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2003 02 04 CCea# 4 44dja 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 Quinta, California 92253 Regular Meeting Tuesday February 4, 2003 - 2:00 p.m. Beginning Resolution No. 2003-010 Ordinance. No. 381 I. CALL TO ORDER ROLL CALL: Council Members: Henderson, Osborne, Perkins, Sniff, Mayor Adolph II. 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 (3) minutes. Please watch the timing device on the podium. III. CLOSED SESSION 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. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, MARK WEISS, PURSUANT TO GOVERNMENT CODE SECTION 54954.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 1 1 1 AND WASHINGTON STREET (APN'S 643-020-017, 018, 023) WASHINGTON SQUARE. PROPERTY OWNER/NEGOTIATOR: DALE FRANK. 2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) PENDING LITIGATION - JENSEN'S COMPLETE SHOPPING V. CITY OF LA QUINTA, RIVERSIDE SUPERIOR COURT, INDIO, CASE NO. INC 033597. City Council Agenda Page 1 February 4, 2003 RECONVENE 3:00 P.M. IV. PLEDGE OF ALLEGIANCE 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 (3) 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 Vill. WRITTEN CORRESPONDENCE - None IX. APPROVAL OF MINUTES APPROVAL OF THE MINUTES OF JANUARY 21, 2003. 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. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 4, 2003. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF $1,000 FROM CHAMPION CADILLAC-CHEVROLET FOR THE LA QUINTA POLICE DEPARTMENT. 3. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATES FOR THE WASHINGTON STREET AND MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS, PROJECT NO. 2002-09, AND APPOINTMENT OF A SELECTION COMMITTEE. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DIRECTOR AND THE ASSISTANT CITY ENGINEER TO ATTEND THE PUBLIC WORKS OFFICERS INSTITUTE TO BE HELD IN MONTEREY, CALIFORNIA, FEBRUARY 26-28, 2003. City Council Agenda Page 2 February 4, 2003 �- 5. APPROVAL TO ALLOCATE PROPOSITION 12 AND ROBERTI-Z'BERG-HARRIS FUNDS. 6. ACCEPTANCE OF PHASE II - FRITZ BURNS PARK COURT LIGHTING IMPROVEMENTS - PROJECT NO. 2000-15, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 2. XI. BUSINESS SESSION 1 . CONSIDERATION OF COMMUNITY SERVICE GRANT APPLICATIONS. A. MINUTE ORDER ACTION. 2. CONSIDERATION OF PARTICIPATION IN THE WASTE TO WONDERS ART CHALLENGE TO BE HELD APRIL 11-13, 2003, AS REQUESTED BY S.C.R.A.P. A. MINUTE ORDER ACTION. 3. CONSIDERATION OF APPOINTMENT TO FILL CULTURAL ARTS COMMISSION VACANCIES. A. MINUTE ORDER ACTION 4. CONSIDERATION OF A REQUEST FOR CHANGE IN MEMORIAL TREE PROGRAM POLICY. A. MINUTE ORDER ACTION XII. STUDY SESSION - NONE XIII. REPORTS AND INFORMATIONAL ITEMS 1 . CITY COUNCIL AD HOC COMMITTEE REPORTS 2. CVAG COMMITTEE REPORTS 3. CHAMBER OF COMMERCE WORKSHOP/INFORMATION COMMITTEE (PERKINS) 4. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS) 5. C.V. MOUNTAINS CONSERVANCY (SNIFF) 6. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (OSBORNE) 7. LEAGUE OF CALIFORNIA CITIES COMMITTEE (HENDERSON) 8. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF) 9. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION 11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE 12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 14. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 15. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) City Council Agenda Page 3 February 4, 2003 XIV. 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 REPORT 5. COMMUNITY DEVELOPMENT REPORT 6. COMMUNITY SERVICES REPORT 7. FINANCE DIRECTOR 8. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 9. POLICE CHIEF REPORT 10. FIRE CHIEF XV. MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION OF CHAPTER 9.200 OF THE ZONING CODE - TABLE 9.23 DISCRETIONARY REVIEW AUTHORITY. (REQUESTED BY MAYOR ADOLPH) 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 - None 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 to the La Quinta 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 project(s) 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 February 4, 2003 1 . PUBLIC HEARING TO CONSIDER A RESOLUTION AMENDING THE CITY'S GENERAL PLAN CIRCULATION ELEMENT (EXHIBIT 3.54 CITY ROADWAY CLASSIFICATIONS) BY CHANGING THE EXISTING CLASSIFICATION FOR THE FOLLOWING STREETS: FRED WARING DRIVE, ADAMS STREET, AND DUNE PALMS ROAD. A. RESOLUTION ACTION XIX. ADJOURNMENT Adjourn to a regularly scheduled City Council Meeting to be held February 18, 2003, 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. City Council Agenda Page 5 February 4, 2003 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, February 4, 2003, 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, January 31, 2003. DATED: January 31, 2003 JUN REEK, 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. City Council Agenda Page 6 February 4, 2003 T4ht 4 aCPQ" COUNCIL/RDA MEETING DATE: FEBRUARY 4, 2003 ITEM TITLE: Demand Register Dated February 4, 2003 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING RECOMMENDATION: Approve Demand Register Dated February 4, 2003 BACKGROUND: Prepaid Warrants: 52494 - 525151 23,244.39 52516 - 525261 10,243.09 Wire Transfers} 118,074.67 P/R 10225 - 103001 123,479.81 P/R Tax Transfers} 36,904.02 Payable Warrants: 52527 - 526551 954,315.61 $1,266,261.59 FISCAL IMPLICATIONS: Demand of Cash -City $1,104,330.56 Demand of Cash -RDA $161,931.03 ,CIA, M. Falconer, Finance Director CITY OF LA QUINTA BANK TRANSACTIONS 1/15/03 - 1/29/03 1/17/03 WIRE TRANSFER - DEFERRED COMP 1/17/03 WIRE TRANSFER - PERS 1/17/03 WIRE TRANSFER - CREDIT UNION 1/23/03 WIRE TRANSFER - RDA ESCROW $13,249.34 $12,603.33 $5,942.00 $86,280.00 TOTAL WIRE TRANSFERS OUT $118,074.67 I i 0 1 2 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:32PM 01/29/03 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 52527 01/29/03 &01903 SHARON CHEATWOOD 4.00 52528 01/29/03 &01904 POWER FINANCE ASSOC 367.31 52529 01/29/03 &01905 CHARMAINE ABBOTT 75.00 52530 01/29/03 &01906 MARLYS ALLEN 75.00 52531 01/29/03 &01907 SONYA AMMAN 30.00 52532 01/29/03 &01908 LORETTA DUFFY 30.00 52533 01/29/03 &01909 SARAH GOETZMAN 75.00 52534 01/29/03 &01910 HEATHER GREGORY 45.00 52535 01/29/03 &01911 SUSIE KAYE 100.00 52536 01/29/03 &01912 DIANE MILLER 75.00 52537 01/29/03 &01913 RITA MOTTER 15.00 52538 01/29/03 &01914 RICHARD SAMPSON 50.00 52539 01/29/03 &01915 ART SUAREZ 43.00 52540 01/29/03 &01916 PATRICIA VIXIE 40.00 52541 01/29/03 &01917 COLLEEN WALSH 30.00 52542 01/29/03 &01918 LOUISE WEST 30.00 52543 01/29/03 &01919 VICKI WIERSMA 30.00 52544 01/29/03 &01920 PHYLLIS YUNKER 15.00 52545 01/29/03 &01921 EVERGREEN DEVCO INC 300.00 52546 01/29/03 AlRO01 A-1 RENTS 78.40 52547 01/29/03 ACE010 ACE HARDWARE 691.41 52548 01/29/03 ACT100 ACT GIS INC 1900.00 52549 01/29/03 ALB006 ALBERTSONS STORE #6567 109.87 52550 01/29/03 AME175 AMERICAN FORENSIC NURSES 42.00 52551 01/29/03 AT0010 A TO Z PARTY RENTALS 443.56 52552 01/29/03 ATT040 AT&T WIRELESS DATA SVC 49.00 52553 01/29/03 AUT030 AUTOMATED TELECOM 538.74 52554 01/29/03 BAN015 DAVE BANG ASSOCIATES INC 1475.00 52555 01/29/03 BRI100 BRINKS INC 300.00 52556 01/29/03 CAD010 CADET UNIFORM SUPPLY 204.70 52557 01/29/03 CAL016 CA ASSEMBLY OF LOCAL ARTS 75.00 52558 01/29/03 CAL019 CA ASSOC LOCAL ECONOMIC 445.00 52559 01/29/03 CAL060 CALIF STREET MAINTENANCE 5243.52 52560 01/29/03 CAL140 CAL CONTRACTORS SUPPLIES 142.89 52561 01/29/03 CAL237 CALIFORNIA OVERNIGHT 38.50 52562 01/29/03 CAL240 CALIFORNIA POOLS & SPAS 425.00 52563 01/29/03 CAR050 CAREER TRACK 239.00 52564 01/29/03 CAR300 CARQUEST 235.50 52565 01/29/03 CDW050 CDW GOVERNMENT INC 527.04 52566 01/29/03 CHE050 CHECKMATE EXCHANGE 62.53 52567 01/29/03 COM002 COMMAND ONE SECURITY 54.00 52568 01/29/03 COR150 CORPORATE EXPRESS 58.42 52569 01/29/03 DAN200 DANONE WATERS OF NORTH 2O2.27 52570 01/29/03 DES018 DESERT ELECTRIC SUPPLY 2931.94 52571 01/29/03 DES020 DESERT FLAGS & POLES 909.95 52572 01/29/03 DES065 DESERT TEMPS INC 2975.76 52573 01/29/03 DES450 DESIGN WORKSHOP INC 22520.83 3 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 2:32PM 01/29/03 CITY OF LA QUINTA BANK ID: DEF PAGE 2 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT 52574 01/29/03 ELM100 ELMS EQUIPMENT RENTAL INC 1819.09 52575 01/29/03 EVA050 DAVID EVANS & ASSOC INC 800.00 52576 01/29/03 EXP200 EXPRESS DETAIL 1235.00 52577 01/29/03 FAI010 FAIRMONT HOTEL 2054.91 52578 01/29/03 FED010 FEDERAL EXPRESS CORP 92.17 52579 01/29/03 FRA030 FRANKLIN COVEY 66.28 52580 01/29/03 GAT015 GATEWAY BUSINESS 6626.64 52581 01/29/03 GMA100 GMA 33500.00 52582 01/29/03 GOM100 LINDA GOMEZ 35.00 52583 01/29/03 GUY100 GUYS & GALS UNIFORMS 30.55 52584 01/29/03 HAR100 JOHN HARDCASTLE 44.85 52585 01/29/03 HIG010 HIGH TECH IRRIGATION INC 120.46 52586 01/29/03 HIL150 HILTON FARNKOPF & 4901.25 52587 01/29/03 HOA010 HUGH HOARD INC 2183.00 52588 01/29/03 HOM030 HOME DEPOT 3791.92 52589 01/29/03 HOP050 BOB HOPE CHRYSLER CLASSIC 2250.00 52590 01/29/03 HOR100 DODIE HORVITZ 42.35 52591 01/29/03 INF030 INFORMATION RESOURCES 250.00 52592 01/29/03 INL200 INLAND POWER EQUIPMENT CO 262.18 52593 01/29/03 JAS100 JAS PACIFIC INC 8917.76 52594 01/29/03 JPRO10 JP REPROGRAPHICS 255.35 52595 01/29/03 JUD010 JUDICIAL DATA SYSTEMS COR 328.58 52596 01/29/03 KIN100 KINER/GOODSELL ADVERTISNG 22772.85 52597 01/29/03 KRI100 BRUCE KRIBBS CONSTRUCTION 12372.00 52598 01/29/03 KUS050 KUSTOM SIGNALS INC 177.85 52599 01/29/03 LOP050 RAY LOPEZ ASSOCIATES 21238.40 52600 01/29/03 MAI100 MAIL BOXES ETC 9.60 52601 01/29/03 MAT100 MATICH CORPORATION 10000.00 52602 01/29/03 MCDO10 MC DOWELL AWARDS 59.59 52603 01/29/03 MOB200 MOBILE SATELLITE VENTURES 438.78 52604 01/29/03 M00095 MOORE MAINTENANCE & 4257.65 52605 01/29/03 MUN010 MUNI FINANCIAL SERV INC 7500.00 52606 01/29/03 MYE100 MYERS NUART LIGHTING PROD 726.36 52607 01/29/03 NAT033 NATIONAL SAFETY COUNCIL 869.17 52608 01/29/03 NEX010 NEXTEL COMMUNICATIONS 1372.89 52609 01/29/03 NIC101 NICKERSON & ASSOC INC 5227.50 52610 01/29/03 OFF005 OFFICE DEPOT INC 247.74 52611 01/29/03 OWE020 OWEN & BRADLEY 157.50 52612 01/29/03 PAI100 ELSA PAISLEY 65.00 52613 01/29/03 PAP050 PAPERDIRECT INC 251.83 52614 01/29/03 PER075 PERFORMANCE ABATEMENT SVC 4366.00 52615 01/29/03 PET005 CASH/PETTY CASH 115.48 52616 01/29/03 PET100 PET PICKUPS 644.99 52617 01/29/03 PRI020 THE PRINTING PLACE 368.19 52618 01/29/03 PRY050 FRED PRYOR SEMINARS 477.00 52619 01/29/03 PUR100 PURKISS ROSE-RSI 73.00 52620 01/29/03 RAL050 RALPHS GROCERY CO 125.01 52621 01/29/03 RCL100 R C LANDSCAPE MAINTENANCE 150.00 52622 01/29/03 REG042 REGENTS-UC RIVERISDE 465.00 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF 2:32PM 01/29/03 PAGE 3 CHECK CHECK VENDOR NUMBER DATE NO. NAME PAYMENT AMOUNT 52623 01/29/03 RGA100 RGA LANDSCAPE ARCHITECTS 9483.27 52624 01/29/03 RIV030 RIVERSIDE COUNTY CLERK 5.00 52625 01/29/03 RIV075 RIVERSIDE COUNTY FAIR 5000.00 52626 01/29/03 RIV100 RIVERSIDE COUNTY SHERIFFS 316127.63 52627 01/29/03 RJT010 RJT HOMES, LLC 4717.34 52628 01/29/03 ROS010 ROSENOW SPEVACEK GROUP 29045.20 52629 01/29/03 ROT100 ROTO ROOTER 992.75 52630 01/29/03 RUI100 JOHN RUIZ 31.45 52631 01/29/03 SAN200 SAN DIEGO ROTARY BROOM CO 258.60 52632 01/29/03 SCA130 SCACEO 60.00 52633 01/29/03 SER050 SERVICE MASTER JANITORIAL 625.00 52634 01/29/03 SHA030 SHANGRILA 230.00 52635 01/29/03 SIM020 JAMES E SIMON CO 293561.10 52636 01/29/03 SMA010 SMART & FINAL 238.90 52637 01/29/03 SOU003 SOUND IMAGE 582.60 52638 01/29/03 SOU007 SOUTHWEST NETWORKS, INC 6127.00 52639 01/29/03 STA050 STAPLES 138.64 52640 01/29/03 ST0040 CAM STONE'S AUTOMOTIVE 574.47 52641 01/29/03 SUN075 SUNLINE TRANSIT AGENCY 369.25 52642 01/29/03 SUN080 SUNLINE SERVICES GROUP 257.57 52643 01/29/03 TKDO10 T.K.D. ASSOCIATES INC 473.92 52644 01/29/03 TOP010 TOPS'N BARRICADES INC 1563.02 52645 01/29/03 TRIO10 TRI LAKE CONSULTANTS INC 23504.00 52646 01/29/03 TRI100 TRI STATE LAND SURVEYORS 4130.00 52647 01/29/03 TRU010 TRULY NOLEN INC 256.00 52648 01/29/03 USB100 US BANK 7815.70 52649 01/29/03 VAL005 VALLEY ANIMAL CLINIC 60.00 52650 01/29/03 VAN075 VANDORPE CHOU ASSOC INC 33648.22 52651 01/29/03 WAL050 WALL STREET JOURNAL 189.00 52652 01/29/03 WIN050 WINDSHIELD PROS 270.13 52653 01/29/03 XER010 XEROX CORPORATION 1424.67 52654 01/29/03 YOU100 YOUNG ENGINEERING SERVICE 3990.00 52655 01/29/03 ZUR050 ZUMAR INDUSTRIES INC 79.32 CHECK TOTAL 954,315.61 11 5 N M v' Ln r co Ol O a O F Z M 0 \ rn N \ � x H U N N r r r r r r r r r r O W F N N N N N N N N N N N N C (� rl E rL m E- E EH F El F E- E+ F E-I F F E- F E-1 F E F E" •• O ti O O O O O O O O O O ti [� O M O O O O O O O O O O Z F w z r Ln ul o o Ln n o s o O r �n Q E m < O O O O O O O O O O O M O O O O O O (D O O W v w O o £ a to r r M M r c O r r-1 > rZ. 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 11:49AM 01/23/03 PAGE 1 52516 01/23/03 APP100 TOWN OF APPLE VALLEY 52517 01/23/03 COA080 COACHELLA VALLEY WATER 52518 01/23/03 ELRO10 EL RANCHITO 52519 01/23/03 FRE100 JOHN FREELAND 52520 01/23/03 IND010 CITY OF INDIO 52521 01/23/03 SOU002 SOUL OF CHINA 52522 01/23/03 SOU207 SO CAL CITY CLERKS ASSOC 52523 01/23/03 TIM075 TIME WARNER CABLE 52524 01/23/03 VER200 VERIZON 52525 01/23/03 VER210 VERIZON INTERNET SOLUTION 52526 01/23/03 WEI050 MARK WEISS CHECK TOTAL PAYMENT AMOUNT 20.00 7879.04 180.88 125.90 50.00 295.74 60.00 1342.13 176.40 69.00 44.00 10,243.09 z a O F 2 M O M N ~ U O W F E i i i E Z z s C7 < W W W W W W W w W w W w W W � rC 07 F F H F F F F F F F F F F F � a rn M •• O N O O v O M O O O O � F o r o N N o 0 Z H w Z O O r M N CD O N m m 6 v ?1 O < r O v m O O O M O o O c O m m O r o r-1 O C O Ql O C11 �n W CD N r m O N U Ln Ol O v r l0 v m r-1 U) ry < a N r w z w a O z m a U ❑ w Z m p I- w O C7 x u7 W z .] a F a W < < W < < �-+ < W < w t < W < Z x EH P. 