plan 2001-051 Amendment # 1, subject to the findings and conditions as amended: a. Add a condition requiring the design theme for the Planning Area III distribution center be added to the Specific Plan. G:\WPDOCS\PC Minutes\10-8-02.wpd 6 U `� Planning Commission Minutes October 8, 2002 b. Add a condition requiring a statement as to the deletion of the school site from the Specific Plan. C. Add a condition requiring the existing KSL site and parking lot be added back into the Specific Plan. d. Add a condition requiring a pedestrian easement to the Village area that does not have walls on both sides. e. Add a condition that the Revised Specific Plan document be submitted to supercede any prior Specific Plan that shows exactly what is happening on each parcel. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 23. It was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-095 recommending approval of Village Use Permit 2001-007 Amendment #1, subject to the findings and conditions as amended: a. Add a conditions requiring the tot lot location be relocated. b. Enhanced paving incorporated back into the project. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. Chairman Butler recessed the meA ng at 8:24 p.m. and reconvened at 8:29 p.m. C. Vollaae Use Permit 2001-,014; a request of Lori Abdelnour (Allstate Insurance) for consideratioN of a conversion of a two story residence to office use for the property cated at the northeast corner of Avenida Bermudas and Calle Amigo (5 -650 Avenida Bermudas). 1. Chairman Butler opened the ublic hearing and asked for the staff report. Principal Planner St n Sawa presented the information contained in the staff report, copy of which is on file in the Community Development Depar ent. 2. Commissioner Kirk withdrew due to potential conflict due to the location of his residence, and withdre from the dias. 3. Chairman Butler stated this was a great to tion for this business J 1. and the modifications will add to the site. asked if there was any problem with the onsite parking. Staff stated several G:\WPDOCS\PC Minutes\ 1 0-8-02.wpd TW�t 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: October 15, 2002 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing on Zoning Code Amendment 2002- PUBLIC HEARING: 073, a Request to Amend Chapter 9.60.030-Fences and Walls, of the La Quinta Municipal Code to Permit Split Rail Fencing in the Front Yard Within Residential Zones Move to take up Ordinance No. _ by title and number only and waive further reading. Move to introduce Ordinance No. _amending Section 9.60.030.E.1.a, and adding a new Section 9.60.030.E.1.d, permitting split rail fencing in residential zones. None None. On September 3, 2002, staff requested direction from the Planning Commission regarding whether split rail fencing should be allowed in the front yard. Following discussion, the Commission directed staff to prepare revisions to the Zoning Code allowing split rail fencing. Current regulations prohibit wood fencing in the front yard. With the exception of those fences that were constructed prior to the existing regulations, front yard fencing must consist of wrought iron, tubular steel, block, masonry or a combination of the two. Historically, split rail fencing has been constructed of wood. Homes with existing wood split rail fencing can be found in residential areas of the City. Some have the traditional wood post, others use brick, or block columns for the rail supports. P:\Jerry\CCreptZCA073-splitrail.wpd On September 24, 2002, the Planning Commission conducted a public hearing on this matter and recommends the City Council adopt a Zoning Code Amendment that would permit wood split rail fencing in residential zones. The Exhibit to the Ordinance provides the standards recommended by the Planning Commission. FINDINGS AND ALTERNATIVES: The findings necessary to approve this request can be made, and are included in the attached Ordinance. The alternatives available to the City Council include: 1 . Move to take up Ordinance No. _ by title and number only and waive further reading. Move to introduce Ordinance No. _ amending Section 9.60.030.E.1.a, and adding a new Section 9.60.030.E.1.d, permitting split rail fencing in residential zones; or 2. Do not adopt the above Ordinance; or 3. Remand the request to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. Respectfully submitted, for Attachments: Approved for Submission, Thomas P. Genovese, City Manager 1. Planning Commission minutes of September 24, 2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.60, SECTION 9.60.030- FENCES AND WALLS, OF THE LA QUINTA MUNICIPAL CODE, TO PERMIT SPLIT RAIL FENCING IN THE FRONT YARD WITHIN RESIDENTIAL ZONES CASE NO.: ZCA 2002-073 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of October, 2002 hold a duly noticed Public Hearing to amend Section 9.60.030 of the Municipal Code, to allow split two rail wood fencing in the front yard within residential zones; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of September, 2002, hold a duly noticed Public Hearing to amend Section 9.60.030 of the Municipal Code, to allow split two rail wood fencing in the front yard within residential zones; and WHEREAS, the text amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; and WHEREAS, at said 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 approving said Zoning Code Amendment: 1. The proposed text changes are consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed text changes will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The proposed text changes supports the orderly development of the City. 4. That it does approve Zoning Code Amendment 2002-073 for the reasons set forth in this Ordinance and as contained in Exhibit "A" attached hereto. 384 P:\Jerry\CC-Ord-ZOA073-splitrail.wpd 003 Ordinance No. Zoning Code Amendment 2002-073 Adopted: October 15, 2002 SECTION 2. ENVIRONMENTAL. This Zoning Code Amendment has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the Amendments are found to be exempt from CEQA pursuant to Chapter 2.6. Section 21080 of the Public Resources Code, and Section 15268, Ministerial Projects, 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. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 15th day of October, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: (,A M. KATHERINE JENSON, City Attorney City of La Quinta, California P:\Jerry\CC-Ord-ZOA073-splitrail.wpd EXHIBIT "A" SECTION 9.60.030 FENCES AND WALLS. AMEND: E. Fence Construction and Materials. All fencing in... 1. Wood Fencing. a. Except for gates, split two rail fencing , and equestrian fencing regulated... ryy X„�ll P:\Jerry\CC-Ord-ZOA073-splitrail.wpd ATTACHMENT #1 Planning Commission Minutes September 24, 2002 24. There being no further discussio , it was moved and seconded by Commissioners Kirk/Abels t ontinue the project to October 8, 2002, asking the applica to better clarify the Specific Plan to know what is being a roved, show additional amenities woven into the site plan, i proved pedestrian access to the Village and shows the locati of the perimeter walls. Unanimously approved. Chairman Butler recessed the yr%eting the meeting at 8:44 p.m. and reconvened at 8:50 p.m. C. Zoning Code Amendment 2002-073; a request of the City for consideration of an amendment to Chapter 9.60, Section 9.60.030- Fences and Walls, of the La Quinta Municipal Code, to permit split rail fencing in the front yard within residential zones. 1. Chairman Butler opened the public hearing and asked for the staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 3. There being no discussion, it was moved and seconded by Commissioners Tyler/Abets to adopt Planning Commission Resolution 2002-095 recommending approval of Zoning Code Amendment 2002-073, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: A. Notmc f Public Nuisance Citation #6559 a request of Bill and Jan Turner for an a eal of a Public Nuisance Citation regarding the violation of front/side y d setback, satellite dish location, and construction without a permit.. 1. Chairman Bu r asked for the staff report. Community ' Development Dire or Jerry Herman, presented the information contained in the staf port, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\9-24-02.wpd 8 Ti4 4 4Qu1«1w COUNCIL/RDA MEETING DATE: October 15, 2002 ITEM TITLE: A Joint Public Hearing Between the La Quinta City Council and Redevelopment Agency to Consider a Proposed Disposition and Development Agreement Between the Agency and Senior Affordable Housing Corporation No. 3. (SAHC) The Purpose of the Hearing is to Receive Public Testimony on the Proposed Disposition and Development Agreement for Affordable Covenants With SAHC that Would Facilitate SAHC to Construct 80 Senior Rental Units on Property Located at the Southwest Corner of Adams Street and Avenue 47. SAHC Will Make the Units Available at Affordable Rental Rates AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Disposition and Development Agreement and authorize the Mayor to sign and the City Manager to execute the necessary documents. Approving the Disposition and Development Agreement will result in the expenditure of $887,000 of land sale proceeds. The Agreement provides that the Agency will sell a 10.17-acre parcel to Senior Affordable Housing Corporation No. 3 for $1,000,000; $887,000 of this amount will remain in an escrow account to fund site and building improvements, and designate 79 units for very -low income senior households. The remaining $1 13,000 of sale proceeds will be deposited into the Agency's Low and Moderate Income Housing Fund. In April 2001, the Agency entered into an Option Agreement with Southern California Presbyterian Homes ("SCPH") that reserved a 10.17 acre Agency -owned parcel ("Site") for an 80-unit senior citizen apartment complex ("Development"). Senior Affordable Housing Corporation No. 3 ("Developer") is a development entity of SCPH, a non-profit public benefit corporation that develops and operates affordable senior , citizen housing communities throughout Southern California. SCPH's funding is GAWPDOCS\CC Stf Rpts\SCPH-CC-DDA.wpd primarily through partnering monies from the Department of Housing and Urban Development ("HUD") and local communities. The Option Agreement enabled SCPH to apply for, and subsequently secure, HUD 202 funds to underwrite 92% of the site acquisition and Development construction costs. The Site was acquired by the Agency as part of a 1999 land exchange with the A.G. Spanos Corporation. A.G. Spanos Corporation transferred the Site to the Agency in exchange for a comparable parcel located at the Agency's Avenue 48 and Jefferson Street property. A.G. Spanos subsequently constructed the Aventine Apartments at the Avenue 48 location. The Development encompasses 80 units, of which 79 will be rented to very low- income senior households. A property manager will inhabit the 80th unit. A total of nine one-story buildings will be constructed on -site, eight buildings will house one bedroom apartment units of approximately 560 square feet in size and a Library, TV room, computer room and laundry facilities. The ninth building will house the manager's unit, office space, the mailroom, a multi -purpose room and kitchen facilities. Attachment 1 presents the Summary Report for the Agreement. This Report details the total costs of the Agreement to the Agency including land purchase expenses and the cost of funds used to acquire the Site (the Agency used proceeds from the 1995 Housing Bonds). To date, the Agency has invested $1,704,000 in the Site through a combination of land acquisition costs ($1,200,000) and estimated Bond interest expense ($504,000). Per the Agreement the Site will be sold to the Developer at a cost of $1,000,000; $887,000 of the land sale proceeds will remain in escrow to fund site and building improvements that are not eligible for HUD funding, but were required as part of the City's review process in order to insure that the Development complies with City design and development standards. The sale will generate net proceeds of $113,000, which when applied to the total Agency investment, reduces it to $1,591,000. This translates to a per unit cost of approximately $20,000 for the 79 very -low income units. In order to facilitate the City's development standards and obtain 79 very -low income senior units, the $887,000 of Agency assistance will fund the following: • Selling the 10-acre site to SCPH at a reduced cost in order to obtain a density of eight units per acre. HUD encourages higher density affordable housing development in order to reduce the land cost component. The developer initially proposed to build the 80 units on an eight acre parcel, but the Agency elected to reduce the land cost so that they could afford to build the 80-unit community on the 10.17-acre parcel. • Outdoor patios for each residential unit. • Covered carports to accommodate the desert climate. • Additional on -site parking and landscaping. • A pool to enhance the apartment community's recreational amenities. • Utility connection fees. out G:\WPDOCS\CC Stf Rpts\SCPH-CC-DDA.wpd `) �+ As part of providing assistance, the Agency will receive 79 very -low income affordability covenants that will require the units to feature rents affordable to very - low income senior households for a 40 year period. Starting the forty-first year, the developer will be allowed to rent units to low and moderate -income senior households. This latter provision is due to the HUD funding requirements. The City's Housing Element identifies an acute need for senior housing particularly, affordable senior housing, that accommodates the facility and location needs of seniors. As cited in the Housing Element, the City's overall senior population (aged 65 and older) has increased from 9.6 percent of the total population in 1990 to 13.4 percent in 2000. Both the Development and the for sale units proposed for the Agency's Avenue 48 and Adams Street property will play a role in addressing this particular housing need. However, as presented in the Housing Element, the City has a growing need for affordable family housing. Once this and the Avenue 48 senior developments are underway, the Agency will need to turn its attention to facilitating additional affordable family housing development. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Disposition and Development Agreement and authorize the Mayor to sign and the City Manager to execute the necessary documents; or 2. Do not adopt a Resolution of the City Council approving the Disposition and Development Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, ry Herman nmunity Development Director Approved for submission by: • Thomas P. Genovese, City Manager Attachments: 1 . Summary Report and Disposition and Development Agreement . Uu3 3 9 G:\WPDOCS\CC Stf Rpts\SCPH-CC-DDA.wpd RESOLUTION 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SENIOR AFFORDABLE HOUSING CORP. NO. 3 WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the Community Redevelopment Law (California Health & Safety Code § 33000, PA =.) ("CRL") to carry out the purposes of redevelopment in the City of La Quinta ("City"); and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan for Project Area No. 2 ("Project Area"); and WHEREAS, the Agency staff has negotiated a Disposition and Development Agreement ("Agreement") by and between the Agency and Senior Affordable Housing Corp. No. 3 ("Developer") pursuant to which the Agency proposes to convey to the Developer certain real property located within the Project Area ("Property") for the sum of One Million Dollars ($1,000,000). In addition, pursuant to the Agreement the Agency proposes to provide financial assistance to the Developer not to exceed the sum of Eight Hundred Eighty -Seven Thousand Dollars ($887,000) to be applied solely toward approved development and maintenance costs, as set forth in the Agreement, and Developer is to redevelop the Property to construct a residential apartment complex containing eighty (80) units ("Project"), 79 of which shall be restricted for use as affordable units, which Project is consistent with the Redevelopment Plan for the Project Area and the General Plan of the City; and WHEREAS, Health & Safety Code § 33433 requires that the Agency prepare a Summary Report prior to disposing of property located in a redevelopment project area and that the Agency Board and City Council conduct a noticed joint public hearing with respect to the Agreement, and that the approval of the Agreement be accompanied by certain findings and determinations as set forth therein; and WHEREAS, a Summary Report for the Agreement has been prepared and the City Council has reviewed the Summary Report and has evaluated any other information pertaining to the findings required thereto; and WHEREAS, on the 15th day of October, 2002, the Agency and the City Council held a joint public hearing on the proposed Agreement at which time the City Council reviewed and evaluated all of the information, testimony and evidence presented during the public hearing; and G:\WPDOCS\CCReso-COA\SCPH DDA Reso.wpd.doc J �j^ 1 0 A City Council Resolution 2002- Senior Affordable Housing Corp. No. 3 Disposition and Development Agreement Adopted: October 15, 2002 WHEREAS, the environmental impacts of the development of the Project on the Property were previously evaluated in accordance with the requirements of the California Environmental Quality Act, and no additional impacts not previously addressed will result from this Agreement. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta as follows: Section 1. That the above recitals are true and correct and incorporated herein. Section 2. That the City Council does hereby find and determine as follows: a. The Agreement effectuates the purposes of the CRL and the Redevelopment Plan, is in the best interests and welfare of the City of La Quinta, and is of benefit to the Project Area and the City of La Quinta, in that the Agreement assists in the redevelopment of the Project Area by the provision of needed affordable rental housing in the community for persons and families of very -low income. b. The Agency's sale of the Property and its financial contribution to the Project, will result in the provision of affordable housing and are consistent with the Agency's Second Five -Year Implementation, in that the Implementation Plan identifies the provision of low and moderate income housing opportunities as a goal and objective of the Agency. C. The consideration for the Agency's disposition of the Property is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale. Section 3. That the Agreement by and between Agency and Developer, a copy of which is on file with the Secretary of the Agency, is hereby approved. Section 4. That the Agency Executive Director and Agency Counsel are authorized to make final modifications as may be necessary to finalize the Agreement, consistent with the substantive terms approved hereby, and the Agency Executive Director is authorized to thereafter sign the Agreement on behalf of the Agency. In addition to the foregoing, the Agency Executive Director is hereby authorized to approve amendments to the Agreement and its attachments that are required by the United States Department of Housing and Urban Development as a condition to the Developer's right to receive financing from HUD for the acquisition of the Property and the development of the Project, provided that such amendments do not materially alter the terms of the Agreement. (� 0615 GAWPDOCS\CCReso-COA\SCPH DDA Reso.wpd.doc City Council Resolution 2002- Senior Affordable Housing Corp. No. 3 Disposition and Development Agreement Adopted: October 15, 2002 Section 5. That the Agency Executive Director is authorized and directed, on behalf of the Agency, to sign such other and further documents, that require the Agency's signature, and to take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. Section 6. That the City Clerk shall certify to the adoption of this resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of La Quinta, California, this 15th day of October, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAINED: JOHN J. PENA, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk, City of La Quinta, California APPROVED AS TO FORM: M. Katherine Jenson, City Attorney, City of La Quinta, California C�G6 G:\WPDOCS\CCReso-COA\SCPH DDA Reso.wpd.doc SUMMARY REPORT FOR THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SENIOR AFFORDABLE HOUSING CORPORATION NO. 3 A DEVELOPMENT ENTITY AFFILIATED WITH SOUTHERN CALIFORNIA PRESBYTERIAN HOMES OCTOBER 2, 2002 INTRODUCTION This document is the Summary Report ("Report") for the Disposition and Development Agreement ("Agreement") by and between the La Quinta Redevelopment Agency ("Agency") and Senior Affordable Housing Corporation No. 3, an entity associated with Southern California Presbyterian Homes ("Developer"). The Agreement facilitates the development of an 81-unit senior apartment community on a 10.17 parcel located southwest of the intersection of Avenue 47 and Adams Street ("Development"). An affordability covenant will be recorded against the property requiring 80 units to be restricted to very low income tenants at a rent that is affordable for that income level. The developer will have the right to change the income level from very low to low and moderate income after 40 years if a determination is made by a court or the Department of Housing and Community Development that such a change in income levels will not jeopardize the Agency's ability to count the units towards its very low income housing requirements. If such a determination is made, the income level for years 40 through 55 will be low and moderate. If such a determination is not made, however, the income level will remain at very low for the entire 55 year period. The developer desires to change the income level in the 40" years because the subsidy the developer will be receiving from HUD terminates at that time. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code (the California Community Redevelopment Law or "Law") and presents the following: • A summary of the proposed Development. • The cost of the Agreement to the Agency. • The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. • The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale of property pursuant to the Agreement will assist in the elimination of blight. City and Agency Housing Mandates Both the City of La Quinta ("City") and the Agency are required to continually promote opportunities that increase and improve the supply of housing affordable to very low, low, and moderate income households. State Planning Laws mandate the City to pursue a housing mix that accommodates both local and regional affordable housing needs by income group. The Law provides that the Agency must insure that J 9 A 008 G:\WPDOCS\Documents\SoCalPresbSumRpt.doc affordable units are produced within the Agency's two Redevelopment Project Areas. A minimum of 15% of all new and rehabilitated housing units, within these Project Areas must be affordable to very low, low, and moderate income households, 40% of the 15 % must be affordable to very low income households, and these dwellings must feature covenants that maintain their affordability for a minimum of 45 years for single family dwellings, and 55 years for multifamily dwellings. If the Agency does not implement this housing mandate the State may then withhold the Agency's non - housing redevelopment revenue. Project Description The Development encompasses 81 multi -family units that will be rented to very low- income senior citizen households aged 62 and older. The rents will remain affordable to said households for 55 years. The Developer is a non-profit public benefit corporation that develops and operates affordable senior citizen housing communities throughout Southern California. Their funding is primarily through partnering monies from the Department of Housing and Urban Development ("HUD") and local communities. In April .2001, the Agency and the Developer entered into an Option Agreement that enabled the Developer to apply for, and subsequently secure, HUD 202 funds to underwrite a majority of the site acquisition and Development construction costs. In June 2002, the City approved a Conditional Use Permit and Development Plans that entitle the Development. The senior apartment community encompasses 81 units, of which 80 will be rented to very low-income senior households. A property manager will inhabit the eighty-first unit. A total of nine one-story buildings will be constructed on -site, eight buildings will house one bedroom apartment units of approximately 560 square feet in size and a library, TV room, computer room and laundry facilities. The ninth building will house the manager's unit, office space, the mailroom, a multi -purpose room and kitchen facilities. HUD will only fund site acquisition costs, and development costs related to building a basic development that does not include the City required site and architectural amenities. In order to comply with the City's design, density and development standards while obtaining 80 affordable units within the community, the Agency agreed to fund certain site improvements and upgrades that would not be funded by HUD. These entail the following: Selling the 10-acre site to SCPH at a reduced cost in order to obtain a density of eight units per acre. HUD encourages higher density affordable housing development in order to reduce the land cost component. The Developer initially proposed to build the 81 units. on an eight acre parcel, but the Agency elected to reduce the land cost so that they could afford to build the 81-unit community on the 10-acre parcel. • Outdoor patios for each residential unit. • Covered carports to accommodate the desert climate. • Additional on -site parking and landscaping. • A pool that adds to the apartment community's recreational amenities. • Utility connection fees. U 9 �) 009 G:\WPDOCS\Documents\SoCalPresbSumRpt.doc THE COST OF THE AGREEMENT TO THE AGENCY The Agency's cost pursuant to the Agreement is $1,591,000. This is comprised of interest expense on the bond proceeds used to purchase the property, a land write- down, and funding for the site and building amenity improvements. The Agency purchased this property with proceeds from the Agency's 1995 housing bonds. These bonds feature a blended interest rate of 6%. The interest expense associated with the $1,200,000 used to purchase this property is estimated to be $504,000. The Developer will purchase the land from the Agency for $1,000,000, $200,000 less than the initial $1,200,000 purchase cost. In order to fund the site and building amenities, the Agency will place $887,000 of the $1,000,000 in land sale proceeds (from the Developer) in an escrow account that the Developer will draw down to fund these improvements. In summary, the total cost of the Agreement to the Agency encompasses the $504,000 of bond interest expenses, the $200,000 land write- down, and the $887,000 that funds the site and building amenity improvements. The Agency's $1,591,000 investment obtains 80 units that will remain affordable to very - low income senior households for 55 years at a cost of $19;900 per unit. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The Agency commissioned a letter appraisal to determine the value of the 10.17-acre parcel in 1999. The appraisal identified a value of $118,000 per acre or $1,200,000. Recent market sales data for like properties were reviewed to determine if this was a current value for this property. The review indicated that the stated per acre value is still valid. FT(h"ATFD VALUE OF THE INTEREST TO BE CONVEYED DETERMINED AT THE USE AND WITH THE CONDITIONS. COVENANTS AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT The Agreement will facilitate the sale of the 10.17-acre property for $1,000,000, $200,000 less than the appraised value. The City's development requirements for this site establish a maximum density of eight units per acre. This density reflects the maximum that the surrounding neighbors will accept. The Agency acquired this property to resolve a neighborhood conflict that was leading to litigation when a higher density multi -family apartment complex was proposed for this property. At the reduced density imposed by the City's development regulations, the property has a reuse value of $1,000,000. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The property conveyance and construction of the Development will address the following reasons for establishing the La Quinta Redevelopment Project No. 2: 1. Increasing and Improving the Supply of Affordable Housing. The Development will provide housing units that are affordable to very -low income senior households. Further, the City's Housing Element identifies an acute need to provide affordable housing opportunities for this age and income group. 2. A copy of the proposed Agreement is attached to this Report or available for review at City Hall. The proposed Agreement will be the subject of a joint public hearing with the Agency and City Council on October 15, 2002, at 7:00 . p.m. in the City Council Chambers located at 78-495 Calle Tampico, La Quinta California. 010 G:\WPDOCS\Documents\SoCalPresbSumRpt.doc DISPOSITION AND DEVELOPMENT AGREEMENT by and between - LA-QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic and SENIOR AFFORDABLE HOUSING CORP. NO.3, a California nonprofit public benefit corporation 397 538/015610-0047 247806.06 PM02 0,11 TABLE OF CONTENTS Page I. [§ 100] SUBJECT OF AGREEMENT.............................................................................. I A. [§ 101 ] Purpose of this Agreement........................................................................ I B. [§ 102] The Redevelopment Plan .......................................................................... I C. [§103] The Project Area........................................................................................1 D. [§104] The Site.....................................................................................................2 E. [§ 105] Parties to the Agreement...........................................................................2 1. The Agency...............................................................................................2 2. The Developer...........................................................................................2 F. [§106] Prohibition Against Change in Ownership, Management and Controlof Developer............................................................................................2 G. [§107] Definitions.................................................................................................3 II. [§200] DISPOSITION OF THE SITE; FINANCING THE PROJECT ...........................6 A. [§201 ] Option Agreement..................................................................................... 6 B. [§202] Sale and Purchase; Purchase Price............................................................6 C. [§203] Escrow.......................................................................................................7 1. Opening of Escrow................................................................................... 7 2. Close of Escrow........................................................................................ 7 3. Escrow Instructions...................................................................................7 4. Delivery of Documents and Funds Into Escrow ....................................... 8 5. Allocation of Costs................................................................................... 8 6. Escrow Agent Duties................................................................................9 7. Escrow Account......................................................................................10 8. Pro Rata Disbursements..........................................................................10 9. Broker's Commissions............................................................................10 10. Offset of Agency Financial Assistance...................................................10 D. [§204] Conveyance of Title and Delivery of Possession....................................10 E. [§205] Form of Grant Deed................................................................................10 F. [§206] Condition of Title.................................................................................... I I G. [§207] Payment of the Purchase Price and Recordation of the Deed .................11 H. [§208] Title Insurance......................................................................................... I I I. [§209] Taxes and Assessments...........................................................................11 J. [§210] Possession of the Site..............................................................................12 K. [§211] Zoning, Etc. of the Site...........................................................................12 L. [§212] Condition of the Site...............................................................................12 M. [§213] Disclaimer of Warranties........................................................................12 N. [§214] Conditions to Close of Escrow................................................................13 1. Agency's Conditions to Closing.............................................................13 2. Developer's Conditions to Closing.........................................................13 3. Waiver.....................................................................................................14 4. Failure of Conditions Precedent; Termination........................................14 O. [§215] Financing.................................................................................................15 1. HUD Assistance......................................................................................15 AA 538/015610-0047 247806.06 PM02 _1_ ] Pau 2. Agency Financial Assistance..................................................................15 P. [§216] Evidence of Financial Capability ...16 1. Financial Evidence..................................................................................16 III. [§300] DEVELOPMENT OF THE SITE.......................................................................17 A. [§301] Development of the Site by the Developer.............................................17 1. Scope of Development............................................................................17 2. Construction Plans; Drawings and Related Documents .........................17 3. Agency Approval of Plans, Drawings and Related Documents .............17 4. Cost of Construction...............................................................................18 5. Construction Schedule; Progress Reports...............................................18 6. Bodily Injury, Property Damage and Workers' Compensation Insurance.................................................................................................18 7. City and Other Governmental Agency Permits......................................20 8. Rights of Access.....................................................................................20 9. Local, State and Federal Laws................................................................ 20 10. Antidiscrimination During Construction................................................20 B. [§302] Taxes, Assessments, Encumbrances and Liens.......................................20 C. [§303] Security Financing; Rights of Holders....................................................21 1. No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases -Back or Other Financing for Development................................21 2. Holder Not Obligated to Construct Improvements ................................. 21 3. - Right-ofAgencyto-CureMortgage, Deed of Trust or other Security Interest Default.........................................................................22 D. [§304] Right of the Agency to Satisfy Other Liens on the Site After TitlePasses..........................................................................................................22 E. [§305] Indemnification.......................................................................................22 F. [§306] Release of Construction Covenants.........................................................23 IV. [§400] USE AND OPERATION OF THE SITE............................................................23 A. [§401 ] Uses.........................................................................................................23 B. [§402] Obligation to Refrain From Discrimination............................................24 C. [§403] Form of Nondiscrimination and Nonsegregation Clauses ......................24 D. [§404] Effect of Covenants.................................................................................25 V. [§500] DEFAULTS, REMEDIES AND TERMINATION............................................25 A. [§501] Defaults; Right to Cure and Waivers......................................................25 B. [§502] Legal Actions..........................................................................................26 1. Institution of Legal Actions....................................................................26 2. Applicable Law.......................................................................................26 3. Acceptance of Service of Process...........................................................26 C. [§503] Rights and Remedies are Cumulative.....................................................26 D. [§504] Remedies and Rights of Termination Prior to Conveyance of the Siteto the Developer...........................................................................................27 1. Termination by the Developer................................................................ 27 2. Termination by the Agency....................................................................27 538/015610-0047 247906.06 PM02 -11- Paze VI. [§600] GENERAL PROVISIONS..................................................................................28 A. [§601] Notices, Demands and communications Between the Parties.................28 B. [§602] Conflicts of Interest.................................................................................28 C. [§603] Nonliability of Agency Officials and Employees...................................28 D. [§604] Enforced Delay: Extension of Times of Performance ............................28 E. [§605] Inspection of Books and Records............................................................29 F. [§606] Plans and Data.........................................................................................29 VII. [§700] SPECIAL PROVISIONS....................................................................................29 A. [§701] Recognition of HUD Agreement.............................................................29 B. [§702] Amendments to this Agreement..............................................................30 VIII. [§800] ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS ..........................30 IX. [§900] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY ....................... 30 ATTACHMENTS 1 SITE MAP 2 LEGAL DESCRIPTION OF THE SITE 3 OPTION AGREEMENT AND ASSIGNMENT 4 SCHEDULE OF PERFORMANCE 5 GRANT DEED 6 SCOPE OF DEVELOPMENT 7 RELEASE OF CONSTRUCTION COVENANTS 8 REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS 9 MEMORANDUM OF DDA 10 PROJECT BUDGET 400 538/015610-0047 247806.06 PM02 j 4 DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the day of October, 2002 ("Effective Date"), by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency") and SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation ("Developer"). The Agency and the Developer agree as follows: I. [§100] SUBJECT OF AGREEMENT A. [§ 101 ] Purpose of this Agreement This Agreement and the Attachments hereto are intended to effectuate the Redevelopment Plan for Project Area No. 2 and the California Community Redevelopment Law (Health and Safety Code §§ 33000 et seq.) by providing for the disposition of certain real property owned by the Agency located in the Project Area No. 2 designated herein as the "Site" and the development of a housing project thereon that will provide housing opportunities for very low income elderly persons under the federal U.S. Department of Housing and Urban Development Section 202 housing program (12 U.S.C. § 1701q), including, if otherwise qualified as provided herein, those who are displaced by community redevelopment projects. Agency desires to meets its affordable housing goals by assisting Developer in the acquisition and development of the Site by providing financial assistance to Developer from the Agency's Low and Moderate Income Housing Fund (Health and Safety Code §§ 33334.2 et seq.). The sale and development of the Site pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of the City of La Quinta ("City") and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. B. [§102] The Redevelopment Plan This Agreement is subject to the provisions of the Redevelopment Plan for Project Area No. 2, which was approved and adopted by the City Council of the City prior to the Effective Date ("Redevelopment Plan"). The Redevelopment Plan, and any amendments, is incorporated herein by reference and made a part hereof as though set forth in full. Any amendment hereafter to the Redevelopment Plan (as so approved and adopted) which changes the uses or development permitted on the Site as proposed in this Agreement, or otherwise changes the restrictions or controls that apply to the Site, or otherwise affects the Developer's obligations or rights with respect to the Site, shall require the written consent of the Developer. No other amendments to the Redevelopment Plan shall require the consent of the Developer. C. [§103] The Project Area The Redevelopment Project Area No. 2 ("Project Area") is located in the City. The exact boundaries of the Project Area are specifically described in the Redevelopment Plan. 401 538/015610-0047 _ 1 247806.06 PM02 it 5 D. [§ 104] The Site The "Site" is that portion of the Project Area depicted on the "Site Map" attached hereto and incorporated herein as Attachment No. 1, and having the legal description set forth in the "Legal Description of the Site", incorporated herein as Attachment No. 2 to this Agreement. The Site consists of unimproved, vacant land. E. [§105] Parties to the Agreement The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.). The office of the Agency is located at 78-495 Calle Tampico, 92253 California. As used in this Agreement the term "Agency" includes the La Quinta Redevelopment Agency and any assigns of or successor to its rights, powers and responsibilities. 2. The Developer The Developer is Senior Affordable Housing Corp. No. 3, a California nonprofit public benefit corporation. The principal office of the Developer is located at 516 Burchett Street, Glendale, California 91203. Wherever the term "Developer" is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. F. [§ 106] Prohibition Against Change in Ownership. Management and Control of Developer The qualifications and identity of the Developer are of particular concern to the Agency, and it is because of such qualifications and identity that the Agency has entered into this Agreement with the Developer. Accordingly, from the Effective Date and continuing for the term of the Agency Regulatory Agreement, Developer shall not, except as permitted in this Section 106, permit any voluntary or involuntary transfer or assignment of all or any part of this Agreement, the Agency Regulatory Agreement, or any rights hereunder or in the Site, including any transfer of the property management responsibilities, or undergo any change in ownership, without Agency's prior written approval. As used herein, the term "transfer" shall include any assignment, hypothecation, mortgage, pledge, conveyance, or encumbrance of this Agreement, the Site, or the improvements thereon. Notwithstanding the foregoing, the following shall not be considered an assignment or transfer and shall not require Agency approval for purposes of this Section 106: a. The leasing of individual rental units on the Site provided that such leasing is in accordance with the terms of this Agreement and of the Agency Regulatory Agreement; 402 538/015610-0047 247806.06 PM02 -2- 0.16 16 b. Transfers to any transferee or assignee approved by HUD or entity or entities in which Developer has a minimum of fifty-one percent (51 %) of the ownership interest and management control; C. Transfer to a nonprofit corporation formed to own and operate the Project, provided that a majority of the board of directors of such corporation is designated by the Developer; d. Any mortgage, deed of trust, sale and leaseback, or other form of financing required for any reasonable method of financing the acquisition and development of the Project, approved by Agency in accordance with Section 303.1; and e. Management of the Project by a management agent approved by HUD. No assignment, including assignments which do not require Agency approval, but excluding assignments for financing purposeg, shall be effective unless and until the proposed assignee executes and delivers to Agency an assignment and assumption agreement in a form approved by Agency counsel, assuming the obligations of the assignor which have been assigned. Thereafter, the assignor shall be relieved of responsibility to Agency for performance of the obligations assumed by the assignee. Notwithstanding anything in this Section to the contrary, so long as the Project contemplated by this Agreement is encumbered by a Deed of Trust and/or Regulatory Agreement in favor of HUD, any proposed transferee or assignee must have the prior written consent of HUD. Nothing herein shall prohibit the Developer from transferring the Site to HUD or a transferee selected by HUD without Agency approval. G. [§107] Definitions The following terms as used in this Agreement shall have the meanings set forth below unless expressly provided to the contrary: "Agency" shall have the meaning ascribed in Section 105.1 of this Agreement. "Agency Construction Assistance" shall have the meaning ascribed in Section 215 of this Agreement. "Agency Financial Assistance" shall have the meaning ascribed in Section 215 of this Agreement. The Agency Financial Assistance is comprised of the Agency Construction Assistance and the Agency Maintenance Assistance. "Agency Maintenance Assistance shall have the meaning ascribed in Section 215 of this Agreement. 4 (i . 538/015610-0047 247806.06 PM02 - 3 - 017 "Agency Regulatory Agreement" shall mean the Regulatory Agreement and Declaration of Covenants and Restrictions to be entered into between Agency and Developer upon the Close of Escrow. The form of the Agency Regulatory Agreement shall be as set forth in Attachment No. 8 to this Agreement. "Agency's Conditions to Closing" shall mean those conditions precedent to Agency's obligation to convey the Site to Developer set forth in Section 214.1 of this Agreement. "Agreement" shall mean this Disposition and Development Agreement between Agency and Developer, including all Attachments, which Attachments are a part hereof and incorporated herein by this reference. "Approved Title Condition" shall have the meaning ascribed in Section 206 of this Agreement. "City" shall mean the City of La Quinta, a municipal corporation, organized under the laws of the State of California and having its offices at 78-495 Calle Tampico, La Quinta, California 92253. - "Closing Date" or "Close of Escrow" shall mean the date the Grant Deed conveying fee title to the Site to Developer is recorded in the Office of the County Recorder of Riverside County, which shall occur concurrently with the HUD Closing. "Developer" shall have the meaning ascribed in Section 105.2 of this Agreement. "Developer's Conditions to Closing" shall mean those conditions precedent to Developer's obligation to accept conveyance of the Site from Agency set forth in Section 214.2 of this Agreement. "Effective Date" shall mean the later of the dates this Agreement is executed on behalf of Agency and Developer, which date shall be inserted into the preamble to this Agreement. The Effective Date shall occur after public hearing and approval hereof by Agency. "Escrow" shall mean the escrow to be opened with the Escrow Agent for Developer's acquisition of the Site pursuant to Section 203 of this Agreement. "Escrow Agent" shall mean Commonwealth Land Title Company or such other escrow company approved by Developer and Agency, at its offices in Riverside County. "Executive Director" shall mean the individual duly appointed to the position of Executive Director of Agency, or his or her authorized designee. Whenever an administrative action is required by Agency to implement the terms of this Agreement, the Executive Director, or his or her authorized designee, shall have authority to act on behalf of Agency, except with respect to matters reserved for Agency Board determination "Grant Deed" shall mean the deed conveying to Developer lee simple title to the Site in the form attached hereto as Attachment No. 5. 