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NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 52494 01/16/03 &01902 CENTER OF SPIRIT 630.00 52495 01/16/03 CAL167 CALPERS LONG-TERM CARE 26.31 52496 01/16/03 CDW050 CDW GOVERNMENT INC 68.35 52497 01/16/03 CIR010 CIRO'S RESTORANTE 62.98 52498 01/16/03 COA080 COACHELLA VALLEY WATER 737.35 52499 01/16/03 COA084 COACHELLA VALLEY WATER 55.00 52500 01/16/03 DES033 CITY DESERT HOT SPRINGS 30.00 52501 01/16/03 EXP300 EXPRESS FRAME 198.88 52502 01/16/03 FRA010 MARNI FRANCISCO 294.50 52503 01/16/03 GAS010 GASCARD INC 1325.17 52504 01/16/03 IMPO10 IMPERIAL IRRIGATION DIST 1360.66 52505 01/16/03 IMP150 IMPERIAL SIGN CO INC 1455.00 52506 01/16/03 LAQ050 LA QUINTA CITY EMPLOYEES 702.91 52507 01/16/03 POW300 POWER PERSONNEL INC 2097.36 52508 01/16/03 RIV040 RIVERSIDE CNTY DEPT CHILD 426.50 52509 01/16/03 SOU010 SOUTHERN CALIF GAS CO 194.57 52510 01/16/03 SPRO10 SPRINT 36.18 52511 01/16/03 STA044 DARREN STANLEY 62.50 52512 01/16/03 UN1005 UNITED WAY OF THE DESERT 156.00 52513 01/16/03 USP015 U S POSTMASTER 1689.60 52514 01/16/03 VER200 VERIZON 938.55 52515 01/16/03 WEL025 WELLS FARGO BANKCARD 10696.02 CHECK TOTAL 23,244.39 m 24 a o F Z M 0 U C7 C9 of C7 C7 C9 C7 C7 C7 C7 U C7 C7 U .� o w H E o E E E E E E E E E E w w 0) w w w w w w w w w w w w E < m F F F F H E- F F+ F F F F E-E F F P+ W rn .. o o m o o m 0 ry F O O M M m a' o r m N C C W H z O O 1� m N v' O m v Ol ul G W v' O M O N 1D l0 N ti l0 m �fl M 6� Q� N M T r-1 r+ N M o m C O m O O M M o M O O m �l w C cn I-o m N r o O m v U M c2 �o c,3 m r C N w a a F w < C) Q z o a m w w w F n E ❑ ❑ a F F F a a a w a a Z a w ;S H Ft Ft Ft a E- F w F, E < a w w z 0 o o H a H H Fv H H i F Ela F F w O O O 30 O W O 0 O a O O "" F H F H F cl� H z H F F U H w W �+ W U U V U U W V H W u) ❑ 0. i� f5 CG O cL > > > > > fZ E- LL F DC a fZ z a a p H O u) O O cn O cn m cn m cn O w O w O o 0 o Z > c� ❑ ❑ ❑ -.-I ❑ S ❑ ❑ ❑ ❑ w ❑ ❑ Ll U ❑ cL Z U Z Z Z ❑ Z U Z S Z cZ 0. 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Cx W a N N N N N N N (n U) U) m m a< Q H w n a a a a a a a G Z w W W w W W W w W w w s uJ :7 > > > > > > > 3 3 3 3 v y Q W > .n ,n 0 0 0 0 0 0 0 O � O O O O O O O N Q �+ O O N N N N " N N O O O c O Q E H a a a a a a a a 4 a y a w Q z n w w w w w < U D D > > > > > > > 3 s 3 3 3 y 27 A/P - AP6002 CHECKS TO BE VOIDED CITY OF LA QUINTA BANK ID: DEF CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 52302 DEF 12/26/02 100.00 LCC100 LCC-RIVRSIDE DIVISION TOTAL VOIDED 100.00 09:08AM 01/22/03 PAGE 1 INVOICE DESCRIPTION ANNUAL MEMBERSHIP DUES m A/P - AP6002 CHECKS TO BE VOIDED 09:07AM 01/22/03 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK BK INVOICE VENDOR VENDOR NUMBER ID DATE AMT. PAID NUMBER NAME 51036 DEF 09/16/02 48.75 MON400 VICTOR MONZ TOTAL VOIDED 48.75 INVOICE DESCRIPTION MILEAGE 29 Tity 4 4 Q9mrw COUNCIL/RDA MEETING DATE: February 4, 2003 ITEM TITLE: Adoption of a Resolution Accepting a Donation of $1,000 from Champion Cadillac -Chevrolet for the La Quinta Police Department RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the acceptance of $1,000 from Champion Cadillac -Chevrolet to the La Quinta Police Department. FISCAL IMPLICATIONS: The $1,000 will be used to offset some of the expenses associated with retrofitting the Community Oriented Policing Station. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 8, 2003, the president of Champion Cadillac -Chevrolet donated $1,000 for use by the La Quinta Police Department (Attachment 1). In order to accept the money, the City must adopt a resolution formally accepting the donation. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 2. Adopt a Resolution of the City Council approving the acceptance of $1,000 from Champion Cadillac -Chevrolet to the La Quinta Police Department; or Do not adopt a Resolution of the City Council approving the acceptance of $1,000 from Champion Cadillac -Chevrolet to the La Quinta Police Department; or 3. Provide staff with alternative direction. rj .. Respectfully submitted, —T-;�. L�� Tom Hartung, Director of 6uilding and Safety Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Written Correspondence Richard Hauke G:\POLICE\donationagenda.wpd 0 %. RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ACCEPTING A CASH DONATION WHEREAS, on January 8, 2003, Champion Cadillac -Chevrolet generously donated $1,000 for use by the La Quinta Police Department; and WHEREAS, money was donated to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and, WHEREAS, it is in the best interest of the City of La Quinta to accept the donation to defer some of the costs associated with opening the Community Oriented Policing Office. NOW, THEREFORE, the City Council of the City of La Quinta does hereby RESOLVE as follows: 1 . The City of La Quinta hereby accepts the donation of $1,000 from Champion Cadillac -Chevrolet. 2. The City Manager is hereby directed to utilize the funds to defer some of the costs associated with opening the Community Oriented Policing Office. PASSED, APPROVED and ADOPTED this 4" day of February, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Don Adolph, Mayor City of La Quinta, California G:\POLICE\donationagenda.wpd 3 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California ATTEST: M. KATHERINE JENSON, City Attorney City of La Quinta, California G:\POLICE\donationagenda.wpd CHEVROLET January 8, 2003 ATTACHMENT 1 MR. JOHN M. HORTON, Jr., Captain CHIEF OF POLICE La Quinta Police Department 78-495 Calle Tampico La Quinta, CA 92253 Dear Chief Horton: Thank you for involving us in the opening ceremony for the new Community Policing Office in La Quinta. Congratulations again on the success of your teams efforts to bring to life this great asset to our community. As a member of the local business community, we are pleased to be a part of significant community events. We believe that as good corporate citizens we should be active in the support of local law enforcement and other local agencies, when possible, to help improve the quality of life and the environment for the future of this community and our businesses. We all grow together. Recognizing the ongoing needs for funding, I am proud to offer your department a donation in the amount of one thousand dollars to be used as you feel necessary. Please accept this with CHAMPION CADILLAC-CHEVROLETS best wishes. Be sure to know that we appreciate all that you and your team of quality professionals do every day. Sincerely, 4 RICHARD T. HAUKE President RTH:vd Enclosure 41 78-611 Highway 111 Telephone 760-346-2345 La Quinta, CA 92253 www.buychampion.com Facsimile 760-771-0529 ° Servicing All 0 Cars & Trucks T4'yl 4 e(P O&Z COUNCIL/RDA MEETING DATE: February 4, 2003 ITEM TITLE: Approval of a Professional Services Agreement with David Evans and Associates, Inc. to Prepare the Plans, Specifications and Engineer's Estimates for the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002- 09 and Appoint a Consultant Selection Committee AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA), in the amount of $46,580.00, with David Evans and Associates, Inc. to prepare the plans, specifications and engineer's estimate of probable constructions costs (PS&E) for the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 and appoint a Consultant Selection Committee. • The following represents the approved funding and funding sources: Funding Source Amount City Infrastructure Funds' $316,01 1 .00 Congestion Mitigation Air Quality (CMAQ) Funds $595,235.00 TOTAL: $91 1,246.00 'May be reduced by up to S / /,1 1 y it Iviarsc grans is awaraeo. T:\PWDEPT\COUNCIL\2003\030204a.wpd I P% e'. The following represents the approved project budget: Activity Budget Design $67,738.00 Construction $677,380.00 Inspection/Testing/Survey $52,497.00 City Administration $33,869.00 Contingency $79,762.00 TOTAL: $ 91 1, 246.00 As illustrated, adequate funding is available. The project will be partially funded with a Federal Grant and will be subject to prevailing wage requirements, irrespective of the City's Charter exemption from prevailing wages. The proposed improvements include installing parkway vegetative stabilization (landscaping and irrigation) adjacent to the Redevelopment Agency owned property on the southeast corner of Washington Street and Miles Avenue. On November 5, 2002, the City Council authorized staff to include the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements within the FY 2002/2003 Capital Improvement Plan (CIP), appropriated up to $316,01 1 .00 from City Infrastructure Reserve Funds, adopted the proposed project budget, and adopted a Resolution of the City Council approving the submittal of a project application to the Mobile Source Air Pollution Reduction Review Committee (MSRC) for partial funding of the Miles Avenue/Washington Street Parkways Stabilization Improvements and appropriated up to $595,235 in Congestion Mitigation Air Quality (CMAQ) funds and up to $77,119 in MSRC grant funds toward this project. On November 19, 2002, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate of probable constructions costs (PS&E) for T:\PWDEPT\COUNCIL\2003\030204a.wpd 2 the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 and appointed a Consultant Selection Committee. The City received one proposal on December 18, 2003 to complete the work outlined within the RFP. The proposal, from David Evans and Associates, Inc. (DEA), was evaluated to ensure the proposed fee was competitive in nature and that the scope of work adequately responded to the needs of the project. The Consultant Selection Committee unanimously recommends DEA be awarded a PSA, in the amount of $46,580.00, to prepare the PS&E. Contingent upon the City Council's approval of the attached PSA (Attachment 1) on February 4, 2003, the following represents the anticipated project schedule: Project Design 0 8 weeks) February - June 2003 City Council Approval of PS&E June 17, 2003 Bid Period June - July 2003 Award Consideration August 2003 Construction September - December 2003 The alternatives available to the City Council include: 1 . Approve a Professional Services Agreement (PSA), in the amount of $46,580.00, with David Evans and Associates, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) of probable constructions costs for the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 and appoint a Consultant Selection Committee; or 2. Do not approve a Professional Services Agreement (PSA), in the amount of $46,580.00, with David Evans and Associates, Inc. to prepare the plans, specifications and engineer's estimate (PS&E) of probable constructions costs for the Washington Street/Miles Avenue Parkway Soil Stabilization Improvements, Project No. 2002-09 and appoint a Consultant Selection Committee; or T:\PWDEPT\COUNCIL\2003\030204a.wpd 3 14 3. Provide staff with alternative direction. Respectfully submitted, '1 Timothy R. Jon sson, E. Public Works Director/ ity Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1 . Professional Services Agreement (PSA) T:\PWDEPT\COUNCIL\2003\030204a.wpd PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and DAVID EVANS AND ASSOCIATES, INC. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Washington Street and Miles Avenue Parkway Soil Stabilization Improvements. Project No 2002-09 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant 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 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. 1.3 Licenses Permits Fees and Assessments. Except as otherwise specified herein, Consultant 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. Consultant 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. 1.4 Familiarity with Work. By executing this Agreement, Consultant 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 Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible 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 Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant 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. et r 6Base-con.rev 5 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "Y (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Forty Six Thousand Five Hundred Eighty Dollars ($46,580.00) (the "Contract Sum"), except as provided in Section 1.6. 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 Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by 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, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 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 Exhibit "C" (the "Schedule of Performance"). 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 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 Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract 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 or her judgement such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. A 7 Oase-con.rev 6 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 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. 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Cliff Simental, L.S., Senior Vice President b. Kim S. Rhodes, L.A., Vice President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other 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 Steve Speer, P.E., Assistant City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant 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 Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of 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 City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant 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. Consultant 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. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 113 Oase-con.rev 7 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant'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 Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by 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: Contract Sum Personal Injury/Property Damage Coverage 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 Consultant shall 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 Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant'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 Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to 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 to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, "City indemnitees," 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) ("claims") and for errors and omissions committed by Consultant, its officers, anyone directly or indirectly employed by Consultant, any subcontractor, I I 6Base-con. rev g and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant'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. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, Consultant shall be obligated to promptly pay any final judgement or portion thereof rendered against the City indemnitees. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant'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 Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant 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 principals. 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 Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant 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. Consultant shall cause all subcontractors l� 6Base-con.rev 9 to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. ► •: u ► 05 ► 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 Consultant 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, City may take such immediate action as 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 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant 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 non defaulting 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 Consultant 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 Consultant. 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 F. .. expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are Oase-con.rev 10 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 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 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant 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 or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed 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. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant 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 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 affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant 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, color, creed, religion, sex, marital status, national origin or ancestry in the performance of thisr, 11 Agreement. Consultant shall take affirmative action to insure that applicants are employed and" (' Oase-con. rev 11 that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give 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. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92253 To Consultant: DAVID EVANS AND ASSOCIATES, INC. Attention: Kim S. Rhodes, L.A. Vice President 800 North Haven Avenue, Suite 300 Ontario, California 91764-4915 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, 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 Severabilitv_. 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 judgement or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect 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 Authority. 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 hereto are formally bound to the provisions of this Agreement. 6Base-con. rev 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: June Greek, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT [Dow l d E yams F A 5 SOc ., 1.11 c. Name: Kim S. Rhodes, L.A. Title: Vice President Date: 1 - �'2- u - C 1-3 13 Exhibit A Scope of Services David Evans and Associates, Inc. scope of services, dated December 18, 2002, is attached and made a part of this Agreement. 14 December 18, 2002 Exhibit "A" Task I — Pre -Design Meeting The DEA project manager shall attend a start up meeting with City staff to discuss the design intent (including plant palette) and visit the project area to clarify field conditions. This meeting shall provide a thorough review of the scope of services, objectives, design, maintenance requirements, method of irrigation, construction schedule and budget. Task 2 — Field Survey (Optional) DEA survey crews will compile research and recover horizontal and vertical control at the project site. DEA shall locate curb improvements at 50' intervals in addition to providing ground shots approximately 25' behind the curb to obtain cross fall data. This information shall be downloaded and compiled in X,Y, & Z for each point located. Both .ASC and .DXF files will be provided in order for Task 3 to commence. Task 3 — Project Area Base Maps DEA shall prepare project area base maps for the Washington Street and Miles Avenue Parkway Soil Stabilization Improvement Project. These plans shall be developed from DEA survey data compiled in the above noted task (or from digital data available from other City sources). The team shall also perform a physical assessment of the project area to determine the placement of elements and nearby landscaping (including adjacent sidewalks) which impact the overall design. Plans shall be prepared at 1" = 20'. Task 4 — Data Collection /Agency Coordination DEA shall obtain pertinent infrastructure data such as water and power points of connection and water pressure data. This task includes up to three meetings with city and Redevelopment staff in addition to attending a Planning Commission Meeting and a City Council Meeting. Coordination with CVWD is included herewith in order to obtain project approval. Task 5 — Grading Plan DEA engineers and landscape architects shall work closely to develop a grading plan for the parkway improvement area. This plan shall be a coordinated effort between DEA and the Keith Companies. If berming is desired to screen parking for the new development, this shall be represented accordingly. The decomposed granite walk shall also be shown; where in future, the City shall install concrete sidewalks. Task 6 — Planting Plan Plans shall include a plant legend indicating trees, palms, shrubs, and ground covers, in addition to information regarding fines and decorative rock. The legend shall indicate the botanical and common names, quantity, size, and remarks (such as variety and staking procedure). The plans shall provide an integrated palette of material in accordance with the city landscape guidelines for image corridors. Task 7 — Irrigation Plan The final irrigation plans will provide the necessary information for a complete and fully automatic drip irrigation system for the project area. The plans will indicate the ,Nashinaton Street and Miles Avenue Parkway Stabilization Improvements 15 point(s) of connection based upon CVWD requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. Task 8 — Project Specifications DEA shall prepare project technical specifications in addition to modifying the boilerplate document provided by the city. Task 9 — Construction Cost Estimate and Bid Schedule The project team shall prepare a final construction cost estimate and bid schedule in a per unit basis of proposed improvements once the construction documents have been completed. This format shall directly match the contractor bid schedule for ease of comparison. The estimate shall be in tabular form for each construction item showing quantity, unit, unit price and total cost. Task 10 —Agency Coordination This task includes agency coordination necessary to obtain approvals. At a minimum, DEA anticipates providing the City with a "typical" plan view portion of the work indicating proposed plant material and walkway location, in addition to an 85% and 95% plan check submittal to the city. Once the 85% submittal is complete, plans will be modified where necessary to begin the CVWD plan check submittal and approval process. All plans will be provided to the city on CD in AutoCAD Release 14 (or the latest desired version) on "D" size mylar. Specifications will be provided in Microsoft Word and the Engineer's estimate will be provided in Microsoft Excel. Task 11— Assistance During Bidding The DEA team shall assist the City during the bid process which shall include answering questions from perspective bidders. This task shall also include the attendance at the pre -construction meeting to present information on the construction documents. The pre -construction meeting will include a site visit if desired. 7 Washinaton Street and Miles Avenue Parkway Stabilization Improvements 16 Exhibit B Schedule of Compensation Payment shall be made on a Lump Sum Fixed Fee Basis in accordance with the Consultant's Cost Proposal Sheet, dated December 18, 2002, attached herewith and made a part hereof, in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed Forty Six Thousand Five Hundred Eighty Dollars ($46,580.00) except as specified in Section 1.6 - Additional Services of the Agreement. Any eligible direct costs will be reimbursed at cost plus 10%. At its sole discretion, the City of La Quinta may choose to implement the optional Field Survey work objective at a cost not to exceed $3,260.00. 17 m t x w to 16. E 'd cc G , d 0 O L Q - • .. a CO � 40 co.� N N 69. dUtA t � � CL p C� d LLL o aC4 C • C • u IM O o!S :r C H Q N j`° w CD • ' • • • .. • O LO 6s O O C co tr CO 1 60 0 H a c Z� w co E Q cuQ) 16 rn_n t0 Y .L fn U (o N � t 3 -o C L W N Y N Gj C� N C •p O Cp n� O = (CO E N C O 30 o `r s� CU C- Zo _ (D CO N •t7 M w Exhibit "B" December 18, 2002 CITY OF LA QUINTA COST PROPOSAL SHEET WASHINGTON STREET AND MILES AVENUE PARKWAY STABILIZATION IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposals to provide landscape design services for the Washington Street Corridor and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. Task 1 - Pre -Design Meeting $ 480.00 2. Task 2 - Field Survey (Optional) $ - 3. Task 3 - Project Area Base Maps $ 2 720.00 4. Task 4 - Data Collection / Agency Coordination $ 3,640.00 5. Task 5 - Grading Plan $ 6,200.00 6. Task 6 - Planting Plan $ 9,000.00 7. Task 7 - Irrigation Plan $ 12 280.00 8. Task 8 - Project Specifications $ 3,360.00 9. Task 9 - Construction Cost Estimate and Bid Schedule $ 2,600.00 10. Task 10 -Agency Coordination $ 3,580.00 11. Task 11 - Assistance During Bidding $ 2,720.00 TOTAL LUMP SUM FIXED $ $ 46,580.00 (Please Note: Total does not include optional tasks) Consultant may include as many, or as few, work objective it believes are necessary to complete the project. Field Survey is shown as an optional task and will be charged at a lump sum rate of $3,260, plus a $400 reimbursable fee, should this task be desired. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. IDN c,( Evans-- >r Assoc., =r c-. Prime Consultant i1. R h o des, L. A. 3 9 C 7 /)-- / ? - 0 �-- Date Signed 19 Exhibit C Schedule of Performance Consultant shall complete all services within 18 Weeks of the date of this Agreement. The anticipated completion date shall be June 11, 2003. David Evans and Associates, Inc. Project Schedule, dated December 18, 2002, is attached and made a part of this Agreement. It n 0 N M w c a d_ E °' N Q1 `4 Q Q Q <D E a c co occ CL N YQ • al N C O. N Q 'O N .O ` 16 w � 3 C Cc O c V d a Q N � d m N d LL G m R +r a m LL �I c 0 LL Lo f+ C � N LL I Exhibit D Special Requirements None. Titvl 4 a4� Qu&Z COUNCIL/RDA MEETING DATE: February 4, 2003 ITEM TITLE: Authorization for Overnight Travel for the Public Works Department Director and the Assistant City Engineer to Attend the Public Works Officers Institute to be Held in Monterey, California, February 26-28, 2003 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorization for overnight travel for the Public Works Department Director and the Assistant City Engineer to attend the Public Works Officers Institute to be held in Monterey, California, February 26-28, 2003. FISCAL IMPLICATIONS: The Fiscal Year 2002/2003 Budget has allocated funds for travel, training and meetings for staff. Attendance at this conference is estimated to be $2,691.48 based on the following costs: • Registration $860.00 • Hotel $911.40 • Meals $600.00 • Travel $320.08 Total $2,691.48 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities Public Works Officers Institute gives public works professionals from around the state the opportunity to discuss challenges and opportunities in the field of public works management. The institute will be held February 26-28, 2003, in Monterey, California. If approved, the Public Works Director/City Engineer and Assistant City Engineer will attend this conference. The program description is included as Attachment 1 . �)4 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize overnight travel for the Public Works Department Director and Assistant City Engineer to attend the Public Works Officers Institute to be held in Monterey, California, February 26-28, 2003; or 2. Do not authorize overnight travel for the Public Works Department Director and Assistant City Engineer to attend the Public Works Officers institute to be held in Monterey, California, February 26-28, 2003; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. Jona4ion, P.E. Public Works Director/ City Engineer Approved for submission by: � J �a Thomas P. Genovese, City Manager Attachments: 1 . League of California Cities, Public Works Officers Institute Program Description 2 ATTACHMENT 1 LEAGUE OF CALIFORNIA CTTTES PUBLIC WORKS OFFICERS INSTITUTE Wednesday — Friday, February 26-28, 2003 Hyatt Regency, Monterey, California You'll Want To Attend If You Are A... • Public Works Director • Assistant Public Works Director • City Engineer • Assistant City Engineer • County Engineer • Assistant County Engineer You'll Benefit by Learning About... • Transportation issues and the high speed rail • Ethics in Public Works • How to find the money for financing projects • How to create positive relationships with the City Council • Asset management • Working through the regulatory process • Balancing work and life — and much more!! This Institute will be held in conjunction with the annual meeting of the County Engineers Association of California and offers a chance to meet County's Engineers. In addition, this Institute offers a unique opportunity to discuss hot topics such as staffing, organizational structure, and local goals with your CalTrans Regional Director. These regional breakout sessions are designed to improve state and local project delivery by enhancing the partnership with your CalTrans district. Don't miss out on this unique opportunity — REGISTER NOW. If you are involved with Municipal Public Works Management, this meeting is for you! GOLFERS! See attached flyer for information and sign up instructions for the Golf Tournament, Tuesday afternoon, February 25th at the Del Monte Golf Course. Advance Conference Registration and Hotel Reservation Deadline: i Wednesday, January 29, 2003 8:30 — 5:00 p.m• 10:00 — 1 1:30 a.m. Noon — 1:30 p.m. 2:00 — 3:30 p.m• 4:00 — 5:30 P.m — Preliminary Program Wednesday, February 26, 2003 NOTE: The order of topics is subject to change. Registration and City Books Open — Regency Foyer Opening General Session ETHICS IN PUBLIC WORKS As a city employee, you are only as respected by your council and the public, as you are trusted. Much has been in the news about ethics, both in the private and public sectors. There seems to be a shortage of ethics in our society lately. But there is much we can do to restore the public's trust in our institutions. And if we are to protect and enhance the ability of cities to have reliable revenues and resources, we need to lead the way locally. General Luncheon HUMOR - DON'T LEAVE HOME WITHOUT IT Speaker: Donny Conn. Recording Artist and Comedian, Malibu Donny Conn, an entertaining humorist and inspirational speaker demonstrates how the dynamic power of laughter reduces stress, enhances the team work spirit, and is instrumental in creating a good feeling about oneself. General Session STRATEGIES FOR WORKING THROUGH THE REGULATORY PROCESS Who are these people and why are they keeping me from doing my project? Attend this session and gain a better understanding of what drives the review and decisions made by various regulatory agencies. Learn what strategies/techniques might work and what doesn't work when it comes to getting the permits you need to start your project. Learn how to read your own draft EIR with a critical eye before it leads you down the path of endless mitigations. Concurrent Sessions 1. WATER QUALITY REGULATORY ISSUES From NPDES to CMOM to TMDL — learn why these acronyms are important (they all spell more MONEY your city will need to budget in the future). Know what you should be prepared for in the coming months as regulations are promulgated in areas of storm water, sewer collection systems and point source and non -point source contributions to waters of the nation and the state. 