4 C,! 538/015610-0047 247806.06 PM02 - 4 - "HUD" shall mean the United States Department of Housing and Urban Development. "HUD Capital Advance" shall mean the financial assistance to be provided by HUD to the Developer in the amount of Nine Million Five Hundred Seventy -Seven Thousand Four Hundred Dollars ($9,577,400) for the acquisition of the Site and the development of the Project thereon. "HUD Capital Advance Agreement" shall mean the agreement between HUD and the Developer pursuant to which HUD provides a HUD Capital Advance to Developer for the Project. "HUD Capital Advance Documents" shall collectively refer to the HUD Note, Deed of Trust, Regulatory Agreement, Use Agreement, Capital Advance Agreement and Project Rental Assistance Contract. The HUD Capital Advance Documents provide for long term HUD regulatory controls with respect to the Project. "HUD Closing" shall mean the point in time when all conditions of the HUD Firm Commitment are satisfied permitting the Project to commence construction. "HUD Firm Commitment" shall mean the written commitment by HUD to provide to the Developer the HUD Capital Advance, and the project rental assistance and budget authority of $281,700 and $1,408,500, respectively, on terms set forth in such commitment. "Maintenance Escrow" shall mean the escrow established and administered by HUD in which the Agency Maintenance Assistance will be deposited. "Memorandum of DDA" shall mean that certain Memorandum of DDA in the form attached hereto as Attachment No. 9. "Opening of Escrow" shall have the meaning ascribed in Section 203.1 of this Agreement. "Option Agreement" shall mean that certain Option Agreement by and between Southern California Presbyterian Homes, a California nonprofit corporation ("SCPH") and Agency dated April 17, 2001. On or about October 3, 2002, SCPH assigned to Developer all of its right, title, and interest in and to the Option Agreement. The Option Agreement and assignment agreement are attached hereto as Attachment No. 3. "Project" shall mean the development to be constructed and operated on the Site in accordance with this Agreement. The Project will consist of seventy-nine (79) one bedroom affordable senior citizen rental units, one (1) two bedroom on -site manager's unit, and related driveway, parking, landscaping, and other incidental improvements, with all such improvements to be consistent with the development and building plans and permits to be approved in accordance with this Agreement. "Project Area" shall have the meaning ascribed in Section 103 of this Agreement. 11 538/015610-0047 _ 5 _ 019 247806.06 PM02 "Project Budget" shall mean the sources and uses of funds for Developer's acquisition of the Site and development of the Project, set forth on Attachment No. 10 attached hereto. The Project Budget may not be amended or modified without the written consent of the Executive Director. "Purchase Price" shall mean the purchase price paid by Developer to Agency for the Site, as more fully described in Section 202 of this Agreement. "Redevelopment Plan" shall have the meaning ascribed in Section 102 of this Agreement. "Release of Construction Covenants" shall have the meaning ascribed in Section 306 of this Agreement. The form of the Release of Construction Covenants shall be as set forth in Attachment No. 7 to this Agreement. "Schedule of Performance" shall mean that certain Schedule of Performance attached hereto as Attachment No. 4. "Section 202" shall mean Section 202 of the Housing Act of 1959, as amended. "Site" shall have the meaning ascribed- in Section 104 of this Agreement. "Term of the HUD Capital Advance Documents" shall mean the period commencing on the date of the HUD Regulatory Agreement and ending on the 40`h anniversary of a date selected by HUD on the Closing Date ("Selected Date"), the Selected Date being the first day of the month following the month during which it is estimated occupancy of the Project will occur. . "Title Company" shall mean Commonwealth Land Title Company at its offices in Riverside County or such other title insurance company approved by Developer and Agency. "Title Policy" shall have the meaning ascribed in Section 208 of this Agreement. II. [§200] DISPOSITION OF THE SITE; FINANCING THE PROJECT A. [§201] Option Agreement Pursuant to the Option Agreement, Agency granted to Developer's predecessor -in - interest an option to acquire the Site. The Developer has until May 1, 2003, to exercise said option. In the event Developer does not exercise the Option by said date, this Agreement shall automatically terminate. B. [§202] Sale and Purchase: Purchase Price In accordance with and subject to all the terms, covenants and conditions of this Agreement and the Option Agreement, provided the Developer exercises the option to acquire the Site under the Option Agreement, the Agency agrees to sell, and the Developer agrees to purchase, the Site for the sum of One Million Dollars ($1,000,000) (the "Purchase Price"). 4LU 538/015610-0047 247806.06 PM02 - 6 - !^{ C. [§203] Escrow 1. Opening of Escrow Within five (5) business days following the exercise of the Option by Developer, the parties shall open the Escrow with Escrow Agent by causing an executed copy of this Agreement to be deposited with Escrow Agent. Escrow shall be deemed open on the date that a fully executed copy of this Agreement is delivered to Escrow Agent (the "Opening of Escrow"). The Escrow Agent shall notify Agency and Developer in writing of the date of the Opening of Escrow promptly following the opening of Escrow. 2. Close of Escrow Escrow shall close on or before the Closing Date. The parties acknowledge and agree that the Closing Date shall be coordinated to occur concurrently with the HUD Closing. If (i) the HUD Closing does not occur on or before August 1, 2003,, or (ii) Escrow is not in a condition to close on the Closing Date, then either party not then in default hereunder may elect to terminate this Agreement and the Escrow by giving written notice of such termination to the other party and to the Escrow Agent. No demand for return of funds or documents in Escrow shall be recognized until ten (10) days after the Escrow Agent shall have mailed copies of such demand to the other party at the address set forth in Section 105. If any objections are raised within the 10-day period, the Escrow Agent is authorized to hold all money, papers and documents with respect to the Site until instructed in writing by both the Agency and the Developer or until the party entitled thereto has been determined by a court of competent jurisdiction. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Agent shall close the Escrow as soon as possible after the conditions precedent to the close of Escrow are satisfied. 3. Escrow Instructions This Agreement constitutes the joint escrow instructions of the Agency and the Developer. In addition, if the Escrow Agent requires, the Agency and the Developer shall provide such additional escrow instructions as shall be necessary and consistent with this Agreement. In the event of any conflict between the provisions of this Agreement and Escrow Agent's standard instructions, this Agreement shall prevail. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of the provisions of this Section 203 in writing, delivered to the Agency and to the Developer within five (5) days after the Opening of Escrow, shall carry out its duties as Escrow Agent hereunder. Any amendment of the escrow instructions shall be in writing and signed by both the Agency and the Developer. At the time of any authorized amendment to the escrow instructions, the Escrow Agent shall agree, by signing an appropriate statement, to carry out its duties as Escrow Agent under such amendment. All communications from the Escrow Agent to the Agency or the Developer shall be directed to the addresses and in the manner established in Section 601 of this Agreement for notices, demands and communications between the Agency and the Developer. 538/015610-0047 247806.06 PM02 - 7 - 407 21 4. Delivery of Documents and Funds Into Escrow On or before the Closing Date, Developer shall deliver the following to Escrow Agent: (i) the Agency Regulatory Agreement, duly executed and acknowledged by Developer; (ii) the Memorandum of DDA, duly executed and acknowledged by Developer; and (iii) all other sums and documents required by Escrow Agent to carry out and close the Escrow pursuant to this Agreement, including Developer's portion of the Escrow fees and prorations. The Developer shall deposit the Purchase Price for the Site with the Escrow Agent in accordance with the provisions of Section 207 of this Agreement. On or before the Closing Date, Agency shall deliver the following to Escrow Agent: (i) the Grant Deed, duly executed and acknowledged by Agency; (ii) the Agency Regulatory Agreement, duly executed and acknowledged by Agency; (iii) the Memorandum of DDA, duly executed and acknowledged by Agency; (iv) an estoppel certificate certifying that the Developer has completed all acts (except deposit of the Purchase Price) necessary to entitle the Developer to conveyance of the Site, if such be the fact; and (v) all other sums and documents required by Escrow Agent to carry out and close the Escrow pursuant to this Agreement, including Agency's portion of the Escrow fees and prorations. In addition, if the Agency Financial Assistance is not offset against the Purchase Price in accordance with Section 203.10 of this Agreement, Agency shall deliver to the Escrow Agent the Agency Construction Assistance and shall deposit into the Maintenance Escrow the Agency Maintenance Assistance on or before the Closing Date. 5. Allocation of Costs The Developer shall pay in Escrow to the Escrow Agent the following fees, charges and costs promptly after the Escrow Agent has notified the Developer of the amount of such fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for the Close of Escrow: a. One-half of the Escrow fee; and b. The portion of the premium for the title insurance policy or special endorsements to be paid by the Developer as set forth in Section 208 of this Agreement. The Agency shall pay in escrow to the Escrow Agent the following fees, charges and costs promptly after the Escrow Agent has notified the Agency of the amount of such fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for the Close of Escrow: a. Costs necessary to place the title to the Site in the condition for conveyance required by the provisions of this Agreement; b. One-half of the escrow fee; C. Recording fees; d. Notary fees; 408 538/015610-0047 247806.06 PM02 - 8 - n ^ 2 e. The premium for an ALTA standard title insurance policy to be paid by the Agency as set forth in Section 208 of this Agreement; f. Ad valorem taxes, if any, upon the Site for any time prior to conveyance of title; and g. Any State, County or City documentary transfer tax. 6. Escrow Agent Duties The Escrow Agent's duties hereunder shall be limited to implementation of Article II of this Agreement. In addition to any other actions the Escrow Agency is authorized or required to undertake pursuant to the provisions of this Agreement, the Escrow Agent is authorized and shall take the following actions: a. Pay and charge the Agency and the Developer, respectively, for any fees, charges and costs payable under this Section 203 of this Agreement. Before such payments are made, the Escrow Agent shall notify the Agency and the Developer of the fees, charges and costs necessary to clear title and close the Escrow; b. Disburse funds and deliver the Grant Deed and other documents to the parties entitled thereto when the conditions of this Escrow have been fulfilled by the Agency and the Developer; C. Record the Grant Deed, the Agency Regulatory Agreement, and the Memorandum of DDA in the Official Records of Riverside County, California. Said recordation shall occur when the Title Policy can be issued and fee title to the Site can be vested in Developer in the Approved Title Condition as required by the provisions of this Agreement and each of the other conditions precedent to the Close of Escrow set forth in Section 214 has been satisfied or waived by the party for whose benefit such condition is set forth; d. Buy, affix and cancel any transfer stamps required by law and pay any transfer tax required by law; e. After the Close of Escrow, deliver to Agency the recorded Agency Regulatory Agreement, the recorded Memorandum of DDA, and a conformed copy of the Grant Deed, and any other documents (or copies thereof) deposited by Agency with Escrow Agent pursuant to this Agreement; and f. After the Close of Escrow, deliver to Developer the recorded Grant Deed, and any other documents (or copies thereof) deposited by Developer with Escrow Agent pursuant to this Agreement. 4i`J 538/015610-0047 247806.06 PM02 - 9 - 0:2,3 7. Escrow Account All funds received in the Escrow shall be deposited by the Escrow Agent with other escrow funds of Escrow Agent in a general escrow account or accounts with any state or national bank doing business in the State of California. Such funds may be transferred to any other such general escrow account or accounts. 8. Pro Rata Disbursements All pro rata disbursements shall be made on the basis of a 30-day month. 9. Broker's Commissions The Agency and the Developer each represents and covenants to the other that it has not engaged any broker, agent or finder in connection with this transaction, and each party shall indemnify, defend, and hold harmless the other from and against any and all claims, liabilities, or damages for the payment of any real estate commission or finder's or brokerage fee arising out of the breach of this representation. 10. Offset of Agency Financial Assistance At the option of either Agency or Developer, the Agency Financial Assistance to be paid by Agency to Developer through the Escrow and the Maintenance Escrow shall be offset against the Purchase Price. D. [§204] Conveyance of Title and Delivery of Possession Provided that the Developer is not in default under this Agreement and all conditions precedent to such conveyance have occurred, and subject to any mutually agreed upon extensions of time, conveyance to the Developer of title to the Site shall be completed on or prior to the Closing Date. The Agency and the Developer agree to perform all acts necessary to conveyance of title in sufficient time for title to be conveyed in accordance with the foregoing provisions. Possession of the Site shall be delivered to the Developer concurrently with the conveyance of title, except that limited access shall be permitted before conveyance of title in accordance with the terms of the Option Agreement. The Developer shall accept title and possession on or before said date. E. [§205] Form of Grant Deed The Agency shall convey to the Developer title to the Site in the Approved Title Condition described in Section 206 of this Agreement by Grant Deed in substantially the form set forth in Attachment No. 5. A 538/015610-0047 247806.06 PM02 - 10 024 24 F. [§206] Condition of Title On the Closing Date, the Agency shall convey to the Developer the Site in the "Approved Title Condition," which for purposes of this Agreement, shall mean fee simple title free and clear of all recorded liens, encumbrances, assessments, leases and taxes excepting only (i) the provisions of the Grant Deed and the Agency Regulatory Agreement, (ii) Exception Nos. 1, 4, 5, and 8 of that certain Preliminary Title Report issued for the Property by Title Company dated May 9, 2002, under its Order No. 6024239-05, and (iii) the standard printed conditions and exceptions contained in the ALTA standard owner's policy of title insurance that is regularly issued by the Title Company for transactions similar to the one contemplated by this Agreement. G. [§207] Payment of the Purchase Price and Recordation of the Deed The Developer shall promptly deposit the Purchase Price for the Site with the Escrow Agent upon the date for the conveyance thereof, provided that Escrow Agent shall have notified the Developer in writing that the Grant Deed or other instrument conveying the Site to the Developer, properly executed and acknowledged by the Agency, has been delivered to the Escrow Agent and that title or possession is in condition to be conveyed in conformity with the provisions of Section 206 of this Agreement. The Escrow Agent shall deliver the Purchase Price to the Agency on the Close of Escrow. The parties acknowledge that the Escrow shall close concurrently with the HUD Closing. The Purchase Price shall be deposited in Escrow upon the date of such HUD Closing; however, if HUD funds are not available on the date of the HUD Closing and the parties agree in writing in the sole and absolute discretion of each of them, the Purchase Price shall be deposited in Escrow when such HUD funds are available. H. [§208] Title Insurance Immediately following the Closing Date, the Escrow Agency shall cause the Title Company, as insurer, to issue and provide and deliver to Developer, as insured, an ALTA standard owner's policy of title insurance insuring that title to the Site is vested in the Developer in the Approved Title Condition ("Title Policy"). The Title Policy coverage shall be in the amount of the Purchase Price. The Agency shall pay only for that portion of the title insurance premium attributable to a ALTA standard owner's policy in the amount of the Purchase Price of the Site insuring title vested in the Developer. The Developer shall pay for a Lender's policy insuring HUD as the lender. The Developer, if it desires any additional title insurance such as an ALTA extended owner's title insurance policy, shall pay for all premiums for any extended coverage or special endorsements which it requests. I. [§209] Taxes and Assessments Ad valorem taxes and assessments, if any, on the Site, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to the Closing Date shall be borne by the Agency. All such taxes and assessments levied or imposed for any period commencing after the Closing Date shall be paid by the Developer. �11 538/015610-0047- 247806.06 PM02 025 J. [§210] Possession of the Site Possession of the Site shall be delivered to Developer at the Close of Escrow free and clear of all tenancies, lessees, occupants, licensees, and all possessory rights of any kind or nature, except as may be consistent with the Approved Title Condition. K. [§211] Zoning. Etc. of the Site At the time of conveyance of the Site to Developer, the zoning thereof shall be such as to permit development of the Site and the construction, use, operation, and maintenance of the improvements thereon in accordance with the provisions of this Agreement. The Developer shall apply for all necessary permits as provided in Section 301.7 herein below. L. [§212] Condition of the Site The Agency has no actual knowledge of the existence of any soil or seismic condition, geological defect or fault or the presence of hazardous substances on or under the Site except as may have been disclosed in writing to Developer prior to the Close of Escrow. It shall be the sole responsibility of the Developer, at the Developer's expense, to investigate and determine the soil and seismic conditions of the Site and its suitability for the development to be constructed thereon. It shall be the sole responsibility of the Developer to do all work necessary to demolish, grade, clear and prepare the Site and to investigate and determine the soil conditions of the Site and the suitability of the Site for the development to be constructed by the Developer. If the soil conditions of the Site or any portion thereof are not in all respects entirely suitable for the use or uses to which the Site will be put, then it is the sole responsibility and obligation of the Developer to take such action as may be necessary to place the Site in all respects in a condition suitable for development. M. [§213] Disclaimer of Warranties Developer acknowledges that neither the Agency nor any of its employees, agents, contractors, or representatives have made any representations, warranties or agreements to or with Developer on behalf of Agency as to any matters concerning the Site, the present use thereof, or the suitability of Developer's intended or contemplated use of the Site. The foregoing disclaimer includes, without limitation, topography, climate, air, water rights, utilities, present and future zoning, soil, subsoil, Hazardous Materials, patent and latent physical conditions or defects, the purposes to which the Site is suited, drainage, access to public roads, and the availability of governmental permits or approvals of any kind. As used herein, the term "Hazardous Materials" means any hazardous substance or material identified by any federal or state law or regulations as hazardous or toxic. Developer represents and warrants to Agency that it has investigated the Site, and has knowledge of the operative governmental laws and regulations (including, but not limited to, zoning, environmental, hazardous waste and land use, laws and regulations) to which the Site may be subject, and is acquiring the Site on the basis of its review and determination of the application and effect of such laws and regulations. Developer has neither received nor relied upon any representations concerning such laws and regulations made by Agency or its employees, agents, contractors, or representatives, or any other person acting on the behalf of Agency except as set forth in this Agreement. Any 538/015610-0047 - 12 - v 247806.06 PM02 agreements, warranties, or representations not expressly contained in this Agreement shall in no way bind Agency. Developer acknowledges that it is fully responsible for obtaining any and all permits from the City and other governmental entities as may be required for the Project. Nothing in this paragraph is intended to defeat or declare void any permits, approvals, or entitlements that Developer has obtained with respect to the Site prior to the date of this Agreement. N. [§214] Conditions to Close of Escrow 1. Aaency's Conditions to Closing The Agency's obligation to convey the Site to Developer and the closing of the Escrow shall, in addition to any other condition set forth herein in favor of the Agency, be conditional and contingent upon the satisfaction, or waiver by the Agency in its sole and absolute discretion, of each and all of the following conditions (collectively, "Agency's Conditions to Closing"); a. Developer shall have deposited into Escrow the Purchase Price, and all other sums and documents required of Developer by this Agreement; b. Developer shall have submitted to the Agency's Executive Director the evidence of insurance required pursuant to Section 301.6 of this Agreement; C. Developer shall have submitted to the Agency's Executive Director satisfactory evidence of Developer's financial capability to develop the Site in accordance with Section 216 herein; d. Developer shall have obtained (or upon the Closing Date will be entitled to obtain) all of the development and building approvals from the City and/or the Agency and any other governmental agency with jurisdiction required for development of the Project on the Site, provided that nothing in this Section 214.1 is intended to limit or modify the Agency's or City's discretion with respect to such matters; e. Escrow Agent holds and will deliver to Agency the instruments and funds to be delivered to Agency under this Agreement; and f. Developer is not in material default of any term or condition of this Agreement. 2. Developer's Conditions to Closing Developer's obligation to purchase the Property from Agency and the closing of the Escrow shall, in addition to any other condition set forth herein in favor of the Developer, be conditional and contingent upon the satisfaction, or waiver by the Developer in its sole and absolute discretion, of each and all of the following conditions (collectively, "Developer's Conditions to Closing"). 538/015610-0047 - 13 247806.06 PM02 o�� a. Agency has deposited into Escrow all sums and documents required of Agency by this Agreement; b. Subject to Section 203.10 of this Agreement, Agency has deposited into the Escrow the Agency Construction Assistance and into the Maintenance Escrow the Agency Maintenance Assistance; C. At the Closing Date, the Title Company shall be irrevocably committed to issue the Title Policy insuring fee title to the Site is vested in Developer; d. Escrow Agent holds and will deliver to Developer the instruments and funds to be delivered to Developer under this Agreement; e. Developer shall have obtained upon the Closing Date all of the development and building approvals from the City and/or the Agency required for development of the Project on the Site, provided that nothing in this Section 214.2 is intended to limit or modify the Agency's or City's discretion with respect to such matters; and f. Developer shall have obtained from HUD the HUD Firm Commitment and any other funds required for the Project, with the HUD Closing and any other financing occurring concurrently on the Closing Date. 3. Waiver Agency may at any time or times, at its election, waive any of the conditions set forth in Section 214.1 above to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by Agency and delivered to Developer. Developer may at any time or times, at its election, waive any of the conditions set forth in Section 214.2 above to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by Developer and delivered to Agency. 4. Failure of Conditions Precedent: Termination In the event each of the conditions set forth in Section 214.1 is not fulfilled within the time provided in Section 214.1 or waived by Agency pursuant to Section 214.3, Agency may, at its option, terminate this Agreement and the Escrow opened hereunder, thereby releasing the parties from further obligations hereunder. In the event that the conditions set forth in Section 214.2 are not fulfilled or waived prior to the Closing Date, Developer may, at its option, terminate this Agreement and the Escrow opened hereunder, thereby releasing the parties from further obligations hereunder. In the event this Agreement is terminated, subject to the provisions of Section 203.1, all documents and funds delivered by Seller to Agency or Escrow Agent shall be returned immediately to Seller and all Vocuments and funds delivered by Agency to Seller or Escrow Agent shall be returned immediately to Agency. Nothing in this Section 214.4 shall be construed as releasing any party from liability for any default of its obligations hereunder or breach of its representations and warranties under this Agreement occurring prior to the termination of this Agreement and/or the Escrow to be opened hereunder (j 14 538/015610 0047 s t n 247806.06 PM02 - 14 O. [§215] Financing As set forth in this Section 215, Developer is obtaining funding from both HUD and the Agency for the acquisition of the Site and the development of the Project thereon. Developer shall utilize such funding exclusively for acquisition of the Site and development of the Project thereon, and not for any other purpose. 1. HUD Assistance. Developer hereby represents to Agency that: (i) pursuant to Section 202, Developer has obtained a grant reservation for the HUD Capital Advance and the project rental assistance of $281,700 and budget authority of $1,408,500 (collectively "HUD Funds"); and (ii) subject to Developer successfully obtaining the HUD Funds and the completion of the HUD Closing, Developer is authorized to use the HUD Funds for an eighty (80) unit rental housing complex on the Site. Within the time set forth in the Schedule of Performance, Developer shall submit a complete application for and obtain the HUD Firm Commitment, and Developer thereafter shall take all actions necessary to timely proceed to HUD Closing in accordance with the Schedule of Performance. 2. Agency Financial Assistance. Agency acknowledges that HUD will not pay for design standards desired by Agency which are inconsistent with HUD's cost containment guidelines. In order to assist in the development of affordable rental housing within the City, Agency shall provide to Developer financial assistance for the following development and maintenance costs of the Project that are not included in the HUD Capital Advance (collectively, the "Agency Financial Assistance"): (i) the costs incurred by Developer for the construction of patios, carports, excess parking and landscaping, metal trellises, pool, architectural fees for design of amenities, and off -site improvements, not to exceed the sum of Seven Hundred Forty -Five Thousand Dollars ($745,000) ("Agency Construction Assistance"); and (ii) and the sum of One Hundred Forty - Two Thousand Dollars ($142,000) for the maintenance of the pool and patios ("Agency Maintenance Assistance"). Subject to Section 203.10, on or before the Closing Date, Agency shall deposit into the Escrow the portion of the Agency Financial Assistance equal to the Agency Construction Assistance. Prior to such submittal, Agency, Developer and the Escrow Agent shall agree upon escrow instructions for the release of such funds to Developer. Such escrow instructions shall provide for the expenditure of funds in the following order of priority as required by HUD: (i) the Agency Construction Assistance, and (ii) the HUD Capital Advance funds. In addition, such escrow instructions shall provide for Developer to furnish requests for disbursement of the Agency Construction Assistance on a form provided by HUD with such supporting information as Agency may reasonably require. In the event the costs incurred by Developer for expenses eligible for payment from the Agency Construction Assistance funds are less than $745,000, the unexpended portion of the Agency Construction Assistance shall be returned to Agency immediately upon completion of the Project. Subject to Section 203.10, on or before the Closing Date, Agency shall deposit into the Maintenance Escrow the portion of the Agency Financial Assistance equal to the Agency Maintenance Assistance. The Agency Maintenance Assistance may used by Developer for the maintenance of the pool and patios and for no other purpose. 415 029 538/015610-0047 - 15 - 247806.06 PM02 If actual cost of construction of the Project on the Site exceeds the amount set forth in the Project Budget, Developer shall be responsible for raising the additional money to fund the Project through additional HUD or other grants or sources. As a condition to the grant of the Agency Financial Assistance, Developer agrees that neither it, nor any officer, shareholder, director, employee, representative, agent, or any family member of same, nor any entity formed by any of the foregoing nor any entity in which any of the foregoing has an interest, shall be entitled to any development fee, construction management fee, reimbursement for overhead, or similar fee or charge, by whatever name called, for the acquisition of the Site or the development of the Project thereon. The prohibition set forth in this paragraph shall not apply to wholly independent contractors who provide development services. In addition, nothing herein is intended or shall be construed to prohibit Developer from retaining Southern California Presbyterian Homes to manage the Project. Agency's obligation to deliver the Agency Financial Assistance to Developer shall be subject to Developer's satisfaction or Agency's written and signed waiver of each of Agency's Condition to Closing set forth in Section 214.1, as well as compliance with all of the other terms of this Article II. P. [§216] Evidence of Financial Capability Financial Evidence. Within the time set forth in the Schedule of Performance, Developer shall submit to Agency's Executive Director evidence reasonably satisfactory to the Executive Director that Developer has the financial capability necessary for the development of the Project on the Site pursuant to this Agreement. Such evidence of financial capability shall include all of the following: a. a complete executed copy of the HUD Firm Commitment; b. a financial statement and/or other documentation reasonably satisfactory to the Executive Director sufficient to demonstrate that Developer has adequate funds available and committed to cover any difference between (A) the Project Budget, and (B) the combined proceeds of the HUD Capital Advance and the Agency Financial Assistance; and C. a copy of the proposed construction contract between Developer and its general contractor for all of the improvements required to be constructed by Developer hereunder, certified by Developer to be a true and correct copy thereof. The Executive Director shall complete his or her review of and approve or disapprove Developer's evidence of financial capability within the time set forth in the Schedule of Performance. If the Executive Director shall disapprove such evidence of financing, he or she shall do so by written notice to Developer stating the reasons for such disapproval. In such event, Developer shall promptly resubmit its evidence of financial capability not less than thirty (30) days after receipt of the Executive Director's disapproval, the Executive Director shall �t 1 538/015610-0047 247806.06 PM02 - 16 - (i reconsider such resubmittal within the same number of days allowed for the initial submittal, and/ the deadlines in the Schedule of Performance shall be extended accordingly. III. [§300] DEVELOPMENT OF THE SITE A. [§301] Development of the Site by the Developer 1. ' Scope of Development Developer shall develop the Project on the Site in strict conformity with this Agreement, the Scope of Development attached to this Agreement as Attachment No. 6, and the plans and permits approved by the Agency and the City. 2. Construction Plans: Drawings and Related Documents The Developer shall prepare and submit construction plans, drawings and related documents to the Agency for architectural review and approval as and at the times established in the Schedule of Performance (Attachment No. 4). During the preparation of all. drawings and plans, Agency staff and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of construction plans and related documents by the Agency. The Agency and the Developer shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the Agency can receive prompt and speedy consideration. If any revisions or corrections of plans approved by the Agency shall be required by any government official agency, department or bureau having jurisdiction, or any lending institution involved in financing, the Developer and the Agency shall cooperate in efforts to obtain a waiver of such requirements or to develop a mutually acceptable alternative. If no such waiver is obtained and no such alternative is developed, the Agency shall be bound by such revisions or corrections if they are not inconsistent with the Scope of Development. 3. AgencyMroval of Plans Drawings and Related Documents The Agency shall approve or disapprove the plans, drawings and related documents referred to in Section 301.2 of this Agreement within the time established in the Schedule of Performance (Attachment No. 4). Any disapproval shall state in writing the reasons for disapproval and the changes which the Agency requests be made. Such reasons and such changes must be consistent with the Scope of Development (Attachment No. 6) and any items previously approved hereunder by the Agency. The Developer, upon receipt of a disapproval based upon powers reserved by the Agency hereunder, shall revise such plans, drawings and related documents and resubmit them to the Agency as soon as possible after receipt of the notice of disapproval, provided that in no case shall the Agency be entitled to require changes inconsistent with the Scope of Development and any previously approved items. If the Developer desires to make any substantial change in the construction plans after their approval by the Agency, the Developer shall submit the proposed change to the Agency for its approval, If the construction plans, as modified by the proposed change, conform to the 538/015610-0047 247806.06 PM02 - 17 requirements of Section 301.2 of this Agreement, the approvals previously granted by the Agency under this Section 301.3 and the Scope of Development (Attachment No. 61, the Agency shall approve the proposed change and notify the Developer in writing within thirty (30) days after submission to the Agency. 4. Cost of Construction Subject to the Agency's provision of the Agency Financial Assistance as set forth in Section 215, the cost of developing the Site and constructing all improvements thereon shall be borne by the Developer. The Agency and the Developer shall each pay the costs necessary to administer and carry out their respective responsibilities and obligations under this Agreement. 5. Construction Schedule: Progress ss Reports The Developer shall begin and. complete. all construction and development within the times specified in the Schedule of Performance (Attachment No. 4) or such reasonable extension of said dates as may be granted in writing by the Agency in Agency's sole and absolute discretion. During the period of -construction, but not more frequently than once a month, the Developer shall submit to the Agency a written progress report of the construction when and as requested by the Agency Executive Director or his designee. The report shall be in such form and detail as may reasonably be required by the Agency and shall include a reasonable number of construction photographs taken since the last report submitted by the Developer. 6. Bodily Injury. Property Damage and Workers' Compensation Insurance Prior to the Close of Escrow, Developer shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the Executive Director, the following policies of insurance: a. Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis in an amount not less than: (A) for death and bodily injury, either (i) a combined single limit of ONE MILLION DOLLARS ($1,000,000.00) or (ii) ONE MILLION DOLLARS ($1,000,000) per person and ONE MILLION DOLLARS ($1,000,000.00) per occurrence, and ONE MILLION DOLLARS ($1,000,000.00) in the aggregate, and (B) for property damage, ONE MILLION DOLLARS ($1,000,000.00) per occurrence. b. Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Developer and Agency against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Developer in the course of carrying out the work or services contemplated in this Agreement. 538/015610-0047 � 247806.06 PM02 - 18 - t ) C. Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of ONE MILLION DOLLARS ($1,000,000.00) per person and ONE MILLION DOLLARS ($1,000,000.00) per occurrence, and property damage liability limits of ONE MILLION DOLLARS ($1,000,000.00) per occurrence and ONE MILLION DOLLARS ($1,000,000.00) in the aggregate or (ii) combined single limit liability of ONE MILLION DOLLARS ($1,000,000.00). Said policy shall include coverage for owned, non - owned, leased, and hired cars. d. Additional Requirements. The following additional requirements shall apply to all of the above policies of insurance. (i) All of the above policies of insurance shall be primary insurance and, except the Worker's Compensation insurance, shall name Agency, City, and their respective officers, officials, members, employees, agents, and representatives as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against Agency, City, and their officers, officials, members, employees, agents, .and representatives, and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days' prior written notice to Agency and City. In the event any of said policies of insurance are cancelled, the Developer shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Executive Director. Not later than the Effective Date of this Agreement, Developer shall provide the Executive Director with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders shall be subject to the reasonable approval of the Executive Director. (ii) The policies of insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in'the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of Agency ("Risk Manager") due to unique circumstances. (iii) Developer agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which Developer may be held responsible for the payment of damages to any persons or property resulting from the Developer's activities or the activities of any person or persons for which the Developer is otherwise responsible. 538/015610-0047 247806.06 PM02 - 19 - F /� � 3 3 From and after the date of Agency's issuance of the Release of Construction Covenants, and for the term of the Agency Regulatory Agreement, Developer shall procure and maintain the insurance set forth in the Agency Regulatory Agreement. 7. City and Other Governmental Agency Permits Before commencement of construction or development of any buildings, structures or other work of improvement upon the Site (unless such construction, development or work is to be commenced before the conveyance of title), the Developer shall secure or cause to be secured any and all permits which may be required by the City or any other governmental agency affected by such construction, development or work. The Agency, at no cost to Agency, shall provide all assistance deemed appropriate by the Agency to the Developer in securing these permits. Rights of Access For the purposes of assuring compliance with this Agreement, representatives of the Agency shall have the reasonable right of access to the Site without charges or fees and at normal construction hours during the period of construction, including, but not limited to, the inspection of the work being performed in constructing the improvements. Such representatives of the Agency shall be those who are so identified in writing by the Executive Director of the Agency. The Agency shall indemnify the Developer and hold it harmless from any damage caused or liability arising out of this right to access; provided that it is understood that Agency does not by this Section 301.8 assume any responsibility or liability for a negligent inspection or failure to inspect. In addition, any observation or inspection by Agency during its access pursuant to this Section shall not be construed or deemed as an inspection pursuant to any building codes or the Municipal Code or any other inspection that may be performed by City or any other public entity. 9. Local, State and Federal Laws The Developer shall carry out the construction of the Project in conformity with all applicable laws and regulations, including all applicable federal and state labor standards. 10. Antidiscrimination During Construction The Developer, for itself and its successors and assigns, agrees that in the construction of the improvements provided for in this Agreement, the Developer will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, age, ancestry or national origin. B. [§302] Taxes, Assessments, Encumbrances and Liens The Developer shall pay when due all real estate taxes and assessments assessed and levied on the Site for any period subsequent to conveyance of title to or delivery of possession of the Site. Prior to the issuance of the Release of Construction Covenants, the Developer shall not place or allow to be placed on the Site any mortgage, trust deed, encumbrance or lien not authorized by this Agreement except for those required by HUD that may arise during the term 538/015610-0047 247806.06 PM02 - 20 024 74 of the HUD Section 202 trust deed. The Developer shall remove or have removed any levy or attachment made on the Site (or any portion thereof), or shall assure the satisfaction thereof, within a reasonable time, but in any event prior to a sale thereunder. Nothing herein contained shall be deemed to prohibit the Developer from contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to the Developer in respect thereto. The Developer understands that under certain conditions, its control of the Site or portion thereof under this Agreement may give rise to the imposition of a possessory interest tax on said property and, in such event, the Developer agrees to pay when due any such possessory interest tax. C. [§303] Security Financing: Rights of Holders 1. No Encumbrances Except Mortgages. Deeds of Trust. Sales and Leases - Back or Other Financing for Development Notwithstanding Sections 106 and 302 of this Agreement, mortgages, deeds of trust, sales and leases -back or any other form of conveyance required for any reasonable method of financing are permitted before issuance of a Release of Construction Covenants but only for the purpose of securing loans or advances of funds to be used for financing the acquisition of the Site, the construction of improvements on the Site and any other expenditures necessary and appropriate to develop the Site under this Agreement. The Developer shall notify the Agency in advance of any mortgage, deed of trust, sale, and lease -back or other form of conveyance for financing if the Developer proposes_ to enter into the same before issuance of a Release of Construction Covenants. The Developer shall not enter into any such conveyance for financing without the prior written approval of the Agency (unless such lender shall be one of the ten (10) largest banking institutions doing business in the State of California, or one of the ten (10) largest insurance lending institutions in the United States qualified to do business in the State of California, or HUD), which approval the Agency agrees to give if any such conveyance is given to a responsible financial or lending institution or other acceptable person or entity. The HUD Firm Commitment for the HUD Capital Advance under Section 202 in the amount of the construction costs for the Project to be secured by a deed of trust is deemed approved. Such lender shall be deemed approved unless rejected in writing by the Agency within ten (10) days after notice thereof to the Agency by the Developer. In any event, the Developer shall promptly notify other financing conveyance, encumbrance or lien that has been created or attached thereto prior to completion of the construction of the improvements on the Site whether by voluntary act of the Developer or otherwise. The words "mortgage" and "deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development. 2. Holder Not Obligated to Construct Improvements The holder of any mortgage, deed of trust or other security interest authorized by this Agreement shall in no way be obligated by provisions of this Agreement to construct or complete the improvements or to guarantee such construction or completion, nor shall any covenant or any other provision in the grant deed for the Site be construed so to obligate such l A_ 538/015610-0047 r 247806.06 PM02 - 21 - holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement. 