11. TRANSPORTATION AND PROJECT DELIVERY REGULATORY ISSUES As a result of SB 45, the California Transportation Commission established guidelines governing the timely expenditure of funds for transportation projects, commonly referred to as use it or lose it." In response, Caltrans established a project streamlining task force to make suggestions on how programming and administrative procedures could be minimized or eliminated. Additionally, AB 1012 created a transportation project delivery advisory team, which developed recommendations on how project delivery could be accelerated by changes in federal, departmental, regional, or local agency programs or procedures. Come learn about the latest proposals being considered to streamline the project delivery process. Ill. ETHICS AND PUBLIC WORKS DISCUSSION This session is a follow-up to the opening general session on ethics in public works. > 1 What if a council member needs something done? How do you say no and keep your job Come prepared to discuss more specific ethical dilemmas within the professions. 7:30 — 9:30 p.m. 7:30 a.m. — 5:00 P.M. 7:30 — 8:45 a.m. 9:00 — 9:45 a.m. 10:15 — 1 1:45 a.m. Noon — 1:30 p.m. Wednesday, February 26, 2003, continued MONTEREY BAY AQUARIUM (Outer Wing) HOSTED GET ACQUAINTED RECEPTION (No host bar) Experience this strolling dinner as you marvel at the wonderful exhibits. Get acquainted with old friends and make some new ones along the way. Non -registered guest tickets are available for $45. Thursday, February 27 2003 Registration and City Books Open — Regency Foyer Informal Regional Breakfasts These informal breakfasts will be broken out by the seven CEAC regions to provide an opportunity for city and county public works professionals to discuss regional issues. All are welcome. General Session FEDERAL -STATE -COUNTY -CITY COOPERATION Federal, state, county and city public works professionals have been working together more closely on funding, project delivery and environmental streamlining. Learn more about these agencies' efforts and what you can do to foster the spirit of cooperation in your region. Concurrent Sessions 12 REGIONAL BREAKOUTS WITH CALTRANS DISTRICT DIRECTORS Popular sessions during the past few years, these breakouts provide public works officials with an opportunity to discuss key issues with their Caltrans District Directors and peers. General Luncheon FUTURE FUNDING SHOCK: THE TRUTH ABOUT CALIFORNIA'S BUDGET How are funds juggled and manipulated in Sacramento to make the State budget look like it's balanced but is it? Listen to the insights of The Sacramento Bee columnist, Dan Walters, as he "tells it like it is". 2:00 — 3:15 p.m. I Concurrent Sessions 1. FINANCING PROJECTS IN TODAY'S REGULATORY CLIMATE A day late, dollar short, one less endangered species, and other excuses you probably wouldn't believe. Now you know better than that! Matching funding, public expectations, and environmental stewardship requires outstanding planning and execution. Come join your contemporaries in discussing successful ways to finance and deliver today's public works in a strong regulatory environment. II. NEIGHBORHOOD TRAFFIC ISSUES Neighborhood traffic issues affect all of our communities. Learn what cities and counties have tried, what works, and what resources are available to you. 111. LITIGATION AND LEGISLATIVE UPDATE It seems like many of the regulations and procedures you take for granted are being taken to court. Come and hear from city and county counsel about the main cases that will h��' an impact on what you do every day. Additionally, during the past two years a variety okj legislation was passed by the State Legislature regarding public works and transportation. Learn how these new laws will affect your operations. 5 Ll Thursday, February 27, 2003, continued 3:45 — 5:00 p.in• Concurrent Sessions 1. HIGH SPEED RAIL Learn what is happening with high-speed rail in California, how it might affect your community, and what types of funding are being investigated for the first phase of this statewide project. IL ASSET MANAGEMENT In Public Works our greatest responsibility is the stewardship of the infrastructure. Learn how asset management tools can help you ensure the public's investment is spent wisely. III. GIVING COMMUNITY PRESENTATIONS The public today expects to be kept better informed during the planning of municipal and redevelopment projects. Often these projects face organized opposition. Learn ways to present your project so that it gains the needed public support. 5:00-6:00 p.m. No Host Reception 6:00 p.m. Evening Free Friday, February 28, 2003 7:30 — 10:30 a.m. Registration and City Books Open — Regency Foyer 7:30 — 8:45 a.m. informal Continental Breakfasts The following informal breakfasts are provided as an opportunity to meet with public works professionals with similar interests and share ideas. Please come ready to talk to your peers and share ideas. 1. SMALL CITIES / RURAL COMMUNITIES NETWORKING IL WOMEN IN PUBLIC WORKS 111. GENERAL NETWORKING 9:00 — 10:15 a.m. General Session COUNCIL - STAFF RELATIONS: HOW TO ANSWER THE DIFFICULT QUESTIONS Public works managers are often called upon to deal with complex issues that have Political implications or overtones that do not lend themselves to engineering or expedient solutions. This panel discussion is planned as an active and lively exchange of issues, problems and ideas, along with some "acting out" and demonstrations of how to handle typical "sticky" issues with elected officials. Any Public Works official who deals regularly with their elected leadership will enjoy this session! 10:30 a.m. — Noon Concluding General Session TIME FOR A TIME OUT According to a recent Gallup Poll, the main preoccupation for Americans today is the lack of time. In this session, time -starved government professionals discover ways to create an instant oasis of calm, even in the midst of their most harried days. if you take control of your time, you take control of your life. Learn ten practical tips to savor small moments, seek sane self -indulgences and surround yourself with the "icon reminders" that make lie `' more meaningful. Noon ` Adjourn i Registration Advance Registration Payment Refund Policy Special Accommodations Hotel Reservations Spouses Airlines Directions Advance register by Wednesday, January 29, 2003 for the full meeting and receive a bonus coupon worth $25 at the CityBooks bookstore at the meeting. Don't miss this great way to expand and share your learning with your colleagues in City Hall! Your advance registration must be postmarked no later than Wednesday, January 29, 2003. For any questions regarding registration, please contact the League conference registration office at 916/658-8291. Full Meeting One Day Only Public Officials .................... $430 Public Officials ....................... $280 All Others ...........................S480 All Others ......................... ........ 330 Payment in full must accompany the registration form. You may pay your registration fee by check, Visa or MasterCard. No purchase orders, American Express or Discover cards, please. If paying by credit card, you may register by faxing 916/658-8220 or we invite you to register on line at www.cacities.org/events- Advance registrants unable to attend can send a substitute, or receive a refund of the registration fee, less a $50 processing charge, by writing the League of California Cities, Conference Registration Office, 1400 K Street, Sacramento, CA 95814; Fax 916/658-8220. Requests for refunds must be received by Wednesday, February 19, 2003. 0 If you require reasonable accommodations related to facility access, communication and/or diet, please contact our Conference Registrar at 916/658-8291. The Hyatt Regency Monterey is offering special League rates as indicated. To confirm hotel reservations, a deposit check in the amount of the first night's guest room rate, plus 10% hotel tax, or a guarantee with a major credit card is required. Check -in time for the Hyatt Regency, Monterey is 3:00 p.m.; checkout time is noon. Luggage may, be stored at the beII desk. The Hyatt Regency Monterey offers a refund if cancellation is made 72 hours prior to the arrival date. If the League rate has sold out before the cut-off date, the next available rate will apply. Hotel information is below: Hyatt Regency Monterey One Old Golf Course Road, Monterey, CA, 93940 831/372-1234, fax: 831/375-3960 $129 single/double (plus 10% tax) Parking is complimentary. There is no registration fee for spouses who attend the meeting who are not city officials. However your spouse must register if he/she is a public official or in the public works business. Meal and reception tickets may be purchased on -site at the League registration desk. There is no spouses' program planned. Spouses of registered officials may attend the reception and strolling dinner at the Monterey Bay Aquarium for an additional fee of $45. Tickets may be purchased at the Registration Desk. Check the League web page, www.cacities.org, for Southwest Airlines discount information. NOTE: Southwest Airlines does not fly into Monterey airport. The closest airport is San Jose. The distance between San Jose and Monterey is approximately ?S miles. The Hyatt Regency Monterey is located five minutes from Monterey Peninsula Airport. From Highway 1 South, take Pacific Grove/Del Monte Avenue exit. Continue straight after exiting to third traffic light and turn left onto Sloat. Hotel driveway is at the end of Sloat. From Highway 1 North, take Aguajito%Mark Thomas exit and continue straight through the first light. At the second light, turn right up the hill to hotel. From Highway 101, take Highway 68 West at Salinas to Monterey airport. Turn right at ',' i the airport, (Olmstead Road); take next left onto Garden Road; continue to end of Garden Road and at traffic light turn left on Mark Thomas Drive. At next Iight, turn left to the hotel. [l Tity/ 4 a 4 09MM COUNCIL/RDA MEETING DATE: February 4, 2003 ITEM TITLE: Approval to Allocate Proposition 12 and Roberti-Z'berg-Harris Funds RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Allocate Proposition 12 and Roberti-Z'berg-Harris funds for design and construction of a skate park at the La Quinta Park site. FISCAL IMPLICATIONS: The City's portion of Proposition 12 is $176,000 and Roberti-Z'berg-Harris (RZH) is $56,486 for a total of $232,486. As a condition of Proposition 12 and RZH, the City was required to allocate a portion of the total funds to the Coachella Valley Recreation and Park District, due to the overlapping of the District's services in the City. The City Council approved 20% of the funds to CVRPD. The remaining balance of the funds, $232,486, can be used for capital projects within the City. One condition of the RZH funds is a 30% match for projects, which is $24,208. The matching funds can be provided by the Quimby account. The Proposition 12 and RZH funds must be allocated by submitting the application to the California Department of Parks and Recreation by March 2003, and spent by March 2008. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the August 21, 2001 City Council meeting, the City Council adopted a Resolution approving the application for grant funds for Proposition 12 and Roberti-Z'berg-Harris Urban Space and Recreation Block Grant program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. At that time, the City had not identified a capital project in which the funds could be allocated. Since that time, the City has begun construction on the La Quinta Park located on the northeast corner of Westward Ho Drive and Adams Street. The City �i Council approved all components of the park except the skate park, which was approved on the conceptual plan for the park site. Attachment 1 provides the conceptual plan for the park site. Based upon the Community Services Commission's recommendation, the City Council approved a modular skate park for Fritz Burns Park. During the public meetings that were held to discuss this project, the proposed skate park at the La Quinta Park was also discussed. With funds from Proposition 12 and RZH, along with additionally allocated funds from the City, the skate park could be built at the La Quinta Park in the future. With this construction, the La Quinta Park would be completed per the conceptual design, as provided in Attachment 1 . Should the City Council approve the allocation of Proposition 12 and RZH funds for a skate park at the La Quinta Park, staff will submit the necessary forms with the California Department of Parks and Recreation to allocate the funds for this project. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Allocate Proposition 12 and Roberti-Z'berg-Harris funds for design and construction of a skate park at the La Quinta Park site; or 2. Do not allocate Proposition 12 and Roberti-Z'berg-Harris funds for design and construction of a skate park at the La Quinta Park site; or 3. Provide staff with alternative direction. Res ctfully submitted, Dodie Horvitz munity Services Director Approved for submission by: e Thomas P. Genovese, City Manager Attachment: 1 . Approved Conceptual Plan of the La Quinta Park 2-, n S:\COMMUNITY SERVICES\CCREPORTS\CC.238.PROP 12 AND RZH FUNDS.DOC ( !. CO — ---- -- -- SPORTS FIELD PHOTOMETRIC PLAN JI �L1Yk�S$'YOSe-1 "'''�r„"";`m.,�,,, oa. Frm— € •` W ' LA QUINTA COMMUNITY PARK NORTH CITY OF LA QUINTA LA QUINTA, CA Ti4 4 s(PQ" COUNCIL/RDA MEETING DATE: February 4, 2003 ITEM TITLE: Acceptance of Phase I I Fritz Burns Park - Court Lighting Improvements, Project No. 2000-15 and Approve Contract Change Order No. 2 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve Contract Change Order No. 2 for a Contract Time extension of 82 consecutive calendar days due to design change and the delayed response time and final electric service connection by Imperial Irrigation District; Accept Project No. 2000-15, Phase II Fritz Burns Park- Court Lighting Improvements Project; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention 35 days after the Notice of Completion is recorded. • The following is a budget summary: Amount Budgeted - RDA Project Area 1 $300,000 Amount spent through Dec 31, 2002 ($100,690) Amount Available $199,310 Original Contract Amount $86,997.03 Approved Contract Change Order No. 1 $7,362.46 Pending Contract Change Order No. 2 (Add 82 Days to $0.00 Contract Time) Total Construction Costs - F.E.C. Electrical $94,359.49 Amount Paid to Date ($78,690.90) Remaining Fiscal Commitment $15,668.59 Remaining 10% Retention $9,435.95 Remaining to be billed $6,232.64 Adequate funding is available for project closeout and to pay the contractor's '_ I TAPWDEPT\COUNCIL\2003\030204b. W pd remaining billing and retention. After completion of this portion of the Phase II Fritz Burns Park Improvements, a balance of $183,641.51 remains for park improvements. Installation of a modular skate park and site amenities is estimated to cost $1 15,000, and was approved by the City Council on January 7, 2003. Since RDA funding is being utilized for this project, the City has bid the project with prevailing wage requirements. Therefore, there are no Charter City implications. The original scope of work for Phase II Fritz Burns Park Improvements was approved in the 2000/2001- 2004/2005 five-year CIP. The first order of this second phase of improvements is to install the court lighting improvements. The remaining components of the Phase II Improvements will be bid after the lighting improvements have been completed. On Thursday, April 11, 2002, sealed bids were received and publically opened for the construction of this project. On May 7, 2002 City Council acted to approve the revised construction budget and award a contract in the amount of $86,997.03 to F.E.C. Electric for the construction of the Fritz Burns Park Court Lighting Improvements, Project No. 2000-15. The project began on July 8, 2002 with a 45 consecutive calendar day completion time ending August 21, 2002. Contract Change Order No. 1 extended the project by 4 calendar days, extending the Completion Time to August 25, 2003. Electrical power was not connected until November 15, 2002, creating a project delay of 82 consecutive calendar days. This delay was the result of Imperial Irrigation District (IID) scheduling and not the fault of F.E.C. Electrical, Inc., therefore, liquidated damages will not be assessed. The project is now 100% complete and in compliance with the plans and specifications. Prior to filing the Notice of Completion, staff must receive authorization from the City Council to accept this project and authorize the City Clerk to file a Notice of Completion. >,0 Q, rewl ►Will I Un ►' The alternatives available to the City Council include: 1. Accept Project No. 2000-15, Phase II Fritz Burns Park- Court Lighting T:\PWDEPT\COUNCIL\2003\030204b.wpd 2 Improvements Project as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention 35 days after the Notice of Completion is recorded; and approve Contract Change Order No. 2 for a Contract Time extension of 82 consecutive calendar days due to design change and the delayed response time and final electric service connection by Imperial Irrigation District ; or 2. Do not accept Project No. 2000-15, Phase II Fritz Burns Park- Court Lighting Improvements Project as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention 35 days after the Notice of Completion is recorded; and do not approve Contract Change Order No. 2 for a Contract Time extension of 82 consecutive calendar days due to design change and the delayed response time and final electric service connection by Imperial Irrigation District ; or 3. Provide staff with alternative direction. Respectfully submitted, AT-i�' othy R. Jon sson, P E. interim Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 2 T:\PWDEPT\COUNCIL\2003\030204b.wpd 3 ATTACHMENT 1 w5 OF f1 9 Sheet 1 of 1 CONTRACT: Fritz Burns Park Court Lighting Improvements PROJECT NO.2000-15 CONTRACTOR: F.E.C. Electric Inc. P.O. Box 77 Redlands, Ca. 92373 CONTRACT CHANGE ORDER NO.2 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the following: The extension of 82 consecutive calendar days to the Contract Completion Time due to delays in the connection of Electricity for the project. Delay was not a result of Contractor's actions. Amount $ 0.00 Previous Contract Amount Through Change Order No.1 $ 94,359.49 Add This Change Order No. 2 $ 0.00 Revised Contract Total $ 94,359.49 By reason of this contract change order the time of completion is adjusted as follows: - 82 - days added to contract time. The revised contract completion date shall be: 11/15/02 Submitted By: Approved By: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. �—( 0 Accepted By: Title: � Contractor: l C•- ��I r Date: t T.\PWDEPTtPROIECTS\2000 Pdcts\2000-15 Phase II Fritz Bums Park Lighting ImprovementsTCO #2.wpd 4 1 AGENDA CATEGORY: BUSINESS SESSION. / COUNCIL/RDA MEETING DATE: February 4, 2003 CONSENT CALENDAR: ITEM TITLE: Consideration of Community Services Grant Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: STUDY SESSION: PUBLIC HEARING: The Special Project Contingency Account # 101-251-663-000 has an uncommitted balance of $14,420 as of this report, as provided in Attachment 1 . The total amount requested by the various organizations is $2,225 with an unspecified amount as a donation to the American Cancer Society. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the July 16, 2002 City Council meeting, Council reviewed the funding criteria to determine application guidelines for the Fiscal Year 2002-03. The changes included non-consecutive year funding for organizations (with the exception of facility fees for the use of City facilities for non-profit organizations). Applications will now be reviewed by the City Council at the August and February City Council meetings each fiscal year. The amount requested by an organization is limited to $2,000, excluding facility use fees for City facilities. Two requests have been submitted for City Council consideration as of this report: 1. Foundation for the Retarded of the Desert (Attachment 2): The Foundation for the Retarded of the Desert is requesting $2,000 to repair the engine and transmission on their Plymouth Voyager. This vehicle transports clients back and forth from the three group homes located in the City of La Quinta. ►-r S The Foundation for the Retarded strives to assist all individuals with disabilities to reach his or her highest level of independence in work and in the community. 2. Desert Cancer Foundation (Attachment 3): The Desert Cancer Foundation is seeking a $225.00 donation toward a fundraiser for event schedule advertising. The publication being created is a tribute book celebrating the life of Dr. Sebastian George, the founder of the Desert Cancer Foundation, "who was a symbol of strength and hope for those suffering with cancer." The Desert Cancer Foundation was established in 1992 and was formed to aid Coachella Valley residents who are diagnosed with cancer. The main goal has been to help cancer patients who would otherwise be forced to leave the Coachella Valley due to lack of funds for cancer treatment. At the January 21, 2003 City Council meeting, under Mayor and Council Member Items, the City Council discussed making a contribution to the American Cancer Society in memory of Mrs. Honey Atkins. An amount was not specified by the City Council at this time. Staff is seeking direction regarding this issue. The City Council also discussed declaring Mrs. Atkins' birthday (March 6) as "Honey Atkins Day." Should the City Council wish to honor Mrs. Atkins in this manner, the City Clerk can present a proclamation at the February 18, 2003 meeting. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize Community Services Grant request(s) as deemed appropriate by the City Council and declare March 6 as "Honey Atkins Day"; or 2. Do not authorize a Community Services Grant request from: Foundation for the Retarded of the Desert and/or; The Desert Cancer Foundation and/or The American Cancer Society; or 3. Provide staff with alternative direction. w- 2 \\CLQADMFSl\SHARED\COMMUNITY SERVICES\CCREPORTS\CC.237.COMMUNITY SERVICES GRANT REQUESTS.DOC Respectfully sqpmitted, ie Horvitz, Attachments mr4unity Services Director 1. 2. 3. Approved for submission by: Thomas P. Genovese, City Manager 2002-03 Special Project Contingency Account Balance Foundation for the Retarded of the Desert Grant Application Desert Cancer Foundation Fundraising "Tribute Book" Request 3 \\CLQADMFSl\SHARED\COMMUNITY SERVICES\CCREPORTS\CC.237.COMMUNITY SERVICES GRANT REQUESTS.DOC ATTACHMENT 1 Community Services Grant Program 101-251-663-000 Fiscal Year 2002-03 Beginning Balance $20,000 01-Aug-02 06-Aug-02 Soroptimist $4,070 Monthly Meeting Facility Rental 06-Aug-02 Veterans of Foreign War $1,125 Monthly Meeting Facility Rental 06-Aug-02 La Quinta Chamber of Commerce $385 Candidates Forum Facilty Rental 01-Oct-02 Coachella Valley Recreation & Park District $400 Culturefest Sponsorship Balance as of Janaury 13, 2003 $14,020 f- 01/02/2003 15:02 17607771231 LQ COMA--JUNITY T'�� PAGE 02 ATTACHMENT 2 CITY OF LA QUIATA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR 02-03 Name of Organization: Foundation for the Retarded of th Deser Amount Requested: $ 2 , 0 0 0 Contact Person: Richard B. Farmer, Ph. D. Mailing Address: 73-255 Country Club Drive City: palmneser} State: cA Zip Code: 92260 Phone No.: - - 501(c)3 Taxpayer I.D. Number: 95-6006700 Date Submitted: 5 -1 - cc,6 01/02/2003 15:02 17607771231 LQ COMMUNITY SERVICE IPAGE 0.i COMMUNITY SERVICES GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your organization? The Foundation strives to assist all individuals with dis bilities to reach his1her hiqhest level of i in wor in the community. __- --_ 2. How long has your organization been in existence? 43 Years 4 onths 3. Describe in general the activities or services of your organization: A service delivery agency for citizens with mental retard tion and various other developmental disabilities. 4. How many people does your organization currently serve? No. of Youth 143 No. of Adults 556 No. of Seniors 25 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 1 rn No. of Adults tinn No. of Seniors 6. How many people served this Fiscal Year will be La Quinta residents? No. of Youth 19 No. of Adults 46 No. of Seniors 0 7. How many paid employees/volunteers does your organization employ? Full time employees 194 Part time employees 78 Volunteers 70 8. Describe how your organization is managed and governed. The responsibility for the organization i G t ha Fxcriiti ccn and the Board of Directors of the Foundation_ -or the RPtar the Desert. r 067 01; 02f 2003 15: 02 17607771231 LQ COMMUNITY SERVICE I P96E 04 760?^ , 1231 9. Please provide information on your Executive Board rreri"- rs or contact arson: Newts Title Home Address Phone PATRICK McCarthv Board President 47-500 Elorado Dr. IW 346 97.73 Herb Keefe 1st Vice President PO Box 11702 PD 345 4594 Elton Kilfoyl 2nd Vice President 43-441 Virginia PD 345 6865 Ed Alderson Secretary - - 200.3783 10. What is your annual schedule of events, and dw. , `.:_. _.-.es y ur organization operate? holidays 1 '1 . Do you charge admission, membership fee, dues, etc.? xx Yes If yes, please describe: We have a small membership drive program. Raises al per year. 12, What are your other sources of revenue for this funding year? source Amount cl;Pnt service fees 553,370.22 Sales 100,827.28 Donation, Fundraising, other 20,594.98 Total Needed $ 6 6 6.81 6.0 5 Total Received $ 674,792.48 Balance $ 7476 43 1 No t $1 0, 000 S4 �8 01/02/2003 13. 14. 15. 16. 17. 18. 11 1 n rni%iml INTTV SERVICE PAGE 05 15: UZ 1 r oei e e r 14J1 -- -- - Amount of money requested from the City of La Quints? $ 2,000 Has your organization been funded by the City of La Ouinta previously? Yes xx No If yes, when Amount received Please provide the name and address of the bank in which the organizati n's funds are kept: Wells Fargo 74-105 E1Paseo Palm Desert, CA 92260 Please provide the name and title of those individuals to sign n the organization's account (must provide at least two individuals): Name: Title: Richard B Farmer Ph.D. Executive Director Darla Burkett Ass. Director Robin Keegan CFO Please provide, as an attachment, copies of the last bank statements as well as the last year's December bank statement of the organization's checking and savings account. Need Statement. Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. rhe Foundation is requesting these funds to repair the engine and the transmission on our Plymouth Voyager. This vehicl tran *.p.arts our clients back and forth from our 3 group homes located f LaOUinta. 