3. Right of Agency to Cure Mortgage, Deed of Trust or other Security Interest Default In the event of a default or breach by the Developer of a mortgage, deed of trust or other security interest with respect to the Site prior to the completion of development, and the holder has not exercised its option to complete the development, the Agency may cure the default prior to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the Agency in curing the default. The Agency shall also be entitled to a lien, provided such lien has the prior written approval of HUD, upon the Site to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security interests executed for the sole purpose of obtaining funds to purchase and develop the Site as authorized herein. D. [§304] Right of the Agency to Satisfy Other Liens on the Site After Title Passes After the conveyance of title and prior to the issuance of a Release of Construction Covenants for construction and development, and after the Developer has had a reasonable time to challenge, cure or satisfy any liens or encumbrances on the Site, the Agency shall have the right to satisfy any such liens or encumbrances, provided, however, that nothing in this Agreement shall require the Developer to pay or make provision for the payment of any tax, assessment, lien or charge so long as the Developer in good faith shall contest the validity or amount thereof, and so long as such delay in payment shall not subject the Site to forfeiture of sale. E. [§305] Indemnification During the period of any construction of the improvements pursuant to this Agreement and until such time as the Agency issues its Release of Construction Covenants for the Project, Developer agrees to and shall indemnify and hold Agency and City harmless from and against all liability, loss, damage, cost, or expense (including expert witness fees and reasonable attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss, or damage whatsoever caused to any person or to the property of any person which shall occur on the Site and which shall be directly or indirectly caused by the acts done thereon or any errors or omissions of Developer or its agents, servants, employees, invitees, or contractors. Developer shall not be responsible for (and such indemnity shall not apply to) any acts, errors, or omissions of Agency or City or their respective agents, servants, employees, or contractors acting in an official capacity. Agency and City shall not be responsible for any acts, errors, or omissions of any person or entity except Agency and City and their respective agents, servants, employees, or contractors acting in an official capacity, subject to any and all statutory and other immunities. The provisions of this Section shall survive the termination of this Agreement. Aw4W 538/015610-0047 247806.06 PM02 - 22 - i '� F. [§306] Release of Construction Covenants Promptly after completion of all construction and development to be completed by the Developer upon the Site and upon written request by the Developer, the Agency shall furnish the Developer with a Release of Construction Covenants in form attached hereto as Attachment No. 7, which Release of Construction Covenants shall be recorded in the Office of the County Recorder of Riverside County. The Release of Construction Covenants shall be,. and shall so state, a conclusive determination of satisfactory completion of the construction required by this Agreement upon the Site and of full compliance with the terms hereof relating to construction of the Project on the Site. The Agency shall not unreasonably withhold issuance of the Release of Construction Covenants. If the Agency refuses or fails to furnish the Release of Construction Covenants for the Site after written request from the Developer, the Agency shall, within ten (10) days of the request, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish the Release of Construction Covenants. The statement shall also contain the Agency's opinion of the action the Developer must take to obtain the Release of Construction Covenants. If the reason for such -refusal isconfinedto the immediate unavailability of specific items or materials not exceeding ten percent (10%) of the cost of total construction, the Agency will issue its Release of Construction Covenants upon the posting of a cash deposit, or a letter of credit, or a bond by the Developer with the Agency in an amount representing the fair value of the work not yet completed. The Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage securing money loaned or advanced to finance the improvements or any part thereof. The Release of Construction Covenants is not a notice of completion as referred to in California Civil Code Section 3093. IV. [§400] USE AND OPERATION OF THE SITE A. [§401] Uses Developer and its successors assigns shall use, operate, and maintain the Project and the Site in accordance with the provisions of the Agency Regulatory Agreement for the term set forth therein. In the event of a conflict between this Agreement or the Agency Regulatory Agreement and the HUD Capital Advance Documents (defined as the HUD deed of trust note, deed of trust, Regulatory Agreement, Use Agreement, Capital Advance Agreement and Project Rental Assistance Contract), the HUD Capital Advance Documents shall prevail. If, as a condition precedent to HUD's provision of the HUD Capital Advance to Developer, HUD requires any modifications to this Agreement or the agreements attached hereto, the Executive Director shall have the authority in his sole and absolute discretion to approve such modifications and execute any necessary amendments; it being understood, 3 538/015610-0047 7 247806.06 PM02 — 23 — �+' a � however, that nothing herein shall be construed as a precommittment by the Executive Director to approve any modifications. B. [§402] Obligation to Refrain From Discrimination The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself or any person claiming under or through the Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land. C. - [§403] Form of Nondiscrimination and Nonse rgregLation Clauses The Developer shall refrain for restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases (including rental agreements) or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no ' discriminatipn against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, 538/015610-0047 - 24 247806.06 PM02 0 8 number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein leased." 3. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, or shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." D. [§404] Effect of Covenants All conditions, covenants, and restrictions contained in this Agreement shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by Agency, its successors and assigns, and the City and its successors and assigns, against Owner, its successors and assigns, to or of the Property conveyed herein or any portion thereof or any interest therein, and any party in possession or occupancy of said Property or portion thereof. In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that Agency and the City are each deemed a beneficiary of the agreements, covenants, and restrictions provided hereinabove both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of Agency and the City and such covenants shall run in favor of Agency and City for the entire period during which such covenants shall be in force and effect, without regard to whether Agency is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by the City and Agency which real property shall be deemed the benefited property of such covenants. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of the Agency and City. Agency shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any action at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant. V. [§500] DEFAULTS, REMEDIES AND TERMINATION A. [§501] Defaults: Right to Cure and Waivers Subject to the extensions of time set forth in Section 604, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement; provided, however, that such party shall not be deemed to be in default if (i) it cures, corrects, or remedies such default within thirty (30) days after receipt of a notice from the other party •�J 5381015610-0047 247806.06 PM02 - 25 - specifying such failure or delay and thereafter diligently prosecutes such cure, correction, or remedy to completion, or (ii) for defaults that cannot reasonably be cured, corrected, or remedies within such time period, if such party commences to cure, correct, or remedy such failure or delay within thirty (30) days after receipt of a notice from the other party specifying such failure or delay, and thereafter diligently prosecutes such cure, correction, or remedy to completion. The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until the time for cure, correction, or remedy of a default has expired. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. B. [§502] Legal Actions Institution of Legal Actions In addition to any other rights or remedies, subject to the requirements of Section 501, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purposes of this Agreement. All legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that County or in the appropriate Federal District Court in the State of California. 2. Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. Acceptance of Service of Process In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Chairman of the Agency, or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon the Developer or in such other manner as may be provided by law and shall be valid whether made within or without the State of California. C. [§503] Rights and Remedies are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies R 538/015610-0047 - 26 - `1 247806.06 PM02 shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party. D. [§504] Remedies and Rights of Termination Prior to Conveyance of the Site to the Developer 1. Termination by the Developer In the event that prior to conveyance of title to the Site to the Developer: a. The Developer does not exercise the Option to acquire the Site for any reason; or b. The Agency does not tender conveyance of the Site or possession thereof in the manner and condition and by the date provided in this Agreement and in any such failure is not cured within thirty (30) days after written demand by the Developer; or C. The Developer does not obtain a Firm Commitment for Capital Advance Financing from HUD acceptable to Developer; or d. The Developer has pot obtained all building and other permits required for the Project; or e. The Agency does not provide the Agency Financial Assistance on the Closing Date; then this Agreement shall, at the option of the Developer, be terminated by written notice thereof to the Agency. Upon such termination, neither the Agency nor the Developer shall have any further rights against or liability to the other under this Agreement and Developer shall have no further rights in and to the Site. 2. Termination by the Agency In the event that prior to conveyance of title to the Site to the Developer and in violation of this Agreement: a. The Developer transfers or assigns or attempts to transfer or assign this Agreement or any rights herein or in the Site or the buildings or improvements thereon in violation of this Agreement; or b. There is any significant change in the ownership or identity of the Developer or the parties in control of the Developer or Developer or the degree thereof contrary to the provisions of section 106 hereof; or C. The Developer does not pay the Purchase Price and take title to the Site under tender of conveyance by the Agency pursuant to this Agreement; or 4-n-7 538/015610-0047 247906.06 PM02 - 27 - C 4 1 d. The Developer is in breach or default with respect to any other obligation of the Developer under this Agreement; or e. If any default or failure referred to in subdivision c or d of this Section shall not be cured within the time for cure set forth in this Agreement; then this Agreement, and any rights of the Developer or any assignee or transferee in this Agreement and the Site, shall, at the option of the Agency, be terminated by the Agency. VI. [§600] GENERAL PROVISIONS A. [§601] Notices. Demands and communications Between the Parties Formal notices, demands and communications between the Agency and the Developer shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Developer as set forth in Section 105 hereof. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail. B. [§602] Conflicts of Interest No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which is prohibited by law. The Developer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. C. [§603] Nonliability of Agency Officials and Employees No member, official or employee of the Agency shall be personally liable to the Developer in the event of any default or breach by the Agency or for any amount which may become due to the Developer or on any obligations under the terms of this Agreement. D. [§604] Enforced Delay: Extension of Times of Performance In addition to the specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of the other 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 Agency shall not excuse performance by the Agency) 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 if notice by the party claiming such extension is sent to the other party within thirty (30) days of 538/015610-0047 p 247806M PM02 - 20 - C 4 2 the commencement of the cause. If notice by the party claiming such extension is sent to the other party more than thirty (30) days after the commencement of the cause, the period of the enforced delay shall commence to run from the date that is thirty (30) days prior to the date written notice is sent to the other party. Developer's failure to obtain financing for the Project within the time set forth in this Agreement shall not be considered an event or -cause beyond the control of Developer and shall not entitle Developer to an extension of time to perform. Times of performance under this Agreement may also be extended in writing by mutual written agreement of the Agency and the Developer. The Executive Director shall have the authority on behalf of the Agency to approve extensions of time not to exceed a cumulative total of one hundred eighty (180) days. E. [§605] Inspection of Books and Records The Agency has the right, upon not less than seventy-two (72) hours notice, at all reasonable times, to inspect the books and records of the Developer pertaining to the Site as pertinent to the purposes of this Agreement. The right of inspection shall not extend to documents privileged under attorney -client or other such privileges. The Developer also has the right, upon not less than seventy-two (72) hours notice, at all reasonable times, to inspect the books and records of the Agency pertaining to the Site as pertinent to the purposes of this Agreement. The right of inspection shall not extend to documents privileged under attorney -client or other such privileges F. [§606] Plans and Data Where the Developer does not proceed with the purchase and development of the Site, and when this Agreement is terminated pursuant to Section 504 hereof for any reason, the Developer shall deliver to the Agency any and all plans and data concerning the Site, and the Agency or any other person or entity designated by the Agency shall be free to use such plans and data, including plans and data previously delivered to the Agency, for any reason whatsoever without cost or liability therefor to the Developer or any other person, to the extent permitted by the agreements between Developer and Developer's consultants, or to the extent permitted by law. The requirements of this section are subject to the requirements of the Capital Advance Agreement between the Developer and HUD. VII. [§700] SPECIAL PROVISIONS A. [§701] Recognition of HUD Agreement Notwithstanding anything herein to the contrary, in the event the Secretary of HUD ("HUD Secretary"), during the Term of the HUD Capital Advance Documents, should take title to the Site through foreclosure, deed in lieu of foreclosure, or otherwise, all covenants, conditions and restrictions set forth in this Agreement shall cease and terminate and be of no further force and effect. Notwithstanding anything herein to the contrary, if, during the Term of the HUD Capital Advance Documents, any provision of this Agreement tends to contradict, modify or in any way change the terms of the HUD Regulatory Agreement encumbering the real property described in 538/015610-0047_ 247806.06 PM02 - 29 - such Agreement to be entered into between the HUD Secretary and the Developer, the terms of the HUD Regulatory Agreement shall prevail and govern; or if any provision of this Agreement in any way tends to limit the HUD Secretary in his administration of the Housing Act of 1959, as amended, or the Cranston -Gonzalez National Affordable Housing Act, or the regulations issued pursuant thereto, this Agreement shall be deemed amended so as to comply with the Acts, the regulations and the aforementioned HUD Regulatory Agreement. Notwithstanding anything in this Agreement to the contrary, during the Term of the HUD Capital Advance Documents, no amendment to this Agreement shall be effected without the prior written approval of the HUD Secretary, his successor or assigns. B. [§702] Amendments to this Agreement The Developer and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by either of the parties hereto, lending institutions or financial consultants to the Agency, provided such requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. VIII. [§800] ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS This Agreement may be executed in duplicate counterparts, each of which shall be deemed to be an original. This Agreement comprises pages 1 through 31, inclusive, and Attachment Nos. 1 through 9, attached hereto and incorporated herein by reference, all of which constitute the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof; provided, however, that nothing herein shall in any way modify, amend, or supersede, or otherwise affect the rights and obligations of Agency or Developer under the Option Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Developer. IX. [§900] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY This Agreement, when executed by the Developer and delivered to the Agency, must be authorized, executed and delivered by the Agency within forty-five (45) days after the date of signature by the Developer of this Agreement or this Agreement shall be void, except to the extent that the Developer shall consent in writing to further extensions of time for the authorization, execution and delivery of this Agreement. The Effective Date of this Agreement shall be the date when this Agreement has been signed by the Agency, which date shall be inserted in the preamble to this Agreement. [SIGNATURES ON NEXT PAGE] 4?0 538/015610-0047 247806.06 PM02 - 30 - G 4, 4 IN WITNESS WHEREOF, Agency and Developer have executed this Agreement as of the dates set forth below. DATED: , 2002 "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: ATTEST: Agency Secretary APPROVED AS TO FORM RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency DATED: 2002 Its: "DEVELOPER" SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California non-profit public benefit corporation By: Its: By: Its: 431 538/015610-0047 247806.06 PM02 - 31 - ATTACHMENT NO.1 SITE MAP •- 1,I��m-1a1S1 ---s- ot y' � t I •eroca , / I O� H�li/12 .p r I I �ti,• i � �c ►HOO"00 hA �' M yA V#1/0 nA Zia S$ O 11SWRI WA •r — � s-ftsitNv yA Nam' nA oouNow nA It I� NrorNYIA O Nm O! .,c n 41 1 13#4 VIA � I m NHYLVOW nA _ n Im UNUM WA VMS ff�7 kh 1 W N • t rJ-n-r--- — L R —-------, -- — —— --- •��b 1y at'fOa Y y� •t• s ~_ O •HN . Ri N f0 • � I 1 W In 1 E 1 \4e r• A Ir' T srips I q I i � � •fin I � I - - - - - - 9 1 I I F is l =u v 1 ! +•� $�� O E � rrxe I e5 r Eli pp 1 d cs �� tl O •� m ,, .- n 538/015610-0047 • I 4� 247806.06 PM02 y, v ATTACHMENT NO.2 LEGAL DESCRIPTION OF THE SITE That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: LOT 285 OF TRACT NO. 24230, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 214, PAGE(S) 69 THROUGH 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 538/015610-0047 247806.06 PM02 �' ATTACHMENT NO.3 OPTION AGREEMENT AND ASSIGNMENT [ATTACHED] it A 538/015610-0047 }� 247806.06 PM02 This OPTION AGREEMENT (the "Option" or "Agreement") is entered into as of April 17, 2001, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and SOUTHERN CALIFORNIA PRESBYTERIAN HOMES, a non-profit, public benefit corporation ("Optionee"). A. Agency is the owner in fee of that certain real property consisting of approximately eight acres located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" (the "Agency Parcel"). B. Agency and Optionee desire to enter into this Agreement to provide for Agency to grant to Optionee, and Optionee to obtain from Agency, upon the terms set forth in this Agreement, an option to acquire the Agency Parcel and all improvements now or hereafter constructed thereon and easements, licenses and interests appurtenant thereto (collectively, the "Property." Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Agency and Optionee agree as follows: 1.1 Grant of Option: Option Period. Agency, subject to the terms and conditions set forth herein, hereby grants to Optionee an option to purchase the Property ("Option"). This Option shall commence on the date hereof and shall continue until the "Option Termination Date" (the "Option Period"). The Option Terminate Date shall be dependent on whether Optionee receives notice from the United States Department of Housing and Urban Development ("HUD") on or prior to December 31, 2001, that Optionee's application for a fund reservation under Section 202 of the Housing Act of 1959, 12 U.S.C. Section 1701 q ("Fund Reservation") has been approved. If Optionee does not receive the Fund Reservation approval on or prior to December 31, 2001, the Option Termination Date shall be the earlier of (i) 4:00 p.m. on December 31, 2001; or (ii) the date Optionee receives notice that the application for a Fund Reservation has been rejected provided that if such notice of rejection is received by Optionee prior to December 31, 2001, Optionee shall have until December 31, 2001, to obtain a reversal of such rejection. If Optionee's application for the Fund Reservation is approved by HUD, the Option Termination Date shall be the date that is eighteen (18) months after the date that HUD approved the Fund Reservation. Notwithstanding anything in the foregoing to the contrary, in no event shall the Option Period expire earlier than November 30, 2001. GAWPDOCS\AgrmtSCPH. wpd 1.2 Purpose of Option. The parties agree that the purpose of this Option is for the specific purpose of facilitating the acquisition of the Property and the development thereon of an affordable senior citizen housing project containing eighty (80) units (the "Project"). 1.3 Consideration for Option. As consideration for the granting of the Option, Optionee shall pay to Agency the sum of Ten Dollars ($10.00), the sufficiency of which is hereby acknowledged. Said Option consideration shall not be applicable to the Purchase Price. 1.4 Exercise of Option. In the event Optionee elects to exercise the Option to purchase the Property and has performed all acts in the time and manner as required by the terms hereof, and is not in default under any provision of this Agreement, Optionee shall exercise the Option by delivering to Agency, on or before 4:00 p.m. on the last day of the Option Period, written notice of Optionee's election to acquire the Property together with a copy of HUD's approval of the Fund Reservation. 1.5 Automatic Termination. This Option shall automatically terminate without any notice to Optionee, and all rights of Optionee in and to the Property shall then and there cease if Optionee does not exercise the Option to purchase the Property in the manner set forth in Section 1.4 of this Agreement prior to the expiration of the Option Period set forth in Section 1.1. Such termination shall not release Optionee from its obligations to pay sums due and owing pursuant to the terms hereof up to and including the date of such termination, nor from Optionee's obligations pursuant to Sections 1.6, 5.1, and 5.3 hereof. 1.6 Document to Remove Cloud. This Agreement constitutes only an Option to purchase the Property, and although the Option granted hereby shall automatically terminate with respect to the Property unless exercised within the times provided for herein, or shall otherwise terminate as provided in Section 1.4, Optionee nonetheless in all events agrees to execute, acknowledge and deliver to Agency within ten (10) days after Agency's request therefor, any quitclaim deed or other document(s) required by a reputable title company of Agency's choice, which said title company might require to remove any cloud from the title of Agency to the Property that might arise as a result of the Option herein granted. 2. INSPECTIONS AND REVIEW. 2.1 Title Review. If Optionee receives the Fund Reservation, then thirty (30) days after Agency has received written notice from Optionee that Optionee has received the Fund Reservation, Agency shall deliver to Optionee a preliminary title report for the Property, together with copies of all written instruments creating the exceptions specified therein (collectively, the "Title Report"). Within thirty (30) days after receipt of -the Title Report, Optionee shall notify Option in writing ("Optionee's Title Notice") of any matters of title disapproved by Optionee (the "Disapproved G:\WPDOCS\AgrmtSCPH.wpd 2 O (!170 Exceptions"). Optionee's failure to deliver Optionee's Title Notice within said thirty (30) day period shall constitute Optionee's approval of all the title exceptions in the Title Report. Agency shall have a period of thirty (30) days after receipt of Optionee's Title Notice in which to notify Optionee in writing ("Agency's Title Notice") of Agency's election to either agree to remove the Disapproved Exceptions prior to the close of escrow for the conveyance of the Property to Optionee or to decline to remove the Disapproved Exceptions. Agency's failure to provide Optionee with Agency's Title Notice within said thirty (30) day period shall be deemed Agency's election to decline to remove the Disapproved Title Exceptions. In the event Optionee elects to exercise the Option, Optionee shall be deemed to have agreed to accept title to the Property subject to any Disapproved Exceptions which Agency in Agency's Title Notice notified Optionee it was declining to remove or which Agency shall be deemed to have decline to remove by its failure to deliver the Agency Title Notice ("Approved Title Exceptions"). The deadlines set forth in this Section 2.1 may be extended by mutual agreement of the parties. 2.2 Investigation of Property. Optionee, at its sole cost and expense, shall have the right to make such independent investigations, inspections, tests, reviews, studies or surveys (collectively, the "Investigations") as Optionee deems necessary or appropriate concerning the condition or suitability for ownership, use, subdivision, development, construction, or sale of the Property by Optionee, including, without limitation, any desired Investigations of the soils or groundwater conditions, including a study and determination as to the existence of any noxious, toxic, flammable, explosive or radioactive matter or any hazardous materials or hazardous substances or any crude oil or byproducts of crude oil. During the Option Period, Agency hereby grants to' Optionee and its representatives, agents, consultants, contractors, and designees a non-exclusive right of entry onto the Property for the purposes of conducting the Investigations. Optionee shall provide at least 48-hours advanced written notice to Agency when Optionee desires to exercise its right of entry. Agency shall have the right to reasonably refuse entry if such entry shall interfere with Agency's use of the Property. Optionee agrees to repair any damage or disturbance that Optionee or its agents, representatives, or contractors cause to the Property, and Optionee shall indemnify, defend, and hold Agency harmless from and against any and all claims, expenses, demands, lawsuits, causes of action, attorney's fees, and the like arising out of or related to the exercise by Optionee or its agents, representatives, or contractors, of the right of entry granted by Agency to Optionee pursuant to this Section 2.2. 3. FUND RESERVATION. As additional consideration for the granting of this Option,' Optionee hereby agrees to submit to HUD an application for the Fund Reservation on or before the deadline date for such submission occurring in May 2001 as imposed by HUD, and, thereafter, Optionee shall perform all actions as may be reasonably required to secure the Fund Reservation from HUD. Optionee shall request that HUD provide copies of all correspondence and notices regarding the Fund Reservation to Agency. L/ G:\WPDOCS\AgrmtSCPH.wpd 3� 1 •l� •� • • • i• 1 If Optionee receives the Fund Reservation and exercises the Option described herein, the Agency and Optionee shall open escrow as provided for in subsection (d) below and the following shall be conditions to close of escrow for the conveyance of the Property by Agency to Optionee: a. Conveyance of the Property for the agreed -upon purchase price ("Purchase Price"). With respect to the Purchase Price, the Purchase Price for the Property shall be $1,000,000 or the HUD determination of value for a "fully improved site" whichever is less. The Optionee agrees to consult with the Agency if HUD requires Optionee to obtain its appraisal by utilizing an appraiser from the list of appraisers approved by HUD. b. Agency and Optionee shall have entered into a Disposition and Development Agreement acceptable to HUD. The DDA shall contain the usual and customary terms of such agreements entered into by the Agency for affordable housing projects, shall contain provisions for the sale of real property for the Purchase Price, and shall refer to or include, as applicable, the other terms set forth in this Section 4. C. A regulatory agreement containing covenants, conditions, and restrictions pertaining to the development, operation, and maintenance of the Property of an 80-unit senior citizen rental housing project, with all of the units to be leased at rents not exceeding the maximum "affordable rent" under California law for persons and families of "very low income," i.e., persons and families whose income does not exceed fifty percent (50%) of the median income for Riverside County, adjusted for family size. The regulatory agreement shall run for not less than thirty (30) years from the date Project construction is completed. The regulatory agreement shall further provide that the Project shall comply with all HUD requirements with respect to rental rates, rental policies, availability to the general, public, maintenance, reporting requirements arid any other matter which is the subject of applicable HUD regulations. The regulatory agreement shall be subject to HUD approval. d. An escrow shall be opened with the Escrow Department at First American Title Insurance Company or other escrow company mutually acceptable to Optionee and Agency, within five(5) business days of the exercise of the Option, with the following terms applicable: (i) the Purchase Price shall be paid at close of escrow; (ii) Agency shall pay the premium for a CLTA standard owner's policy of title insurance in the amount of the Purchase Price subject to the Approved Title Exceptions and the exceptions Optionee approved or deemed to have approved pursuant to Section 2.1, and Optionee shall pay for any extended or additional coverage or endorsements. �3 G:\WPDOCS\AgrmtSCPH.wpd 4 (., 5 2 (iii) Agency shall pay for documentary stamps on the deed; (iv) Agency and Optionee shall each pay for one-half of the escrow charges; (v) taxes and assessments shall be prorated to close of escrow; and (vi) escrow closing shall be subject to Optionee obtaining a Firm Commitment for Capital Advance Financing from HUD and any other funds required for the project, with the closing of the HUD and any other financing occurring concurrently with the close of escrow for the Property. e. The close of escrow for the conveyance of the Property shall be on or before the date that is sixty (60) days following Optionee's exercise of the Option. f. Optionee shall accept the Property in its "As -Is", "Where -Is" and "With -All -Faults" condition. Agency staff has no actual knowledge of the presence of hazardous substances or materials in, under, or upon the Property. g. Agency's reasonable approval of_Optionee's Project financing other than the HUD Capital Advance including sources and uses of funds and a Project pro forma. h. Approval by the City of La Quinta of any land use approvals required for the Project, including but not limited to a Site Development Permit. MilliffNAM:11MAIN 5.1 Q torney's Fees. In the event of any dispute between the parties hereto involving the covenants or conditions contained in this Option or arising out of the subject matter of the Option, the prevailing party shall be entitled to recover, and the other party agrees to pay, all reasonable fees, expenses and costs, including, but not limited, to attorneys' fees and expert witness fees. 5.2 Notices. All notices required to be delivered under this Agreement to the other party must be in writing and shall be effective (i) when personally delivered by the other party or messenger or courier thereof; (ii) three (3) business days after deposit in the United States mail, registered or certified; (iii) twenty-four (24) hours after deposit before the daily deadline time with 'a reputable overnight courier or service; or (iv) upon receipt of a telecopy or fax transmission, -provided a hard copy of such transmission shall be thereafter delivered in one of the methods described in the G:\WPDOCS\AgrmtSCPH.wpd 5 v , G�3 foregoing (i) through (iii); in each case postage fully prepaid and addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other parties hereto: To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Thomas P. Genovese, Executive Director Telecopier: (760) 777-7101 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Fourteenth Floor Costa Mesa, California 92626 Attn: M. Katherine Jenson, Esq. Telecopier: (714)* 546-9035 To Optionee: Southern California Presbyterian Homes 516 Burchett Street Glendale, California 91203 Attn: Sally Little Telecopier: (818) 247-3871 5.3 Broker's Fees. Agency and Optionee each represents and warrants to the other than no third party is entitled to a real estate or broker's commission and/or finder's fee with respect to the transactions contemplated by this Agreement. Each party agrees to indemnify and hold the other harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorney's fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay broker's commissions and/or finder's fees. 5.4 Assignment. Optionee shall have no right to assign the Option herein granted or any right or privilege Optionee might have in the Option, by operation of law or otherwise, without the prior written consent of Agency, which consent may be withheld in Agency's sole and absolute discretion. Any attempt by Optionee to make an assignment other than with the prior written consent of Agency shall be null and void. Notwithstanding the foregoing, without the consent of Agency, Optionee shall have the right to assign this Agreement to a non-profit corporation formed for the sole purpose of owning and operating the project as required by HUD, but such consent shall not be effective unless and until the assigness agrees in writing to carry out and observe Optionee's agreements hereunder. 5.5 Time of the Essence. Time is of the essence with respect to each of the terms, covenants and conditions of this Agreement. 5.6 Binding on Heirs. Subject to the limitations set forth in Section 5.4 above, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. 4 1 G:\WPDOCS\AgrmtSCPH.wpd 6 5.7 Modification Waivers and Entire Agreement. Any amendments or modifications to this Agreement must be in writing and executed by both parties to this Agreement. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or agreements hereof to be performed by the party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions thereof This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and all negotiations and agreements, statements or promises between the parties hereto or their agents with respect to this transaction are merged in this Agreement, which alone expresses the parties' . rights and obligations. No prior agreements or understandings not contained herein shall be binding or valid against either of the parties hereto. 5.8 Interpretation: Governing Law: Forum. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Title and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. In -the event of any litigation between=the- parties hereto, the -Municipal and. Superior Courts of the State of California in and for the County of Riverside shall have exclusive jurisdiction. 5.9 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 5.10 Authority to Execute. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 5.11 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. G:\WPDOCS\AgrmtSCPH.wpd 7 4,11 G55 5.12 No Recordation. Optionee shall not Cause or allow this Agreement, short form, memorandum or assignment hereof to become of record in any public office without Agency's prior written consent, which consent may be withheld in Agency's sole discretion and absolute discretion. 5.13 Exhibit. Exhibit "A" attached hereto is hereby incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Option Agreement the day and year first above written. LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic TERRY NDERSON, Chairperson "AGENCY" ATTEST: J . GREEK, Agency Se etary APPROVED AS TO FORM UTAN & TUCKER, LLP M ATH RINE JEN ON, A ncy Legal Counsel SOUTHERN CALIFORNIA PRESBYTERIAN HOMES, a California non -prof' , public b fit corporation By: ---- -' --'� - Vic{ P%eside ffordaab,e Hous President, Project Development "OPTIONEE" 444 G:\WPDOCS\AgrmtSCPH.wpd 8 c EXHIBIT "A" LEGAL DESCRIPTION OF AGENCY PARCEL Lot 285 of Tract 24230, as shown by Map on file in Book 214, Pages 69 through 82, inclusive, of maps, records of Riverside County, California. 4,13 G:\WPDOCS\AgrmtSCPH.wpd 9 ATTACHMENT NO.4 SCHEDULE OF PERFORMANCE ITEM OF PERFORMANCE TIME FOR PERFORMANCE 1. Developer submits final plans and Complete. construction drawings for the Project 301.2 . 2. Agency approves (or disapproves) final plans Within ninety (90) days after Effective and drawings for Project 301.3 . Date. 3. Developer submits complete application for January 15, 2003. HUD Firm Commitment 215.1 . 4. Developer exercises option to acquire the On or before May 1, 2003. Site from A enc 201 . 5. Opening of Escrow (§203.1). Within five (5) business days following the Developer's exercise of the option to acquire the Site. 6. Developer receives HUI) Firm Commitment Prior to and as condition of the Close of 303.1 . Escrow. 7. Developer submits evidence of financial Within five (5) days of Developer's capability (§216). receipt of HUD Firm Commitment, but in any event prior to and as condition to Close of Escrow. 8. Agency's Executive Director approves (or Within five (5) days after receipt of disapproves) Developer's evidence of complete submittal and prior to Close of financial capability 216 . Escrow. 9. Close of Escrow; recordation of Grant Deed, Concurrent with the HUD Closing and Agency Regulatory Agreement, and upon satisfaction of all conditions to Memorandum of DDA (§§203.2, 203.6). Close of Escrow, but in no event later than August 1, 2003. 10. HUD Closing 203.2 . 1 Concurrently with Close of Escrow. 4 ct 538/015610-0047 247806.06 PM02 ' 1 ' r 8 11. Subject to Section 203.10 of the Agreement, Concurrently with Close of Escrow. Agency deposits Agency Construction Assistance into Escrow and deposits Agency Maintenance Assistance into Maintenance Escrow. 215 . 12. Developer submits, and obtains Agency Prior to Close of Escrow. Executive Director's approval of, evidence of insurance 301.6. 13. Developer commences construction of the Within ten (10) days after Close of Project 301.5. Escrow. 14. Developer completes construction of the Within twenty-four (24) months after Project and obtains certificate of occupancy Close of Escrow. from City 301.5 . 15. Agency issues Release of Construction Upon satisfactory completion of Covenants (§306). construction of the Project and performance of Items 1-14, upon request of Developer. 16. Developer submits to Agency annual report On or before August 1 st each year required pursuant to Health and Safety Code subsequent to completion of 33418, as amended from time to time. construction of the Project. It is understood that the foregoing Schedule is subject to all of the terms and conditions of the text of the Agreement. The summary of the items of performance in this Schedule is not intended to supersede or modify the more complete description in the text; in the event of any conflict or inconsistency between this Schedule and the text of the Agreement, the text shall govern. 538/015610-0047 247806.06 PM02 ATTACHMENT NO.5 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico La Quinta, California 92553 Attn: Executive Director (Space Above Line for Recorder's Use) Free recording requested per Government Code Section 6103. GRANT DEED FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic, hereby grants to SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation, that certain real property located in the City of La Quinta, County of Riverside, State of California, described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference. This conveyance is made subject to all matters of record. Pursuant to Sections 33435 and 33436 of the Health and Safety Code, Agency is required to obligate purchasers of real property to refrain from discrimination and to include certain non- discrimination clauses in deeds, leases, and contracts. NOW, THEREFORE: 1. Obligation to Refrain from Discrimination. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, or rental or in the use, occupancy, or enjoyment of the Property, nor shall Grantee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property or any portion thereof, The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 2. Form of Nondiscrimination and Nonsegrregation Clauses. Grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: a. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through them, n fX 6 538/015610-0047 247806.06 PM02 that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." b. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: `That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased."' C. In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of land." 3. Third Party Beneficiary. Agency shall be a third party beneficiary to the provisions of this Grant Deed and shall have the right, but not the obligation, to enforce the provisions hereof. LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Its: ATTEST: Agency Secretary "AGENCY" 4 ~� 538/015610-0047. E 247806.06 PM02 - 2 - 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] 538/015610-0047 247806.06 PM02 - 3 - r', 2 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY That certain real property in the City of La Quinta, County of Riverside, State of California, legally described as follows: LOT 285 OF TRACT NO. 24230, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 214, PAGE(S) 69 THROUGH 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 538/015610-0047 �, 3 247806.06 PM02 ATTACHMENT NO.6 SCOPE OF DEVELOPMENT [ATTACHED] 538/015610-0047 ( [� 247806.06 PM02 f_' ( 4 EXHIBIT 4(c)(i) BUILDING DESIGN Building Design - Residential Buildings Each of the two residential buildings has an overall "X" shaped plan. Each "X" contains four individual wings, containing 10 residential units each. These smaller wings help to create a smaller, more residential scale for the residents. The four wings come together at a central courtyard, forming the center of the "X". Located within this courtyard area are several community spaces for the building's residents. A small library/computer room can act as a quiet public space for reading or a space for resident access to computers and the Internet. A . hobby/craft room can be utilized for multiple group activities, such as sewing, painting, drawing, and ceramics, or can act as a quiet public space for possible board games like chess or backgammon. A laundry room with a spacious folding table has visual contact with the courtyard through windows to facilitate social interaction. A small lounge is open to the courtyard and will provide a setting for informal social interaction. This layout creates a strong sense of "neighborhood" for the forty residents of each "X" shaped building. This simple, compact layout, which takes advantage of outdoor spaces, is a cost- effective solution to a single story residential setting. The entire building is easily accessible to all residents. (Note: See "Unit Design", "Methods to Promote Energy Efficiency", and "Outline Specifications" for more building design information.) Building Design - Central Amenities Building The building will have an entry waiting/lounge, which seats approximately 8 people. This area can double as a waiting/social area for guests and residents, as well as a mailbox area The manager'. s office and the adjacent office are situated such that the manager or office personnel have immediate access to the Lobby and building entrance. It is important that management staff have such control to ensure security and to facilitate personal assistance to the residents. The Lobby is also provided with a large Display area and a separate area for posting of events/notices on a bulletin board. A Community Room, sized so all tenants can congregate and located prominently off the main lobby, will be provided. The area will be used for a variety of social, educational and recreational activities. The Community Room is designed to facilitate smaller, multiple activities to occur through its 2-sectioned shapd' This room might have a TV .or other passive recreational uses. Storage area for tables, chairs, and other items is provided and located in the Community Room.area The Community Room accesses the landscaped areas surrounding the building. A Service/warming Kitchen is located adjacent. to the Community Room and is designed to serve a variety of groups and events. The building will include a maintenance/shop area for maintenance items and will. have additional exterior storage for yard maintenance items when possible. Unit Design - Typical Living Unit Each one -bedroom unit will not exceed 540 total square feet in area. The units will vary slightly in exact layout, due to the building design constraints. Each apartment unit will contain a kitchen with a full-size range and refrigerator, sink and sufficient cabinet and counter space. Adjustable countertops and removable base cabinets allow for lowering of countertops to wheelchair accessible height. Living/dining areas will provide adequate space for living/dining conditions and ample closeVstorage that is easily accessed by each resident. All units are designed to be fully adaptable for persons with disabilities, including door strike clearances, bathroom layout, kitchen space, etc. An emergency call pull -cord system is installed in each unit bathroom and bedroom for the safety of the residents. These features will accommodate the changing needs of the residents over the next 10-20 years to permit "aging -in -place" and enable r the continued independence for the residents. t_ J Amenities and Special Space Accommodations A. Site Design • Resident parking is evenly distributed around the site and clustered near each residential wing, which minimizes travel distance to each unit. Guest parking is afthe project's entry and near the Central Amenities Building. • Automatictsecurity gates providing vehicular and pedestrian access will be provided at all entries to the site building whenever possible. • Outdoor courtyard recreation areas are provided to allow passive recreation activity. B. Building Design • Non -Slip flooring surfaces will be utilized throughout the buildings. • Separate laundry rooms with coin -operated washers and dryers, and a folding table will be provided at convenient; centralized locations. Computer/crafts areas will be provided at each of the two residential buildings. Large lounges to facilitate social interaction will open directly onto each of the two residential buildings' courtyards. • An outdoor patio off the Community Room is provided with open views within the complex. C. Unit Design • Blinds will be provided at all windows throughout. The inclusion of blinds will provide visual continuity from the exterior and will permit draperies, if desired, on the interior. 