6 0110212003 15:02 17607771231 LO COMMUNITY SERVICE IPAGE 06 19. Goal Statement. Indicate who will benefit from the . _ *'' n 4� funds, a nd how they will benefit. The Clients of the Foundation will have better and more reliable trans oolation to and from the Foundation. `The__group homes located in LaOuinta will benefit from this grant, The funds will 4elp to 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit organizations must attach a copy of the organization's current) IRS Form 990. WELLS FARGO BANK, N.A. P.O. BOX 6995 PORTLAND, OR 97228-6995 FOUNDATION FOR 73-255 COUNTRY PALM DESERT CA THE RETARDED CLUB 92260-2309 Page 1 of 5 Account Number. Statement End Date: 38,329 686-7670580 11130102 If you have any questions about this statement or your accounts, call: 800-225-5935 (1-800-CALL-WE-LLS). Your Accounts at a Glance Account Beginning Type Balance Business Money Market Access 214,406.89 686-7670580 News from Wells Fargo Deposits/ Withdrawals/ Ending Dividends Debits Balance 643,596.01 - 725,065.83 132,937.07 WELLS FARGO DOES PAYROLL. NOT ONLY DO WE OFFER YOU NEXT DAY AVAILABILITY OF FUNDS, BUT ALSO A 90-DAY MONEY BACK GUARANTEE AND A BASIC BUSINESS CHECKING ACCOUNT FREE OF THE MONTHLY MAINTENANCE FEE WHEN IT IS USED TO FUND YOUR PAYROLL ACCOUNT. SIGN UP BETWEEN 1111102 AND 12131102 FOR FREE INSTALLATION (VALUE UP TO $200). FIRST PAYROLL MUST BE PROCESSED BY 1131103. CALL 1-800-359-3557 EXTENSION 656 OR VISIT WELL SFA R G OSPECIAL. COM AND ENTER KEYWORD PA YROLL2 FOR MORE INFORMATION. Savings account and Wells Fargo Money Market Fund A summary Balance on 11130 Savings balance on 11130 Dividends earned this period Dividends earned year to date Minimum balance Average balance 7-day current yield as of 11130 30-day current yield as of 11130 $132, 937.07 $0.00 $96.24` $1, 707.97 $8, 078.18 $119, 938.89 .009138505 .009768860 NOT FDIC INSURED NO BANK GUARANTEE MAY LOSE VALUE "NOTE: The actual dividend amount will post to your account on the first business day of the following month and appear on your next statement. Business Money Market Access 686-7670580 Depositsl Withdr awalsl Ending Date Transaction Detail Dividends Debits Balance Oct 31 Beginning Balance '114,406.89 Continued on next page U Foundation For The Retarded Page 2 of 5 Account Number: Statement End Date: 38,33( 686-7670580 11130102 Business Money Market Access 686-7670580 Deposits/ Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Nov 01 Dividend Paid/Reinvested Prior Month Wells Fargo Money Market Fund A 203.99 214,610.88 Nov 04 American Express Settlement 021104 5047804828 Foundation F5047804828 347.95 214,958.83 Nov 04 Deposit 73,502.75 288,461.58 Nov 04 Bams Hostlink Merch Sell 021031 430132213553377 Foundation For The Ret 473.54 288,935.12 Nov 04 Cash Only Customer Deposit 296.35 289,231.47 Nov 04 Deposit 242.25 289,473.72 Nov 04 Cash Vault Deposit 195.05 289,668.77 Nov 04 Cash Only Customer Deposit 193.80 289,862.57 Nov 04 Cash Vault Deposit 193.25 290,055.82 Nov 04 Deposit 183.65 290,239.47 Nov 04 Deposit 161.85 290,401.32 Nov 04 Return Item Az 021104 - 130.00 290,271.32 Nov 04 Return Item Fee Az 021104 - 5.00 290,266.32 Nov 04 Online Transfer - Xfr From Mm To Payroll Ref #IBEMFZJG97 - 190,000.00 100,266.32 Nov 04 Bofa Ms 1922 Merch Fees 021031 430132213553377 Foundation For The Ret - 243.37 100,022.95 Nov 04 Discover Bus Svc Settlement 002110 601101300375902 Foundation For The Ret - 0.33 100,022.62 Nov 05 Bams Hostlink Merch Setl 021101 430132213553377 Foundation For The Ret 30.00 100,052.62 Nov 06 Cash Only Customer Deposit 321.70 100,374.32 Nov 06 Cash Vault Deposit 307.20 100,681.52 Nov 06 Cash Only Customer Deposit 176.80 100,858.32 Nov 06 Bams Hostlink Merch Setl 021104 430132213553377 Foundation For The Ret 115.51 100,973.83 Nov 06 Return Item Az 021106 - 646.60 100,327.23 Nov 06 Return Item Fee Az 021106 - 5.00 100,322.23 Nov 06 Online Transfer - Xfr From Mm To Operating Ref #IBH7TT9XR9 - 20,000.00 80,322.23 Nov 06 Online Transfer - Txfr From Mm To Payroll Ref #IBH22Q9J7T - 20,000.00 60,322.23 Nov 07 Deposit 218.25 60,540.48 Nov 07 Deposit 119.75 60,660.23 Nov 07 Bams Hostlink Merch Setl 021105 430132213553377 Foundation For The Ret 31.80 60,692.03 Nov 08 Deposit 97,400.95 158,092.98 Nov 08 Bams Hostlink Merch Sed 021106 430132213553377 Foundation For The Ret 44.20 158,137.18 Nov 08 Online Transfer - Xfr From Mm To Operating Ref #1BH4XRSP78 - 50,000.00 108,137.18 Nov 08 Online Transfer - Xfr From Mm To Payroll Ref #Ibefmwlfxd - 5,000.00 103,137.18 Nov 12 Deposit 673.50 103,810.68 Nov 12 Deposit 193.50 104,004.18 Nov 12 Bams Hostlink Merch Setl 021107 430132213553377 Foundation For The Ret 154.16 104,158.34 Nov 12 Deposit 74.00 104,232.34 Nov 12 Online Transfer - Xfr From Mm To Operating Ref #1BHX56TSB3 - 45,000.00 59,232.34 Nov 13 Deposit 43,436.52 102,668.86 Nov 13 Cash Only Customer Deposit 432.00 103,100.86 Nov 13 Deposit 405.75 103,506.61 Nov 13 Cash Only Customer Deposit 392.40 103,899.01 Nov 13 Deposit 366.55 104,265.56 Nov 13 Cash Only Customer Deposit 324.90 104,590.46 Nov 13 Deposit 234.50 104,824.96 Nov 13 Cash Only Customer Deposit 225.60 105,050.56 Nov 13 Cash Only Customer Deposit 179.65 105,230.21 Nov 13 Cash Vault Deposit 166.50 W15,396.71 Continued on next page 12 Foundation For The Retarded Page 3 of 5 Account Number: Statement End Date: 38,331 686-7670580 11/30/02 Business Money Market Access 686-7670580 Depositsl Withdrawalsl Ending Date Transaction Detail Dividends Debits Balance Nov 13 Bams Hostlink Merch Setl 021108 430132213553377 Foundation For The Ref 112.98 105,509.69 Nov 13 Deposit 66.50 105,576.19 Nov 13 Bams Hostlink Merch Setl 021111 430132213553377 Foundation For The Ref 12.40 105,588.59 Nov 14 Deposit 10,960.94 116,549.53 Nov 14 Bams Hostlink Merch Sett 021112 430132213553377 Foundation For The Ref 364.90 181.50 116,914.43 117,095.93 Nov 14 Nov 14 Deposit Deposit 71.65 117,167.58 Nov 14 iRS Usataxpymt 111402 220231829005063 - 48,422.13 68,745.45 Foundation For Retarde Nov 15 Bams Hostlink Merch Sett 021113 430132213553377 Foundation For The Ret 111.15 68,856.60 Nov 15 Rdev Treas 310 Fedpreauth 111502 956006700122004 REF" LD'04-033-0956006700-01 "rural Dev Prog Loan- - 8,388.00 60,468.60 Nov 18 Barns Hostlink Merch Sett 021114 430132213553377 Foundation For The Ref 893.70 61,362.30 Nov 18 American Express Settlement 021116 5047804828 Foundation F5047804828 582.90 104.45 61,945.20 62,049.65 Nov 18 Cash Only Customer Deposit 73.25 62,122.90 Nov 18 Nov 18 Cash Vault Deposit Return Item Az 021118 - 125.00 61,997.90 Nov 18 Return Item Fee Az 021118 349,556.99 - 5.00 61,992.90 411,549.89 Nov 19 Nov 19 Deposit Deposit 669.40 412,219.29 Nov 19 Deposit 226.50 178.00 412,445.79 412,623.79 Nov 19 Deposit Nov 19 Bams Hostlink Merch Setl 021115 430132213553377 108.20 412,731.99 Nov 20 Foundation For The Ret Cash Vault Deposit 525.40 413,257.39 Nov 20 Nov 20 Deposit Cash Only Customer Deposit 425.25 330.55 413,682.64 414,013.19 Nov 20 Cash Only Customer Deposit 273.25 245.30 414,286.44 414,531.74 Nov 20 Nov 20 Cash Only Customer Deposit Cash Only Customer Deposit 182.75 414,714.49 Nov 20 Nov 20 Deposit Cash Only Customer Deposit 177.50 155.70 414,891.99 415,047.69 Nov 20 Cash Only Customer Deposit 123.85 415,171.54 Nov 20 Bams Hostlink Merch Sett 021118 430132213553377 96.50 415,268.04 Nov 20 Foundation For The Ref Deposit 9 2. 50 415,360.54 Nov 20 Deposit 54.75 415,415.29 Nov 20 Tele-Transfer To Checking 0904465853 Reference # TFH7TTDW6F - 100,000.00 315,415.29 Nov 20 Tele-Transfer To Checking 0904465846 Reference # - 30,000.00 285,415.29 Nov 21 TFHBQVW98R Deposit 33,032.58 318,447.87 Nov 21 Bams Hostlink Merch Sett 021119 430132213553377 3,078.81 321,526.68 Foundation For The Ref Nov 21 Tele-Transfer To Checking 0904465853 Reference # TFHQC3WYY3 - 100,000.00 221,526.68 Nov 22 Bams Hostlink Merch Setl 021120 430132213553377 221,573.14 Foundation For The Ret 46.46 Nov 22 American Express Collection 021122 5047804828 Foundation F5047804828 - 4.50 221,568.64 Nov 25 American Express Settlement 021123 5047804828 440.92 222,009.56 Nov 25 Foundation F5047804828 Cash Vault Deposit 337.65 222,347.21 Nov 25 Cash Only Customer Deposit 196.71 2,543.92 12,735.42 Nov 25 Cash Only Customer Deposit 191.50 � Continued on next page 11 v 13 Page 4 of 5 38,332 Foundation For The Retarded Account Number: 686-7670580 Statement End Date: 11130102 Business Money Market Access 686-7670580 Deposits/ Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Nov 25 Cash Only Customer Deposit 170.20 222,905.62 Nov 25 Bams Hostlink Merch Setl 021121 430132213553377 Foundation For The Ret 38.65 222,944.27 Nov 26 Deposit 14,082.57 237,026.84 Nov 26 Deposit 247.40 237,274.24 Nov 26 Deposit 224.75 237,498.99 Nov 26 Deposit 140.00 237,638.99 Nov 26 Nov 26 Deposit Tele-Transfer To Checking 0904465846 Reference # 112.50 237,751.49 TFHQC3Xwpf - 65,000.00 172,751.49 Nov 27 Bams Hostlink Merch Setl 021125 430132213553377 Foundation For The Ret 634.56 173,386.05 Nov 27 IRS Usataxpymt 112702 220233131657830 Foundation For Retarde - 41,974.30 131,411.75 Nov 29 American Express Settlement 021129 5047804828 Foundation F5047804828 242.87 131, 654.62 Nov 29 Bams Hostlink Merch Setl 021126 430132213553377 Foundation For The Ref 1,399.05 133,053.67 Nov 29 Monthly Service Fee - 15.00 133,038.67 Nov 29 Per Item Deposited Fee - 81.60 132,957.07 Nov 29 Cash Deposited Fee - 20.00 132,937.07 Nov 30 Ending Balance 132,937.07 Money market fund sweep transactions --------------------------------------------------------------------------------------------------- Date Savings account Market Fund Nov 01 $203.99- $203.99 + Nov 04 $185, 805.26 + $185, 805.26- No v 05 $11, 430.00- $11, 430.00 + Nov 06 $20,066.61- $20,066.61 + Nov 07 $389.80- $389.80 + Nov 08 $52, 613.85 + $52, 613.85- Nov 12 $51,034.16- $51,034.16+ Nov 13 $6,501.25- $6,501.25+ Nov 14 $7, 603.14 + $7, 603.14- Nov 15 $2,398.15- $2,398.15 + Nov 18 $1,579.30- $1,579.30+ Nov 19 $1,897.09- $1,897.09+ Nov 20 $219,886.30- $219,886.30 + Nov 21 $93,885.61 + $93,885.61- Nov 22 $29,415.96- $29,415.96+ Nov 25 $3, 612.63- $3, 612.63 + Nov 26 $63,355.78+ $63,355.78- N o v 27 $29, 691.74 + $29, 691.74- Nov 29 $116.60+ $116.60- Nov 29 $3,186.92- $3,186.92+ +Denotes sweeps to the account -Denotes sweeps from the account Sweep transactions are settled in the Fund, and Fund shares are actually purchased and redeemed on the business day immediately following the day of the sweep shown above. Continued on next page r, u. Page 5 of 5 Wells Fargo has comprehensive solutions designed to meet your business needs: I Credit Lines and Loans I Business Payroll Services I Retirement Plans I Merchant Card Services I Investment Services I Business Online Banking For more information on our products and services, please contact your Wells Fargo representative or visit us online at wellsfargo.corn/biz Important Information About Your Account An investment in a Wells Fargo money market fund is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the Funds seek to preserve the value of your investment at $1 per share, it is possible to lose money by investing in the Funds. Wells Fargo Funds Management, LLC, a wholly -owned subsidiary of Wells Fargo & Company, provides investment advisory and administrative services for the Wells Fargo Funds. Other affiliates of Wells Fargo & Company provide sub -advisory and other services for the Funds. The Funds are distributed by Stephens Inc., Member NYSE/SIPC. Wells Fargo & Company and its affiliates are not affiliated with Stephens Inc. The Wells Fargo Money Market Fund Ending Balance is the value of Money Market Fund shares held on your behalf as of the statement date, plus or minus the amount of any sweep transaction posted on the last business day of the statement period. Sweep transactions are not settled until the next business day. This means that the invested balance on which you earn dividends does not change until the business day after the date of each sweep transaction shown on the front of this statement. The Bank Account Ending Balance is the amount deposited to your Sweep Account that has not yet been swept into your Designated Money Market Fund on the statement date. The sweep transaction amounts also represent the number of shares purchased or redeemed at $1.00 per share. Account Balance Calculation Worksheet 1. Use the following worksheet to calculate your overall account balance. 2. Go through your register and mark each check, withdrawal, ATM transaction, payment, deposit or other credit listed on your statement. Be sure that your register shows any interest paid into your account and any service charges, automatic payments or ATM transactions withdrawn from your account during this statement period. 3. Use the chart below, list any deposits, transfers to your account, outstanding checks, ATM withdrawals, ATM payments or any other withdrawals (including any from previous months) which are listed in your register but not shown on your statement. ® ENTER ® The NEW BALANCE shown on yourstatement................................................................ $ ® ADD ® Any deposits listed in your $ register or transfers into $ your account which are not $ shown on your statement. +$ TOTAL .................. $ ® CALCULATE THE SUBTOTAL ................... $ (Add Parts A and B) ® SUBTRACT © The total outstanding checks and withdrawals from the chart above ...................... $ 01, CALCULATE THE ENDING BALANCE (Part A + Part B - Part C) This amount should be the same as the current balance shown in your check register ........................................... 4- NUMBER ITEMS OUTSTANDING AMOUNT TOTAL $ — J Members FDIC f^! � WELL'S FARGO BANK. N.A. P.O.. C: GX 6995 PORTLAt`•'D, OR 97228-6995 FOUNDATION FOR 73-255 COUNTRY PALM DESERT CA THE RETARDED CLUB 92260-1-1309 Page I of 6 Account Number., Statement End Date: Number of E,;closures: 19,818 6EC-76/0:J80 10!31/02 2 If you have any questions about this statement or your accounts, call: 800-225-5935 (1-800-CALL-WELLS). Your Accounts at a Glance Account Beginning Deoositsl Withdrawalsl vl)o Balarnce cuivc 1cr,ris D.t:b is Business Money Market Access 91,577.26 812,140.18 - 689,310.55 686-7670580 News from Wells Fargo Ending 214, 406.89 WELLS FARGO DOES PAYROLL. NOT ONLY DO WE OFFER YOU NEXT DAY AVAILABILITY OF FUNDS. BUT ALSO A BASIC BUSINESS CHECKING ACCOUNT FREE OF THE MONTHLY MAINTENANCE FEE WHEN IT 1S USED TO FUND PAYROLL, AND A 90-DAY MONEY nACK GUARANTEE. SIGN UP Bz7WEEm 1111f02 AND 12/31!02 FOR FREE IMSTALLATION (VALUE OF UP TO $200). FIRST PAYROLL MUST BE PROCESSED BY 11:2IM3. CALL 1-300-359-355' EXT. 655 OR '✓ SIT bl"ELL`:FAP.COSF-IECIAL.COM AND ENTER KEYWORD PA YROLL'I FOR MORE iNFORMA T ION. Savings account and Wells Fargo Money Market Fund A summary Balance on 10131 Savings balance on 10/31 Dividends earned this period Dividends earned year to date Minimum balance Average balance 7-day current yield as of 10131 30-day current yield as of 10131 $214,406.89 V;0.00 $203.99' $1,611.