10 % of the dwelling units are specifically designed for the handicapped. • 2 % of the dwelling units are specifically designed for the visual and hearing impaired. i • An electric two door, self -defrosting, 14 cubic foot refrigerator and 24" electric range will be provided in each Living Unit. • Carpet will be provided in the living rooms, bedrooms, and halls of all Living Units. . . • The Living Units will have individual space heating and air conditioning and will have electric service individually metered. Fair Housing Accessibility Accommodations The project's design is sensitive to its end -users, our senior citizens. As such, the design team is concerned with both the residents that cur entl have disabilities, as well as the residents that shall be aging in place, and therefore potentially acquiring disabilities in the future. The facility is accessible on the site planning level, on the public facilities level, and at the individual resident's unit level. We have taken advantage of the relatively generous, flat site to create a single -story complex that is tied together by a continuous accessible route for our residents, as well as public guests. • All building entrances shall be located on this continuous accessible route, connecting site entry, accessible parking, building entrances, public amenities/areas, and resident units together. • All usable public and common use areas shall be fully accessible. Again they are connected to the continuous accessible route. Public telephones, rest rooms, and water fountains shall be ADA-compliant. The reception counter shall be at the proper height for wheelchair accessibility. All signage shall be ADA-complaint. • All doors shall accessible. Door clearances, hardware, signage, and "efforts to operate" shall all meet ADA requirements. • The continuous accessible route throughout the site/complex shall continue into, and throughout the covered unit. • All light switches, electrical outlets, thermostats, and other environmental controls shall be placed in accessible locations in all residential units, as well as all public and common areas. • All grab bars installed in the original construction shall be adequately reinforced within the wall framing system. At all locations where future grab bars could be placed (such as residential units' bathrooms), adequate reinforcing shall be provided in original wall framing system, at the proper heights. • All units are designed to be fully adaptable for persons with disabilities, which include the design of the kitchens and bathrooms. Adjustable countertops and removable base cabinets allow for lowering of countertops to wheelchair accessible height. Sufficient maneuvering space is provided in both the kitchen as well as the bathroom. Adequate door clearances and hardware are provided at the, bathrooms. All shower enclosures provide appropriate grab bars and benches, as well as proper water control locations. All units shall have reinforcing to accept grab bars at the toilets, for future installation when required. Site Planning The proposed project takes advantage of its 10-acre site by developing a series of simple, single - story structures, all within, or exceeding the city of La Quinta's required set backs at all four property lines. Two single story "X" shaped residential buildings house a total of 80 one -bedroom units. A centralized Central Amenities Building, housing the reception, offices, community room, support spaces, and an on -site manager's unit, is located between the two residential buildings. The "X" shaped buildings maximize light, views, and open spaces for the residential units, while creating the most efficient and compact layout for a single story complex. A loop road surrounding the complex evenly distributes resident parking among the units, while providing fire department access as well. On -grade guest parking is accessed off 47'" Avenue, at the entry of the project, and adjacent to the Central Amenities Building. Both the guest and resident parking areas have Van Accessible parking for persons with disabilities. The parking areas are landscaped consistent with city design guidelines. The perimeter yards are reserved for natural landscaping and a walking course for the residents. To capitalize on the site parameters, the proposed project is a series of one story, Type V, one -hour wood frame buildings. The footprints ant elevations of the buildings modulate to provide variety in the building shape and to provide site area for additional landscaping. The development consists of 79 one -bedroom apartment units and one 2-bedroom unit, which is for the on -site manager (total 80 units). The Central Amenities Building has direct views and access to the residential buildings,' capitalizing on site amenities. Taking advantage of the relatively flat site, all areas of the site and the *building are accessible to persons with disabilities. Exterior Areas The site security will be provided by fencing and/or walls, in combination with vehicular and pedestrian controlled access gates/doors at all entrances. On -grade landscaping will be provided at the front yard, the areas between the buildings, and at the courtyards at the center of each "X" shaped residential building. Seating for residents will be provided at each of the courtyards. Summary • The site complies with hazardous materials requirements, and meets the requirements of the underlying zone. Utilities are either directly adjacent or extremely close to the site. The project 067 affordability and location will encourage minority seniors in the neighborhood to become residents. The site, which meets the HUD site criteria, provides a safe and secure environment, where residents can live in a home -like atmosphere, while encouraging interaction with other residents and the La Quinta community. A �mm' r� s .r •� '1 .�i ' x' Fk.. CO _V K up.. E 0 > c c �- O- V C dE c J� c C A p J W G U< • O N M Q l!1 10 N 1+ 4 LA.G n CO 01 MIA V z V) D O O z LU _z D cn C m L O _O zz E o= U� � N O L N CL 0,71 ATTACHMENT NO.7 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director (SPACE ABOVE THIS LINE FOR RECORDER'S USE) This Release of Construction Covenants is recorded at the request and for the benefit of the La Quinta Redevelopment Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. RELEASE OF CONSTRUCTION COVENANTS WHEREAS, SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation ("Developer"), is the owner in fee of that certain real property more particularly described in the legal description attached hereto as Exhibit "A" (the "Property"); and WHEREAS, by a Disposition and Development Agreement (the "Agreement") dated , 2002, by and between Developer and the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency"), Developer has developed the Property according to the terms and conditions of said Agreement; and WHEREAS, pursuant to Section 306 of the Agreement, promptly after completion of all construction work to be completed by Developer on the Property, Agency shall furnish Developer with a Release of Construction Covenants upon written request therefor by Developer; and WHEREAS, the issuance by Agency of this Release of Construction Covenants shall be conclusive evidence that Developer has complied with the terms of the Agreement pertaining to the development of the Property; and WHEREAS, Developer has requested that Agency furnish Developer with this Release of Construction Covenants; and WHEREAS, Agency has determined that the development of the Property has been satisfactorily completed as required by the Agreement. 538/015610-0047 247806.06 PM02 {V' NOW, THEREFORE: 1. As provided in the Agreement, Agency does hereby certify that development of the Property has been fully and satisfactorily performed and completed, and that such development is in full compliance with said Agreement. 2. This Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Property, or any part thereof. Nothing contained herein shall modify in any way any other provision of said Agreement. 3. This Release of Construction Covenants shall not constitute evidence of Developer's compliance with those covenants in the Agreement that survive the issuance of this Release of Construction Covenants, or of the covenants in the Regulatory Agreement and Declaration of Covenants and Restrictions recorded on , 200, as Instrument No. in the Official Records of Riverside County. 4. This Release of Construction Covenants is not a Notice of Completion as referred to inCaliforniaCivil Code -Section 3093. - IN WITNESS WHEREOF, Agency has executed this Release of Construction Covenants as of this day of , 200_. -- LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic LIM CONSENT TO RECORDATION Its: On behalf of SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation, I hereby consent to the recordation of this Release of Construction Covenants against the Property described herein. Dated: SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation LE : Its: Its: 538/015610-0047 247806.06 PM02 -2- c73 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On , before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 538/015610-0047 247806.06 PM02 -3- 1_ f STATE OF CALIFORNIA ss. COUNTY OF On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] "C1 538/015610-0047 247806.06 PM02 -4- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: LOT 285 OF TRACT NO. 24230, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 214, PAGE(S) 69 THROUGH 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 14 A 538/015610-0047 r' 247806.06 PM02 �`" d ATTACHMENT NO.8 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director (SPACE ABOVE THIS LINE FOR RECORDER'S USE) This Agreement is recorded at the request and for the benefit of the La Quinta Redevelopment Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS THIS REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS ("Agreement") is entered into this _ day of , 2002 ("Effective Date"), by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation ("Owner"). RECITALS A. Owner is the owner in fee of that certain real property located in the City of La Quinta, County of Riverside, State of California, legally described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). B. Agency and Owner have entered into a Disposition and Development Agreement (the "DDA"), dated as of , 2002, concerning the disposition and development of the Property, which DDA is incorporated herein by reference and is a public record available for public inspection at Agency's offices. The definitions of all terms in the DDA shall apply to this Agreement unless otherwise indicated C. Pursuant to the DDA, Agency conveyed the Property to Owner and Owner agreed to construct seventy-nine (79) one bedroom affordable senior citizen rental units, one (1) two bedroom on -site manager's unit, and related improvements, as more particularly described in the DDA as the "Project." D. Agency and Owner desire to enter into this Agreement to place certain covenants and restrictions on Owner's development, use, operation, and maintenance of the Property, all as set forth herein. /IG.3 0'7'7 538/015610-0047 247806.06 PM02 AGREEMENT Based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency .of which is acknowledged by both parties, Agency and Owner agree as follows: 1. Definitions. The following terms as used in this Agreement shall have the meanings given below unless expressly provided to the contrary: The term "Affordable Rent" shall mean the following rate (which shall include a Utility Allowance): annual rentals whose amount does not exceed the maximum, percentage of income that can be devoted to rent by Very Low Income Tenants (which is 30% of 50% of the Area Median Income, adjusted for family size appropriate for the unit). The term "Area Median Income" means the median household income for the County of Riverside, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. In the event these federal determinations of Area Median Income are discontinued, the Area Median Income shall be the income limits established by the Department of Housing and Community Development in accordance with Health and Safety Code Section 50093. The term "Eligible Tenant" shall mean a tenant of one of the Residential Units within the Project who, as of the commencement date of his or her occupancy, satisfies both of the following requirements: (i) the person is a Very Low Income Tenant; and (ii) the person is a "qualifying resident" or "senior citizen" within the meaning of California Civil Code Section 51.3. A person who is "qualified permanent resident," "cohabitant," or "permitted health care resident" within the meaning of California Civil Code Section 51.3 and who resides with the Eligible Tenant described above shall also be considered an "Eligible Tenant"; provided, however that such person shall be entitled to reside in a Residential Unit only to the extent occupancy is permitted under Civil Code Section 51.3. The term "Initial Term" shall mean the period commencing on the Effective Date and continuing until the later of the following: (i) the date that is forty (40) years after the date of the first occupancy of a Residential Unit; or (ii) the expiration of the period of time defined in the DDA as the Term of the HUD Capital Advance Documents. The term "Low or Moderate Income Tenant" shall mean persons and families whose income does not exceed one hundred twenty percent (120%) of the Area Median Income, adjusted for family size in accordance with the adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. If the Second Term Condition is satisfied, during the Second Term, the Residential Units must be rented to Low or Moderate Income Tenants. The term "Project" shall have the meaning ascribed in Recital C. The term "Residential Unit" shall refer to all of the residential units on the Property excluding only the on -site manager's unit. %4 538/015610-0047 -2- r- 247806.06 PM02 The term "Second Term" shall mean the period commencing on the first day following the expiration of the Initial Term and continuing thereafter for, a period of fifteen (15) years, but not to exceed the date that is fifty-five (55) years after the date of the first occupancy of a Residential Unit. The term "Second Tenn Affordable Rent' shall mean the following rate (which shall include a Utility Allowance): annual rentals whose amount does not exceed the maximum percentage of income that can be devoted to rent by Low or Moderate Income Tenants (which is 35% of 110% of the Area Median Income, adjusted for family size appropriate for the unit). The term "Second Term Condition" shall have the meaning ascribed in Section 6 of this Agreement. The term "Second Term Eligible Tenant" shall mean a tenant of one of the Residential Units within the Project who, as of the commencement date of his or her occupancy, satisfies both of the following requirements: (i) the person is a Low or Moderate Income Tenant; and (ii) the person is a "qualifying resident' or "senior citizen" within the meaning of California Civil Code Section 51.3. A person who is "qualified permanent resident," "cohabitant," or "permitted health care resident" within the meaning of California Civil Code Section 51.3 and who resides with the Eligible Tenant described above shall also be considered an "Eligible Tenant"; provided, however that such person shall be entitled to reside in a Residential Unit only to the extent occupancy is permitted under Civil Code Section 51.3. The term "Utility Allowance" shall mean that amount required for utilities which are not paid for by Owner. The term "Very Low Income Tenant' shall mean persons and families whose income does not exceed fifty percent (50%) of the Area Median Income, adjusted for family size in accordance with the adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. 2. Duration of Covenants. The covenants set forth in this Agreement shall remain in effect from the Effective Date and continue until the expiration of the Second Term. As further described in Section 6 of this Agreement, if the Second Term Condition is satisfied, the affordability covenants and income levels required during the Initial Term will be different from those required during the Second Term. 3. Development of Project. Owner hereby covenants and agrees that Owner shall develop the Project on the Property within the times and subject to the terms and conditions set forth in the DDA. 4. Use. Owner shall operate the Property as an affordable senior rental project pursuant to the terms set forth in this Agreement. 5. Occupancy Levels. The number of persons permitted to occupy each Residential Unit shall not exceed the occupancy permitted pursuant to the general requirements of the United States Department of Housing and Urban Development, which as of the date of this Agreement �l 538/015610-0047 247806.06 PM02 -3- ) 4 9 is two persons per bedroom, plus one person (e.g., for a two bedroom unit the maximum number of persons residing in the unit can be five persons). The lease for each unit shall include a provision limiting the number of persons permitted to occupy each Residential Unit in accordance with the preceding sentence and Owner shall enforce such occupancy restrictions. 6. Income Eligibility; Affordable Rent. a. Affordability Covenants. During the term of this Agreement, the Residential Units are to be rented to and occupied only by Eligible Tenants, with each unit to be rented at no greater than Affordable Rent. A Residential Unit occupied by a tenant who qualifies as an Eligible Tenant at the commencement of the occupancy shall be treated as occupied by an Eligible Tenant at such income level until a recertification of such Eligible Tenant's income in accordance with Section 8 below demonstrates that such tenant no longer qualifies as an Eligible Tenant at that income level. b. Second Term Condition. Owner desires to expand the income category required by this Agreement to low or moderate income including very low income upon the commencement of the Second Term. Agency has agreed to permit this change in the income category provided that Agency receives confirmation that a determination has been made that (i) the change will not jeopardize Agency's ability to count the Residential Units towards the Agency's very low income housing requirements under the Community Redevelopment Law (Health & Safety Code §§ 33000 et seq.), including without limitation Agency's production housing requirements, and (ii) the financial assistance provided to Owner by Agency from Agency's Low and Moderate Income Housing Fund for the construction and maintenance of the Project will continue to qualify as funds used for the production of very low income housing for the purpose of the Community Redevelopment Law (collectively, the "Second Term Condition"'). The occurrence of either of the following, shall satisfy the requirement that "a determination has been made" within the meaning of the preceding sentence: (i) a court having jurisdiction has rendered a final, non -appealable judgment in a judicial validation action as to the satisfaction of the Second Term Condition, or (ii) the California Department of Housing and Community Development and any other regulatory or public agency with jurisdiction has provided Agency written confirmation as to the satisfaction of the Second Term Condition. If the Second Term Condition is satisfied, during the Second Term, the references in this Agreement to the term "Eligible Tenant" shall be deemed to mean "Second Term Eligible Tenant" as defined in Section 1, and the references to the term "Affordable Rent" shall be deemed to mean "Second Term Affordable Rent" as defined in Section 1. If the Second Term Condition is not satisfied, however, the terms "Eligible Tenant" and "Affordable Rent" shall continue to have the meaning given to those terms in Section 1 for the entire term of this Agreement. 7. Determination of Eligible Tenants. Owner shall make a good faith reasonable effort to determine the age and income eligibility of each prospective tenant prior to allowing the tenant to occupy a Residential Unit. Notwithstanding any other provision set forth in this Agreement to the contrary, in determining the age and income eligibility of a prospective tenant, Owner shall be entitled to rely upon documentation provided by the prospective tenant and Owner shall not be required to do any further or independent investigation or verification of the information provided by the prospective tenant. In the event Owner rents a Residential Unit to a 538/015610-0047 247806.06 PM02 0&0 tenant who is not an Eligible Tenant due to false information provided by the prospective tenant, Owner shall not be deemed to be in default of its obligations set forth in this Agreement; provided, however, that within a reasonable time after receiving such information, Owner shall take steps to terminate the tenancy of such tenant and re -let the Residential Unit to an Eligible Tenant. 8. Tenant Recertification. Immediately prior to the first anniversary date of the occupancy of a Residential Unit by an Eligible Tenant and on each anniversary date thereafter, Owner shall recertify the income of such Eligible Tenant. Notwithstanding any other provision set forth in this Agreement to the contrary, if, after performing such recertification, Owner determines that the tenant's household income exceeds the income at which such tenant would qualify as an Eligible Tenant, Owner at its option may permit the tenant to continue to reside in such Residential Unit, provided that Owner may increase the rent for such Residential Unit to an amount not greater than the "fair market rent" for comparable units in the area, as said amount is determined from time to time by the Housing Authority of the County of Riverside or other similar governmental housing agency. 9. Rental Agreements. The form of rental agreement between Owner and each of the tenants of the Residential Units shall obligate the tenants to comply with the provisions set forth in this Agreement. Not by way of limitation of the foregoing, each lease for a Residential Unit shall contain a provision to the effect that Owner has relied on the age and income certification and supporting information supplied by the tenant in determining qualification for occupancy of the Residential Unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease. In addition, each lease for a Residential Unit shall contain a provision permitting Agency to review any of Owner's books and records relating to whether the tenant is an Eligible Tenant hereunder and waiving any privacy or other rights the tenant may have that otherwise might prevent such disclosure. The initial form rental agreement to be utilized by Owner for the Residential Units, and any changes to such form rental agreement, shall be approved by Agency's Executive Director, which approval shall not be unreasonably withheld, prior to the initial use of the lease form and, each time the form is changed, prior to the first use of the changed form. Agency's Executive Director shall approve or disapprove the rental agreement (or changes thereto, as applicable) within fifteen (15) days of Owner's submittal. During the Term of the HUD Capital Advance Documents, the form of lease approved by HUD shall be deemed approved by Agency. 10. Annual Reports. On or before August 1 of each fiscal year (July 1 - June 30) or partial fiscal year, Owner shall submit or cause to be submitted to Agency's Executive Director the annual report required pursuant to Health and Safety Code Section 33418, as the same may be amended from time to time, in the form prescribed by Agency. 11. Books and Records. Owner shall maintain complete and accurate records pertaining to the Residential Units for a minimum period of four (4) years and shall permit any duly authorized Agency representative to inspect such books and records. 12. Repair and Maintenance of Property. Owner shall maintain or cause to be maintained all improvements that may exist on the Property from time to time in first class condition and repair (and, as to landscaping, in a healthy condition) (including without limitation ,41 r 538/015610-0047 247806.06 PM02 -5- 4 £ '1 V 1 any approved landscape plans), as the same may be amended from time to time, and all other applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. In addition, Owner shall (i) keep the Property or cause the Property to be kept free from all graffiti and any accumulation of debris or waste material and (ii) keep all trash containers out of public view during non -trash days and otherwise maintained in accordance with applicable requirements of Agency or any other governmental agency with jurisdiction. Owner shall make all repairs and replacements necessary to keep the improvements in first class condition and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials. In the event that Owner breaches any of the covenants contained in this Section 12, and such default continues for a period of one (1) day after written or verbal notice from Agency (with regard to maintenance and removal of trash containers), five (5) business days after written or verbal notice from Agency (with respect to landscaping, graffiti, debris, waste material, or general maintenance) or thirty (30) days after written notice from Agency (with respect to building improvements), then Agency, in addition to whatever other remedy it may have at law or in equity, shall have the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, Agency shall be permitted (but not required) with due notice and without disturbing the tenants to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by Agency and/or costs of such cure, including a fifteen percent (15%) administrative charge, which amount shall be promptly paid by Owner to Agency upon demand. Notwithstanding the foregoing, during the Term of the HUD Capital Advance Documents, there shall be no entry by Agency to perform such acts and work without the prior written approval of HUD, except in the event of an emergency, and any entry shall be upon at least forty-eight (48) hours notice to the Owner except in the event the nature of the emergency requires a shorter notice period. In addition, during the Term of the HUD Capital Advance Documents, (i) Agency shall not be permitted to attach a lien on the Property pursuant to this Section 12; and (ii) the 15% administrative charge described above shall be payable only from residual receipts if approved by HUD. 13. Insurance Obligations. a. Duty to Procure Insurance. Owner, for the term of this Agreement, shall procure and keep in full force and effect or cause to be procured and kept in full force and effect for the mutual benefit of Owner and Agency, and shall provide Agency evidence reasonably acceptable to Agency Executive Director, insurance policies meeting the minimum requirements set forth below: (i) Commercial General Liability insurance with respect to the Property and the operations of or on behalf of Owner, in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit including products, completed operations, contractual, bodily injury, personal injury, death and property damage liability per occurrence, subject to such increases in amount as Agency may reasonably require from time to time; provided, that the 538/015610-0047 247806.06 PM02 -6- i r 8 2 percentage increase in coverage shall not be required to exceed the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Los Angeles -Long Beach -Anaheim Average, All Items (1984 ` 100) (the "Index"), from and after the date of this Agreement, or, if said Index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said Index (the "CPI Adjustment"). Unless otherwise approved in advance by the Agency Executive Director, the insurance to be provided by Owner may provide for a deductible or self -insured retention of not more than Ten Thousand Dollars ($10,000), with such maximum amount to increase at the same rate as the periodic increases in the minimum amount of total insurance coverage set forth above. (ii) With respect to the improvements and any fixtures and furnishings to be owned by Owner on the Property, insurance against fire, extended coverage, vandalism, and malicious mischief, and such other additional perils, hazards, and risks as now are or may be included in the standard "all risk" form in general use in Riverside County, California, with the standard form fire insurance coverage in an amount equal to full actual replacement cost thereof, as the same may change from time to time. The above insurance policy or policies shall include coverage for earthquake to the extent generally and commercially available at commercially reasonable rates. Agency shall be a loss payee under such policy or policies and such insurance shall contain a replacement cost endorsement. b. Policy Requirements. All policies of insurance required to be carried by Owner shall meet the following requirements and contain the following endorsements, provisions, or clauses (as applicable): (i) The policies shall be written by responsible and solvent insurance companies licensed in the State of California and having a policyholder's rating of A or better, in the most recent addition of `Best's Key Rating Guide -- Property and Casualty." A copy of each paid -up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required herein, and containing the provisions specified herein, shall be delivered to Agency on or prior to the date of this Agreement, and thereafter, upon renewals, not less than thirty (30) days prior to the expiration of coverage. Agency may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Owner hereunder. In no event shall the limits of any policy be considered as limiting the liability of Owner hereunder. (ii) The insurer shall not cancel or materially alter the coverage provided by such policy in a manner adverse to the interest of the insured without first giving Agency a minimum of thirty (30) days prior written notice by certified mail, return receipt requested; and 538/015610-0047 247806.06 PM02 -7- 083 (iii) A waiver by the insurer of any right to subrogation against Agency, its officers, officials, members, employees, agents, or representatives, which arises or might arise by reason of any payment under such policy or policies or by reason of any act or omission of Agency, its officers, officials, members, employees, agents, or representatives. (iv) The Agency and the City and its respective officers, officials, members, employees, agents, and representatives shall be named as additional insureds on the Commercial General Liability policies. (v) Coverage provided by these policies shall be primary and non- contributory to any insurance carried by the Agency or its officers, officials, members, employees, agents, or representatives. (vi) Failure to comply with reporting provisions shall not affect coverage provided to Agency and its officers, officials, members, employees, agents, or representatives. 14. Repair of Damaae� a. Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. If the Project shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by Owner, Owner shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the Project to substantially the same condition as the Project is required to be maintained in pursuant to this Agreement, whether or not the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Owner shall complete the same as soon as possible thereafter so that the Project can continue to be operated and occupied as a senior housing project in accordance with this Agreement. In no event shall the repair, replacement, or restoration period exceed one (1) year from the date Owner obtains insurance proceeds unless Agency's Executive Director, in his or her sole and absolute discretion, approves a longer period of time. If, however, the then -existing laws of any governmental agencies with jurisdiction over the Property do not permit the repair, replacement, or restoration, Owner may elect not to repair, replace, or restore the Project by giving notice to Agency (in which event Owner shall be required to remove all debris from the Property) or Owner may reconstruct such other improvements on the Property as are consistent with applicable land use regulations and approved by the Agency, and any other governmental agency or agencies with jurisdiction. b. Application of Insurance Proceeds. All insurance monies received on account of damage or destruction, less the cost, if any, of such recovery, shall be applied as necessary to the payment of the cost of repairing, replacing, and restoring the improvements comprising the Project. Except as otherwise provided herein, if net available insurance monies shall be insufficient to pay the entire cost of such work, or if the damage or destruction shall be the result of a cause not required to be insured against, then Owner shall bear the cost thereof in excess of the net available insurance monies. 538/015610-0047 247806.06PM02 -8- 10 8 A C. Continued Operations. During any period of repair, Owner shall continue, or cause the continuation of, the operation of the housing complex on the Property to the extent reasonably practicable from the standpoint of prudent business management. d. Damage or Destruction Due to Cause Not Required to be Covered by Insurance. If the improvements comprising the Project are completely destroyed or substantially damaged by a casualty for which Owner is not required to insure against (and has not insured against), then Owner shall not be required to repair, replace, or restore such improvements and may elect not to do so by providing Agency with written notice of election not to repair, replace, or restore within ninety (90) days after such substantial damage or destruction. In such event, Owner shall remove all debris from the Property. As used in this subparagraph (d), "substantial damage" caused by a casualty not required to be (and not) covered by insurance shall mean damage or destruction which is fifty percent (50%) or more of the replacement cost of the improvements comprising the Project. In the event Owner does not timely elect not to repair, replace, or restore the improvements as set forth in the first sentence of this subparagraph (d), Owner shall be conclusively deemed to have waived its right not to repair, replace, or restore the improvements and thereafter Owner shall promptly commence and complete the repair, replacement, or restoration of the damaged or destroyed improvements in accordance with subparagraphs (a) and (b) above and continue operation of the housing complex during the period of repair (if practicable) in accordance with subparagraph (c) above. e. HUD Insurance Provisions. During the Term of the HUD Capital Advance Documents, the rights and obligations set forth in this Section 14 shall be subject to the rights of HUD as holder of the first lien on the Project. In connection therewith, in the event of loss covered by fire and extended coverage insurance, the insurance proceeds, to the extent of the HUD Capital Advance then remaining unpaid, shall be paid to the beneficiary of the HUD deed of trust and, at the option of the beneficiary, may be applied to the HUD Capital Advance or released for the repair or rebuilding of the Project. Any balance remaining of insurance proceeds shall be paid to the additional insured and, at the option of such additional insured, may be applied to the indebtedness owed to such insured or be released for repair or rebuilding of the Project. Surplus insurance proceeds thereafter may be dispersed to the Owner of the Project. 15. Indemnity. Owner shall indemnify, defend, and hold harmless Agency, and Agency's officers, officials, members, employees, agents, and representatives (collectively, "Agency Indemnitees") from and against any loss, liability, claim, or judgment relating in any manner to the development or use of the Property, excluding any liability caused by the gross negligence or willful misconduct of the Agency Indemnitees. 16. Taxes and Assessments. Owner shall pay, prior to delinquency, all property taxes and assessments in connection with the Property; provided, however, that nothing herein shall prohibit or prevent Owner from challenging the applicability or amount of any tax or assessment pursuant to the applicable procedures required by law. 17. Compliance with Laws. Owner shall comply with all applicable laws, regulations, and rules of any governmental agencies having jurisdiction with regard to the construction of the Project and any activities conducted on the Property, including the operation of the Project and the Lease of the Residential Units. 471 538/015610-0047 1r 247806.06 PM02 18. Covenants Run with the Land. All conditions, covenants, and restrictions contained in this Agreement shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by Agency, its successors and assigns, and the City of La Quinta and its successors and assigns, against Owner, its successors and assigns, to or of the Property conveyed herein or any portion thereof or any interest therein, and any party in possession or occupancy of said Property or portion thereof. In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that Agency and the City are each deemed a beneficiary of the agreements, covenants, and restrictions provided hereinabove both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of Agency and the City and such covenants shall run in favor of Agency and City for the entire period during which such covenants shall be in force and effect, without regard to whether Agency is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by the City and Agency which real property shall be deemed the benefited property of such covenants. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of the Agency and City. Agency shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any action at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant. 19. Gross Mismanagement. Owner shall manage or cause the Property to be managed in a prudent and business -like manner. In the event of "Gross Mismanagement" (as that term is defined below) of the Project, Agency shall have the authority to require that such Gross Mismanagement cease immediately, and further to require the immediate replacement of the Manager; provided, however, Agency acknowledges that during the Term of the Capital Advance Documents the manager cannot be replaced without the prior written approval of HUD. Agency shall provide written notice to Owner of the event(s) of Gross Mismanagement occurring and Owner shall have five (5) days after receipt of such notice to cure, correct, or remedy the event(s) of Gross Mismanagement identified in the Agency's notice and to notify the Agency Executive Director of the cure, correction, or remedy. For purposes of this Agreement the term "Gross Mismanagement" shall mean management of the Project in a manner which violates the terms and/or intention of this Agreement to operate a senior housing complex of the highest standard, and shall include, but is not limited to, the following: (i) Knowingly leasing to ineligible tenants or tenants whose income exceeds the prescribed levels; (ii) Knowingly allowing the tenants to exceed the prescribed occupancy levels without taking immediate steps to stop such overcrowding; 1172 539/015610-OO47 -10- 006 247806.06 PMoz (iii) Failing to timely maintain the Project and the Property in the manner required by this Agreement or failing to submit materially complete reports; (iv) Failing to timely submit the reports as required by this Agreement; (v) Fraud in connection with any document or representation relating to this Agreement or embezzlement of Project monies; and (vi) Failing to fully cooperate with the Police Department in maintaining a crime -free environment on the Property. 20. Modification of Agreement. Agency and its successors and assigns, and Owner and the successors and assigns of Owner in and to all or any part of the fee title to the Property, shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, conditions, or restrictions contained in this Agreement without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in the Property. Any amendment or modification to this Agreement must be in writing and signed by Agency and Owner, or their successors and assigns, and during the Term of the HUD Capital Advance Documents shall also require the. approval of HUD. 21. Recognition of HUD Agreement. Notwithstanding anything herein to the contrary, in the event the Secretary of HUD ("HUD Secretary"), during the Term of the HUD Capital Advance Documents, should take title to the Property through foreclosure, deed in lieu of foreclosure, or otherwise, all covenants, conditions and restrictions set forth in this Agreement shall cease and terminate and be of no further force and effect. Notwithstanding anything herein to the contrary, if, during the Term of the HUD Capital Advance Documents, any provision of this Agreement tends to contradict, modify or in any way change the terms of the HUD Capital Advance Documents, including the HUD Regulatory Agreement encumbering the Property to be entered into between the HUD Secretary and the Owner, the terms of the HUD Capital Advance Documents shall prevail and govern; or if any provision of this Agreement in any way tends to limit the HUD Secretary in his administration of the Housing Act of 1959, as amended, or the Cranston -Gonzalez National Affordable Housing Act, or the regulations issued pursuant thereto, this Agreement shall be deemed amended so as to comply with the Acts, the regulations and the aforementioned HUD Capital Advance Documents. Owner shall not be in default of this Agreement for failure to comply with any term or provision that is inconsistent with the HUD Capital Advance Documents. 22. Interpretation: Governing Law: Forum. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. In the event of any litigation between the parties hereto, the Municipal and Superior Courts of the State of California in and for the County of Orange shall have exclusive jurisdiction. l';13 538/015610-0047 -11- r! 247806.06 PM02 23. Assignment. Except as permitted in Section 106 of the DDA, Owner shall not assign this Agreement or any interest in the Property. 24. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. [SIGNATURES ON NEXT PAGE] 538/015610-0047 -12- 247806.06 PM02 IN WITNESS WHEREOF, Agency and Owner have caused this instrument to be executed on their behalf by their respective officers or agents herein duly authorized as of the date first written above. ATTEST: Agency Secretary APPROVED AS TO FORM RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Its: "OWNER" SENIOR AFFORDABLE HOUSING CORP. NO.3, a California non-profit, public benefit corporation By: By: Its: Its: 538/015610-0047 rl� 247806.06 PM02 -13- STATE OF CALIFORNIA ss. COUNTY OF On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 538/015610.ON7 247806.06 PM02 -14- STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] T7 7 538/015610-0047 _ 1 247806.06 PM02 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: LOT 285 OF TRACT NO. 24230, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 214, PAGE(S) 69 THROUGH 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 538/015610-0047 247806.06 PM02 n 9 2 ATTACHMENT NO.9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attn: Executive Director (Space Above For Recorder's Use) This Memorandum of Disposition and Development Agreement is recorded at the request and for the benefit of the La Quinta Redevelopment Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT ("Memorandum") is entered into this _ day of , 2002, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation ("Developer"). This Memorandum is made with reference to the following: 1. On or about the date of this Memorandum, Developer acquired from Agency fee title to that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Property"). 2. On or about October , 2002, Agency and Developer entered into that certain Disposition and Development Agreement which provides for Developer to develop an affordable housing senior rental project on the Property. The definitions of all terms contained in the Disposition and Development Agreement shall apply to this Memorandum. 3. The Disposition and Development Agreement provides for Agency and Developer to enter into this Memorandum and to record the same in the Official Records of the County of Riverside to provide notice to all persons of the existence of said Disposition and Development Agreement and to cause the Disposition and Development Agreement to run with the Property and be binding on Owner and Owner's successors -in -interest as to the Property. 14 73 53s/015610ooa7 -1- r1 9 3 247M.06 a10/10/02 4. The parties wish to memorialize that Section 701 of the Disposition and Development Agreement provides as follows: Notwithstanding anything herein to the contrary, in the event the Secretary of HUD ("HUD Secretary"), during the Term of the HUD Capital Advance Documents, should take title to the Site through foreclosure, deed in lieu of foreclosure, or otherwise; all covenants, conditions and restrictions set forth in this Agreement shall cease and terminate and be of no further force and effect. Notwithstanding anything herein to the contrary, if, during the Term of the HUD Capital Advance Documents, any provision of this Agreement tends to contradict, modify or in any way change the terms of the HUD Regulatory Agreement encumbering the real property described in such Agreement to be entered into between the HUD Secretary and the Developer, the terms of the HUD Regulatory Agreement shall prevail and govern; or if any provision of this Agreement in any way tends to limit the HUD Secretary in his administration of the Housing Act of 1959, as amended, or the Cranston -Gonzalez National Affordable Housing Act, or the regulations issued pursuant thereto, this Agreement shall be deemed amended so as to comply with the Acts, the regulations and the aforementioned HUD Regulatory Agreement. Notwithstanding anything in this Agreement to the contrary, during the Term of the HUD Capital Advance Documents, no amendment to this Agreement shall be effected without the prior written approval of the HUD Secretary, his successor or assigns. 5. This Memorandum may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. 5381015610-0047 rj (� 247806.06 a10/10/02 -2- i 1 ,r IN WITNESS WHEREOF, Agency and Developer have entered into this Memorandum as of the date first set forth above. "DEVELOPER" SENIOR AFFORDABLE HOUSING CORP. NO.3, a California non-profit, public benefit corporation By: Its: By: Its: "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Its: Executive Director ATTEST: Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency 538/015610-0047 247806.06 a10/10/02 -3- STATE OF CALIFORNIA ss. COUNTY OF On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ss. COUNTY OF Notary Public 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] 538/015610-0047 247806.06 a10/10/02 -4- _� STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] 538/015610-M7 n 247806.06 a10/10/02 -5- 9 7 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: LOT 285 OF TRACT NO. 24230, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 214, PAGE(S) 69 THROUGH 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. S4 538/015610-0047 v 8 247806.06 a10/10/02 ATTACHMENT NO.10 PROJECT BUDGET [ATTACHED] tM 598/015610-0047 r' 247806.06 a10/10/02 v ATTACHMENT NO. 10 PROJECT BUDGET FOR LA QUINTA SENIOR HOUSING 8/16/02 COSTS: Construction, building permits, bonds: $ 7,482,305 Architectural fees: $ 385,000 Other fees: $ 759,095 Site development Permits: $2,000 Environmental assessments: $3,550 Plan check/permits: $142,235 Engineering: $5,250 Fire Department: $1,670 Health: $179 School fees: $102,500 (actually $27,500) Water/sewer fees: $350,325 Electric connection assumed: $104,000 (high -Mike Checking on this) Survey assumed: $6,500 Soils assumed: $3,900 Cost analyst assumed: $9,700 Cost certification (contractor): $7,000 Archeological: $1,375 Appraisal: $3,000 Phone connections: $2,000 Phase II: $13,610 Phase I: 41,600 Gas Department: $15,000 Pool design: $6,000 Insurance: $ 40,000 Taxes: $ 20,000 Developer Fee: $ 506,000 Consultant: $ 50,000 Contingency: $205,408 Organizational costs$250,592 Cost Certification/audit: $ 7,000 Legal: $ 28,000 Title and Recording: $ 20,000 Land: $ 1,000,000 Total costs: $10,247,400 Plus amenity escrow $ 142,000 Plus off -sites: $ 75,000 TOTAL COSTS: $10,464,400 FUNDS AVAILABLE• HUD Grant: $ 9,577,400 City Grant: $ 887,000 Total funds available: $10,464,400 1196 In0 City Funds: Amenty escrow for pool and patios: $ 142,000 Patios: $ 80,000 Carports: $ 50,000 Excess parking/landscaping: $ 300,000 Metal trellises: $ 125,000 Pool: $ 50,000 Architectural fees for amenities/design: $ 65,000 Off -sites: $ 75,000 Total City funds: $ 887,000 c� 7