-73 $65,540.31 $216.422.67 1 1117900 1.1107315 NOT FDIC INSURED NO BANK. GUARANTEE MAY LOSE VALUE "NOTE: The actual dividend amount will post to your account on the first business day of the feflowing rri nth and appear on your next statement. Business Money Market Access 686-7670580 Date Transaction Detail Sep 301 Beginning Balance Deposits/ Withdrawals/ Ending Dividends Debits Balance 91,577.26 r� Z Cu.ntirwed on next page Page 2 of 6 19,819 Foundation For The Retarded Account Number. 686-7670580 Statement End Date: 10131102 Business Money Market Access 686-7670580 Deposits/ Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Oct 01 Dividend Paid/Reinvested Prior Month Wells Fargo Money Market Fund A 128.24 91,705.50 Oct 01 Deposit 107,350.84 199,056.34 Oct 01 Deposit 184.75 199,241.09 Oct 01 Deposit 136.25 199,377.34 Oct 02 Cash Only Customer Deposit 605.85 199,983.19 Oct 02 Cash Only Customer Deposit 362.03 200,345.22 Oct 02 Deposit 253.25 200,598.47 Oct 02 Deposit 173.75 200,772.22 Oct 02 Deposit 136.40 200,908.62 Oct 02 Deposit 75.65 200,984.27 Oct 02 Deposit 75.25 201,059.52 Oct 02 Cash Deposited Night Drop /$1 - 6.94 201,052.58 Oct 02 Online Transfer - Transfer To Operating Ref #Ibefmvydck - 25,000.00 176,052.58 Oct 02 Bofa Ms 1922 ,'Merch Fees 020930 430132213553377 Foundation For The Ret - 90.65 175,961.93 Oct 02 Discover Bus Svc Settlement 002100 601101300375902 Foundation For The Ret - 3.22 175,958.71 Oct 03 Deposit 12,100.10 188,058.81 Oct 03 Proof -Out Of Balance No Tape Listing 3,750.00 191,808.81 Oct 03 Cash Only Customer Deposit 292.25 192,101.06 Oct 03 Bams Hostlink Merch Setl 021001 430132213553377 Foundation For The Ret 255.50 192,356.56 Oct 03 Return Item Az 021003 - 125.00 192,231.56 Oct 03 Return Item Fee Az 021003 - 5.00 192,226.56 Oct 04 Cash Only Customer Deposit 175.25 192,401.81 Oct 04 Return Item Az 021004 - 292.50 192,109.31 Oct 04 Return Item Fee Az 021004 - 5.00 192,104.31 Oct 04 Online Transfer - Transfer To Payroll Ref #IBHT853Rsp - 100,000.00 92,104.31 Oct 04 Online Transfer - Transfer To Operating Ref #IBHQC3L88S - 25,000.00 67,104.31 Oct 07 Bams Hostlink Merch Setl 021004 430132213553377 Foundation For The Ret 434.93 67,539.24 Oct 07 Deposit 341.55 67,880.79 Oct 07 Cash Only Customer Deposit 217.55 68,098.34 Oct 07 Cash Vault Deposit 92.15 68,190.49 Oct 08 Deposit 8,622.02 76,812.51 Oct 08 Online Transfer - Transfer To Mmkt Ref #1BH4XRL4Zz 50,000.00 126,812.51 Oct 09 Treasury Management Service Fee Reversal 6.94 126,819.45 Oct 09 Deposit 116,810.73 243,630.18 Oct 09 Deposit 477.75 244,107.93 Oct 09 Cash Only Customer Deposit 285.75 244,393.68 Oct 09 Cash Only Customer Deposit 254.25 244,647.93 Oct 09 Cash Only Customer Deposit 236.00 244,883.93 Oct 09 Deposit 124.75 245,008.66 Oct 09 Bams Hostlink Merch Set! 021007 430132213553377 Foundation For The Ret 103.22 245,111.90 Oct 10 Deposit 4,395.98 249,507.88 Oct 10 Bams Hostlink Merch Setl 021008 430132213553377 Foundation For The Ret 364.99 249,872.87 Oct 10 Online Transfer - Transfer To Operating Ref #IBEQC2LYB8 - 25,000.00 224,872.87 Oct 11 Deposit 92,631.46 317,504.33 Oct 11 Bams Hostlink Merch Setl 021009 430132213553377 Foundation For The Ref 61.90 317,566.23 Oct 11 Online Transfer - Transfer To Payroll Ref Oct 11 #lbhjjyymbkv IRS Usataxpymt 101102 220228485772611 - 20,000.00 297,566.23 Foundation For Retarde - 40,017.49 257,548.74 Oct 15 Deposit 17,072.45 274,6flQ Continued on next page Page 3 of 6 19,820 Foundation For The Retarded Account Number. 686-7670580 Statement End Date: 10131102 Business Money Market Access 686-7670580 Deposits/ Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Oct 15 Deposit 882.50 275,503.69 Ocz 15 Caoh l my Customer Deposit 521.25 276,024.94 Oct 15 Cash Only Customer Deposit 444.50 276,469.44 Oct 15 ".�h Jr+iy Customer Dc;;�osil 259.35 276.728.79 Oct 15 Deposit 234.10 276,962.89 Oct 15 166.25 277,129.14 Oct 15 Deposit 147.50 277,276.64 Oct 15 Cash Only Customer Deposit 135,25 277,411.89 Oct 15 Deposit 96.30 277,508.19 Oct 15 Deposi t 88.25 277,596.44 Oct 15 Deposit 79.75 277,676.19 Oct 15 Banv,- Hostlink Merch Setl c 21010 430132213553377 Foundation For The Ret 12.63 277,688.82 Oct 15 Rdev Troas 3,`O Fedpreauth 101502 956006700122004 REF'LD` -1 033 O9r 60t6700-01 `ri.ral Dev Prog Loan- - 8, 388.00 269,300.82 Oct 16 Barns Hostlink ;llerch Setl ' `1011 430132213553377 Foundation For The Ret 12.50 269,313.32 Oct 16 urns Hostlink Mer::h Setl 021014 4301,52213553377 Foundation For The Ref 12.40 269,325.72 Oct 16 O:N:r:� Transfer - Trc<m. tJor To C�perating Ref #IBE4XQP7Yh - 25,000.00 244,325.72 Oct 16 Online Transfer - Transfer To Payroll Ref #iBEJJXPSB9 - 10,000.00 234,325.72 Oct 17 Del)osit 184.75 234,510.47 Oct 17 Deposit 99.00 234,609.47 Oct 17 Barns Hostlink Merch Setl 021015 430132213553377 Foundation For The Ret 74.40 234,683.87 Oct 18 D(,posit 249,597.03 484,280.90 Oct 18 Bams Hostlink Merch Setl 021016 430132213553377 Fuun(L&on f' v- T `! ; Pet 363.32 484,644.22 Oct 18 Discover Bus Svc Settlement 002101 60110 1300375-302 Four r1ation For The Ret 12.40 484,656.62 Oct 18 Online Transfer - Transfer To Operating Ref #iBHX5rn4K:x - 30,000.00 454,656.62 Oct 18 Online Transfer - Transfer To Operating Ref #IBHFM.X63Rj - 20,000.00 `,1 434,656.62 Oct 18 Online Transfer - Transfer To Payroll Ref #1bejjxgyfs - 15,000.00 419,656.62 Oct 21 American Express Settlement 021021 5047804828 Foundation F5047804828 598.69 420.255.31 Oct 21 Cash Vault Deposit 295.17 420,550.48 Oct 21 Cush Deposit 237.25 420,787.73 Oct 21 Cash Only Customer Deposit 230.50 421,018.23 Oct 21 Cush Cir,1; Custor-: er Depc;, , t 135.25 421,203.48 Oct 21 Crash Only Customer Deposit 154.50 421,357.98 Oct 21 Cash V;iult Dopo.,it 103.25 421,461.23 Oct 21 Cash Vault Deposit 70.75 421,531.98 Oct 21 B<in±s Hr °-tlink Merch S&I 021017 430132213553377 Foundation For The Ret 42.03 421,574.01 Oct 21 Cw7h V_iult Deposit 27.00 421,601.01 Oct 21 Online Transfer - Transfer To Payroll Ref 91,9HX56Plnh - 100,000.00 321,601.01 Oct 22 Deposit 89,593.33 411,194.34 Oct 22 Barns Hostlink Merch Setl 021018 430132213553377 Foundation For The Ret 250.00 411,444.34 Oct 22 Deposit 207.75 411?652.09 Oct 22 Deposit 189.75 411,841.84 Oct 22 Der-osit 153.00 411,994.84 Oct 22 Deposit 86.25 412,081.09 Oct 22 Deposit 48.40 412,129.49 Oct 22 Deposit 19.40 412,148.89 Continued on next page Foundation For The Retarded Business Money Market Access 686-7670580 Page 4 of 6 Account Number: Statement End Date: Deposits/ Withdrawalsi Date Transaction Detail Dividends Debits Oct 22 Online Transfer - Transfer To Payroll Ref #IBH4XRP2F3 - 50,000.00 Oct 22 American Express Collection 021022 5047804828 Foundation F5047804828 - 4.50 Oct 23 Sams Hostlink Merch Setl 021021 430132213553377 Foundation For The Ret 348.39 Oct 23 Deposit 110.50 Oct 23 Deposit 38.50 Oct 23 1 Foreign Items Deposited @ 1.50 Per Item - 1.50 Oct 24 Deposit 14,340.22 Oct 24 Sams Hostlink Merch Setl 021022 430132213553377 Foundation For The Ref 80.82 Oct 24 10121 cash re'd 234.17 listed 295.17 - 61.00 Oct 25 Deposit 13,324.95 Oct 25 Sams Hostlink Merch Setl 021023 430132213553377 Foundation For The Ret 461.09 Oct 25 Cash Vault Deposit 352.10 Oct 25 Cash Vault Deposit 252.00 Oct 25 Cash Only Customer Deposit 241.00 Oct 25 Withdrawal - Telephone Transfer - 80,000.00 Oct 25 IRS Usataxpymt 102502 220229809613063 Foundation For Retarde - 39,095.17 Oct 28 Sams Hostlink Merch Setl 021024 430132213553377 Foundation For The Ret 1,131.72 Oct 28 Cash Vault Deposit 413.25 Oct 28 Cash Only Customer Deposit 156.80 Oct 28 Return Item Az 021028 - 1,068.88 Oct 28 Return Item Fee Az 021028 - 5.00 Oct 29 Deposit 13,597.15 Oct 29 Sams Hostlink Merch Setl 021025 430132213553377 Foundation For The Ref 304.54 Oct 29 Cash Only Customer Deposit 289.65 Oct 29 Cash Only Customer Deposit 212.75 Oct 29 Cash Vault Deposit 207.00 Oct 29 Deposit 93.25 Oct 29 Deposit 64.60 Oct 29 Return Item Az 021029 - 22.00 Oct 29 Return Item Fee Az 021029 - 5.00 Oct 30 Cash Only Customer Deposit 356.95 Oct 30 Deposit 325.00 Oct 30 Deposit 319.75 Oct 30 Deposit 249.30 Oct 30 Deposit 202.75 Oct 30 Deposit 112.75 Oct 30 Bams Hostlink Merch Setl 021028 430132213553377 Foundation For The Ret 12.40 Oct 30 Withdrawal - Telephone Transfer - 25,000.00 Oct 31 Sams Hostlink Merch Setl 021029 430132213553377 Foundation For The Ret 35.57 Oct 31 Online Transfer - Transfer From Mm To Operating Acct Ref #1BHT8592Br - 45,000.00 Oct 31 Online Transfer - Transfer From Mm To Payroll Account Ref #IBHMG28WM9 - 5,000.00 Oct 31 Per Item Deposited Fee - 83.70 Oct 31 Cash Deposited Fee - 30.00 Oct 31 Ending Balance 19,821 686-7670580 10131102 Ending Balance 362,148.89 362,144.39 362, 492.78 362, 603.28 362, 641.78 362, 640.28 376,980.50 377,061.32 377,000.32 390,325.27 390, 786.36 391,138.46 391,390.46 391,631.46 311,631.46 272,536.29 273, 668.01 274,081.26 274,238.06 273,169.18 273,164.18 286, 761.33 287,065.87 287,355.52 287,568.27 287, 775.27 287,868.52 287,933.12 287,911.12 287,906.12 288,263.07 288,588.07 288,907.82 289,157.12 289,359.87 289,472.62 289,485.02 264, 485.02 264,520.59 219,520.59 214,520.59 214, 436.89 214, 406.89 214,406.89 rJ Continued on next page 1 2 Page 5 of 6 19.822 Foundation For The Retarded Account Number: 686-7670580) Staternent cnd Date: i0l3ll6Z Money market hind sweep transactions -------------------•------------------------------------------------------------------------------- Date Savings account Market Fund Oct 01 $128.24- $128.24 - Oc:t 01 $1,556.84- $1,556.84 02 $11.• 825. 63 - $ i i . 53- Oct 03 $95.524.85- $95,524.8.5 - Oct 04 $111,346.25 4 $11046.25-- Oct 07 $2, &40.18- $2, v40.1 S Oct 08 $52,180.02- $52,180.02 - Oct 09 $7,441.39- $7.441.39 - Oct 10 $93, 617.97- $93, 617.97 - Oct 11 $552870.13 $55,87;;.13- Oct 15 $87,419.08- $87,419.08 - Oct 16 $19,359.10 + $19,3oy.10- Jct 17 $1.074.15-r.t5- ,�.�t 18 $63,599.25 $63,59925- Oct 21 $15C,4uo.J9- v ( 50,466.28 Oct 22 $47,556.62 + $47,556.62- Oct 23 $83,833.69- $8 3,a33.89 -. Oct 24 $7,658.04- '7, 358.04 ; Oct 25 $105, 428.03 + $105, 428.03- Oc t 28 $12, 898.89- $ t 2, 898.89 Oct 29 $2,237.94- $2,237.94 Oct 30 $15,822.10 4- $15,822.10- Oct 31 $44,854.43 + $44,854.43- Oct 31 $113.70+ $113.70- -1-Denotes sweeps to the account -Denotes sweeps from the account Sweep transactions are settled in the. Fund, and Fund shares are actually purchased and redeemed nn the bar-,jr day immediately following the day of the sweep shown above. For Your Interest INCREASE YOUR SALES BY PROVIDING YOUR CUSTOMERS WITH MORE PAYMENT OPTIONS. WELLS FARGO MERCHANT SERVICES CAN HELP YOU EXPAND YOUR BU&NES.S WITH OUR CREDIT DEBIT ANO ATM/ONLINE PAYMENT CHOICES. AND, WHEN YOU HAVE A WELLS FARGO BUSINESS CHECKING ACCOUNT, FUNDS MAY BE POSTED TO YOUR ACCOUNT THE NEXT BUSINESS DAY. CALL US AT 1-800-359-3557, EXT. 440 OR VISIT WELLSFARGOSPECIAL_COM AND ENTER KEYWORD "MERCHANTS" TO FIND OUT ABOUT WAYS TO PROVIDE MORE PAYMENT OPTIONS. r� •'7 t Cent;n;jed on next page Page 6 of 6 Wells Fargo has comprehensive solutions designed to meet your business needs: Credit Lines and Loans I Business Payroll Services I Retirement Plans Merchant Card Services I Investment Services i Business Online Banking For more information on our products and services, please contact your Wells Fargo representative or visit us online at wellsfargo.com/biz Important Information About Your Account An investment in a Wells Fargo money market fund is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the Funds seek to preserve the value of your investment at $1 per share, it is possible to lose money by investing in the Funds. Wells Fargo Funds Management, LLC, a wholly -owned subsidiary of Wells Fargo & Company, provides investment advisory and administrative services for the Wells Fargo Funds. Other affiliates of Wells Fargo & Company provide sub -advisory and other services for the Funds. The Funds are distributed by Stephens Inc., Member NYSE/SIPC. Wells Fargo & Company and its affiliates are not affiliated with Stephens Inc. The Wells Fargo Money Market Fund Ending Balance is the value of Money Market Fund shares held on your behalf as of the statement date, plus or minus the amount of any sweep transaction posted on the last business day of the statement period. Sweep transactions are not settled until the next business day. This means that the invested balance on which you earn dividends does not change until the business day after the date of each sweep transaction shown on the front of this statement. The Bank Account Ending Balance is the amount deposited to your Sweep Account that has not yet been swept into your Designated Money Market Fund on the statement date. The sweep transaction amounts also represent the number of shares purchased or redeemed at $1.00 per share. Account Balance Calculation Worksheet 1. Use the following worksheet to calculate your overall account balance. 2. Go through your register and mark each check, withdrawal, ATM transact payment, deposit or other credit listed on your statement. Be sure that t register shows any interest paid into your account and any service char(, automatic payments or ATM transactions withdrawn from your account du this statement period. 3. Use the chart below, list any deposits, transfers to your account, outstare checks, ATM withdrawals, ATM payments or any other withdrawals (inclu(, any from previous months) which are listed in your register but not shown your statement. 10, ENTER ® The NEW BALANCE shown on yourstatement................................................................ $ ► ADD ® Any deposits listed in your $ register or transfers into $ your account which are not $ shown on your statement. +$ TOTAL .................. $ CALCULATE THE SUBTOTAL ................... $ (Add Parts Aand B) ► SUBTRACT © The total outstanding checks and withdrawals from the chart above ...................... $ 10, CALCULATE THE ENDING BALANCE (Part A + Part B - Part C) This amount should be the same as the current balance shown in your check register ........................................... $ Members FDIC r(, L s" WELLS FARGO BANK, N-A. P.O. BOX 6995 PORTLAND, OR 97228-6995 FOUNDATION FOR 73-255 COUNTRY PALM DESERT CA THE RETARDED CLUB 92260-2309 Page 1 of 6 Account Number. Statement End Date: 40,909 686-7670580 09130102 If you have any questions about this statement or your accounts, call: 800-225-5935 (1-800-CALL-WELLS). Your Accounts at a Glance Account Beginning Type Balance Business Money Market Access 165,290.72 686-7670580 News from Wells Fargo Deposits/ Withdrawals/ Ending Dividends Debits Balance 586,813.54 - 660,527.00 91,577.26 HAVE MULTIPLE EMPLOYEES? THE WELLS FARGO BUSINESS ONLINE BANKING PLUS SERVICE ALLOWS YOU TO ASSIGN ACCESS LEVELS TO YOUR EMPLOYEES AND SERVICE PROVIDERS BY ,ACCOUNT, VIEW BUSINESS ACCOUNTS, TRANSFER FUNDS AND ORGANIZE ACCOUNTS FOR MULTIPLE BUSINESSES ONLINE. GET YOUR FIRST MONTH OF SERVICE FOR FREE. VISIT WELLSFARGO.COM/BIZIBANKONL/KE OR CALL 1-800-956-4442. Savings account and Wells Fargo Money Market Fund A summary Balance on 09130 $91,502.26 Savings balance on 09130 $75.00 Dividends earned this period $128 24= Dividends earned year to date $1,407.74 Minimum balance $19,781.11 Average balance $139,154.04 7-day current yield as of 09/30 1.1305145% 30-day current yield as of 09130 1.1229955% NOT FDIC INSURED NO BANK GUARANTEE MAY LOSE VALUE 'NOTE. The actual dividend amount will post to your account on the first business day of the following month and appear on your next statement. Business Money Market Access 686-7670580 Deposits/ Withdrawalsl Ending Date Transaction Detail Dividends Debits Balance Aug 31 Beginning Balance 165,290.72 Sep 03 American Express Settlement 020903 5047804828 Foundation F5047804828 485.75 J 1OP176.47 J Continued on next page " 2 3 Foundation For The Retarded Business Money Market Access 686-7670580 Date Transaction Detail Sep 03 Dividend Paid/Reinvested Prior Month Wells Fargo Money Market Fund A Sep 03 Bams Hostlink Merch Sett 020829 430132213553377 Foundation For The Ret Sep 03 Deposit Sep 03 Deposit Sep 03 Cash Only Customer Deposit Sep 03 Cash Only Customer Deposit Sep 03 Cash Only Customer Deposit Sep 03 Cash Only Customer Deposit Sep 03 Cash Vault Deposit Sep 03 Deposit Sep 03 Cash Only Customer Deposit Sep 03 Deposit Sep 03 Bofa Ms 1922 Merch Fees 020830 430132213553377 Foundation For The Ref Sep 04 Deposit Sep 04 Deposit Sep 04 Cash Only Customer Deposit Sep 04 Deposit Sep 04 Online Transfer - Transfer To Payroll Ref #1BHBQVCG3Z Sep 05 Deposit Sep 05 Online Transfer - Transfer To Payroll Ref #IBEQC22X4X Sep 06 Deposit Sep 06 Deposit Sep 06 Return Item Fee Az 020906 Sep 06 Return Item Az 020906 Sep 06 Online Transfer - Transfer To Payroll Ref #IBH7Tsvprk Sep 06 Online Transfer - Transfer To Operating Account Ref #Ibhfmwvmnl Sep 09 Bams Hostlink Merch Setl 020906 430132213553377 Foundation For The Ret Sep 09 American Express Settlement 020907 5047804828 Foundation F5047804828 Sep 09 Deposit Sep 09 Cash Only Customer Deposit Sep 09 Cash Only Customer Deposit Sep 09 Cash Vault Deposit Sep 09 Cash Only Customer Deposit Sep 09 Cash Vault Deposit Sep 09 Deposit Sep 09 Deposit Sep 09 Cash Only Customer Deposit Sep 09 Cash Only Customer Deposit Sep 09 Deposit Sep 09 American Express Collection 020909 5047804828 Foundation F5047804828 Sep 10 Deposit Sep 10 Online Transfer - Transfer To Payroll Ref #1b emfymcgr Sep 10 Online Transfer - Transfer To Operating Ref #1BEX554XK2 Sep 11 Deposit Sep 11 Bams Hostlink Merch Setl 020909 430132213553377 Foundation For The Ret Sep 11 Deposit Sep 11 Return Item Az 020911 Sep 11 Return Item Fee Az 020911 Sep 11 Online Transfer - Transfer To Payroll Ref #IBH22PW4Vn Page 2 of 6 Account Number. Statement End Date: Deposits/ Withdrawals! Dividends Debits 138.07' 5,170.16 320.25 " 249,50 21115 164.25' 157.15' 144.75 ," 115.00 64.00 -' 57.75 17.30 40,910 686-7670580 09130102 Ending Balance 165,914.54 171,084.70 171,404.95 171, 654.45 171,865.70 172, 029.95 172,187.70 172,332.45 172,447.45 172,511.45 172,569.20 172,586.50 ' 333.72 172,252.78 6,233.01 �._- _-� - -� 178, 485.79 200.00 -", 178, 685.79 105.50 .- 178, 791.29 69.00 " 178,860.29 - 10,000.00 168,860.29 9,930.35 178, 790.64 102108.80 2:166.67 4.85' 518.83 510.75: 300.25 236.00 " 220.75 i 174.55-' 172.50 142.80 Z 135.00 120.20. 103.29 . 75.50•' 21,752.34 - 100,000.00 78,790.64 180, 899.44 1831.066.11 �.00 �1 183,061.11 2.00 !' 153,059.11 - 50,000.00 133,059.11 - 10,000.00 . 123,059.11 123,063.96 - 388.60 / 30, 000.00 i - 30,000.00' 108.50 64.38 57.00 Y,�. '-- �3,750.00 ( 5.00 . ;� - 15, 000.00 -' 123, 582.79 124,093.54 124, 393.79 124, 629.79 124, 850.54 125, 025.09 125,197.59 125, 340.39 125,475.39 125,595.59 125, 698.88 125, 774.38 125, 385.78 147,138.12 117,138.12 87,138.12 87,246.62 87,311.00 87, 368.00 83, 618.00 83, 613.00 1 7 i'V, 613.00 Continued on next page r* �p Foundation For The Retarded Page 3 of 6 Account Number: Statement End Date: 40,911 686-7670580 09130102 Business Money Market Access 686-7670580 Depositsl Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Sep 11 IRS Usataxpymt 091102 220225431862121 Foundation For Retarde - 42,518.69 ` 26,094.31 Sep 12 Deposit 27,937.75 ', 54,032.06 Sep 12 Deposit 7,989.57 �. 62,021.63 Sep 12 Cash Only Customer Deposit 256.75 62,278.38 Sep 13 Deposit 26,262.31 '' 88,540.69 Sep 13 Cash Only Customer Deposit 214.25-' 88,754.94 Sep 13 Cash Only Customer Deposit 208.25 88,963.19 Sep 13 Cash Only Customer Deposit 200.55 - 89,163.74 Sep 13 Cash Only Customer Deposit 152.25 89,315.99 Sep 16 Bams Hostlink Merch Setl 020913 430132213553377 - - Foundation For The Ret 48_% Q0- 89,363.99 Sep 16 Deposit 335,704.05 ' 425,068.04 Sep 16 American Express Settlement 020914 5047804828 Foundation F5047804828 777.20 425,845.24 Sep 16 Cash Vault Deposit 180.50 426,025.74 Sep 16 Cash Only Customer Deposit 97.75" 426,123.49 Sep 16 Proof-Adj Addition Err On Deposit Ticket 93.50-- 426,216.99 Sep 16 Bams Hostlink Merch Setl 020912 430132213553377 Foundation For The Ret 7.27 426,224.26 Sep 16 Online Transfer - Transfer To Operating Ref #IBH22PWRG3 - 15,000.00 411,224.26 Sep 16 Online Transfer - Transfer To Payroll Ref #IBHFMWX5G5 - 10,000.00 - 401,224.26 Sep 16 Rdev Treas 310 Fedpreauth 091602 956006700122004 REF'LD`04-033-0956006700-01*rural Dev Prog Loan- - 8,388.00 392,836.26 Sep 17 Deposit 357.60 ' 393,193.86 Sep 17 Deposit 332.50- 393,526.36 Sep 17 Deposit 187.00 393,713.36 Sep 17 Deposit 174.25 - 393,887.61 Sep 17 Deposit 170.75 - 394,058.36 Sep 17 Deposit 154.50-' 394,212.86 Sep 17 Deposit 100.00 394,312.86 Sep 17 Deposit 65"50 -' 394,378.36 Sep 17 Deposit 28.00 394,406.36 Sep 19 Bams Hostlink Merch Sell 020917 430132213553377 394,777.39 Foundation For The Ret 371.03- Sep 19 Online Transfer - Transfer To Payroll Ref #Ibhmfzyjpy - 100,000.00 ` 294,777.39 Sep 19 Online Transfer - Transfer To Operating Ref #IBHFMWY5Ws - 20,000.00 ' 274,777.39 Sep 20 Deposit 5,247.99� " 280,025.38 Sep 20 Online Transfer - Transfer To Payroll Ref Sep 20 #1BH7Tsyjjx Online Transfer - Transfer To Operating Ref - 50,000.00 230,025.38 #1BH7TSYJJ5 - 15,000.00 " 215,025.38 Sep 23 Cash Only Customer Deposit 229.50 - 215,254.88 Sep 23 Cash Only Customer Deposit 155.00- 215,409.88 Sep 23 Cash Only Customer Deposit 145.50 -' 215,555.48 Sep 23 Bams Hostlink Merch Sed 020919 430132213553377 ;='I,p 215,700.26 Foundation For The Ret 144.76=, ;o, p .� Sep 23 Cash Only Customer Deposit 143.25-- ;;-° : , 215,843.51 Sep 23 Cash Only Customer Deposit 142.50- 215,986.01 Sep 23 Cash Only Customer Deposit 125.75-- 216,111.76 Sep 23 Cash Vault Deposit 125.00 ' 216,236.766 Sep 23 Cash Only Customer Deposit 112.00 ," 216,348.76 Sep 23 Cash Only Customer Deposit 94.50 216,443.26 Sep 23 American Express Collection 020923 5047804828 - 4.50 216,438.76 Foundation F5047804828 Sep 24 Deposit 17,460.33 233,899.09 Sep 24 Deposit 191.25 " ° 234,090.34 Continued on next page It- • Foundation For The Retarded Business Money Market Access 686-7670580 Page 4 of 6 40,912 Account Number., 686-7670580 Statement End Date: 09130102 Deposits/ Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Sep 24 Discover Bus Svc Settlement 002092 601101300375902 Foundation For The Ret 156.81 — 234,247.15 Sep 24 Deposit 103.00 — 234,350.15 Sep 24 Online Transfer - Transfer To Operating Ref #IBH4XRH8Rz - 50,000.00 184,350.15 Sep 24 Online Transfer - Transfer To Payroll Ref #Ibhjjyhrmd - 35,000.00 ' 149,350.15 Sep 25 Deposit 167.00 ' 149,517.15 Sep 25 Deposit 119.75 ' 149,636.90 Sep 25 Deposit 106.75 149,743.65 Sep 25 Barns Hostlink Merch Setl 020923 430132213553377 Foundation For The Ret 93.23s 149,836.88 Sep 25 Deposit 88.00-' 149,924.88 Sep 25 Deposit 84.75 ' 150,009.63 Sep 25 Deposit 60.00 150,069.63 Sep 25 IRS Usataxpymt 092502 220226854379683 Foundation For Retarde - 40,031.69 110,037.94 Sep 26 Barns Hostlink Merch Setl 020924 430132213553377 Foundation For The Ret 17.76~" 110,055.70 Sep 27 Deposit 5,362.07--' 115,417.77 Sep 27 Barns Hostlink Merch Setl 020925 430132213553377 - -- - Foundation For The Ret !269.38 115,687.15 Sep 27 Online Transfer - Transfer To Operating Ref �` --_ -- -- #1BH7Tszprl - 25,000.00 90,687.15 Sep 30 Barns Hostlink Merch Setl 020927 430132213553377 Foundation For The Ret 208.85-~" 90,896.00 Sep 30 Cash Only Customer Deposit 286.64 -' 91,182.64 Sep 30 Cash Vault Deposit 181.50 91,364.14 Sep 30 Cash Vault Deposit 181.00> 91,545-14 Sep 30 Barns Hostlink Merch Setl 020926 430132213553377 _ ; Foundation For The Ret 131.92;' i 91,677.06 Sep 30 Monthly Service Fee - 15.00^` .91.662.06 Sep 30 Per Item Deposited Fee - 64.80';- � q ' '` 191,597.26 Sep 30 Cash Deposited Fee - 20.00 ' 91,577.26 Sep 30 Ending Balance 91,577.26 Money market fund sweep transactions --------------------------------------------------------------------------------------------------- Date Savings account Market Fund Sep 03 $138.07- $138.07+ Sep 03 $6,827.99- $6,827.99+ Sep 04 $8,900.49 + $8,900.49- Sep 05 $93,265.65+ $93,265.65- Sep 06 $50,293.53 + $50,293.53- Sep 09 $105,494.67- $105, 494.67 + Sep 10 $59, 332.66 + $59, 332.66- Sep 11 $39,867.81 + $39,867.81- S ep 12 $4,197.07- $4,197.07 + Sep 13 $32,522.61- $32,522.61 + Sep 16 $4, 954.73 + $4, 954.73- Sep 17 $333,473.10- $333,473.10+ Sep 18 $3,093.00- $3,093.00+ Sep 19 $119, 628.97 + $119, 628.97- Sep 20 $64,165.01 + $64,165.01- Sep 23 $5,740.38- $5,740.38+ Sep 24 $82,485.61 + $82,485.61- Sep 25 $23,829.21 + $23,829.21- Continued on next page �. - } 2 U Foundation For The Retarded Money market fund sweep transactions Page 5 of 6 40,913 Account Number: 686-7670580 Statement End Date: 09130102 Date Savings account Market Fund Sep 26 $17.76- $17.76+ Sep 27 $22, 780.55 + $22, 780.55- Sep 30 $99.80+ $99.80- Sep 30 $4,326.91- $4,326.91 + +Denotes sweeps to the account -Denotes sweeps from the account Sweep transactions are settled in the Fund, and Fund shares are actually purchased and redeemed on the business day immediately following the day of the sweep shown above. For Your Interest INCREASE YOUR SALES BY PROVIDING YOUR CUSTOMERS WITH MORE PAYMENT OPTIONS. WELLS FARGO MERCHANT SERVICES CAN HELP YOU EXPAND YOUR BUSINESS WITH OUR CREDIT, DEBIT AND ATM/ONLINE PAYMENT CHOICES. AND, WHEN YOU HAVE A WELLS FARGO BUSINESS CHECKING ACCOUNT, FUNDS MAY BE POSTED TO YOUR ACCOUNT THE NEXT BUSINESS DAY. CALL US AT 1-800-359-3557, EXT. 440 OR VISIT WELLSFARGOSPECIAL.COM AND ENTER KEYWORD "MERCHANTS" TO FIND OUT ABOUT WAYS TO PROVIDE MORE PAYMENT OPTIONS. 1f I Continued on next page `, 2 Page 6 of 6 Wells Fargo has comprehensive solutions designed to meet your business needs: I Credit Lines and Loans I Business Payroll Services I Retirement Plans I Merchant Card Services I Investment Services I Business Online Banking For more information on our products and services, please contact your Wells Fargo representative or visit us online at wellsfargo.com/biz Important Information About Your Account An investment in a Wells Fargo money market fund is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the Funds seek to preserve the value of your investment at $1 per share, it is possible to lose money by investing in the Funds. Wells Fargo Funds Management, LLC, a wholly -owned subsidiary of Wells Fargo & Company, provides investment advisory and administrative services for the Wails Fargo Funds. Other affiliates of Wells Fargo & Company provide sub -advisory and other services for the Funds. The Funds are distributed by Stephens Inc., Member NYSE/SIPC. Wells Fargo & Company and its affiliates are not affiliated with Stephens Inc. The Wells Fargo Money Market Fund Ending Balance is the value of Money Market Fund shares held on your behalf as of the statement date, plus or minus the amount of any sweep transaction posted on the last business day of the statement period. Sweep transactions are not settled until the next business day. This means that the invested balance on which you earn dividends does not change until the business day after the date of each sweep transaction shown on the front of this statement. The Bank Account Ending Balance is the amount deposited to your Sweep Account that has not yet been swept into your Designated Money Market Fund on the statement date. The sweep transaction amounts also represent the number of shares purchased or redeemed at $1.00 per share. Account Balance Calculation Worksheet 1. Use the following worksheet to calculate your overall account balance. 2. Go through your register and mark each check, withdrawal, ATM transaction, payment, deposit or other credit listed on your statement. Be sure that your register shows any interest,paid into your account and any service charges, automatic payments or ATM transactions withdrawn from your account during this statement period. 3. Use the chart below, list any deposits, transfers to your account, outstanding checks, ATM withdrawals, ATM payments or any other withdrawals (including any from previous months) which are listed in your register but not shown on your statement. ENTER ® The NEW BALANCE shown on your statement ................................ ADD ® Any deposits listed in your $ register or transfers into $ your account which are not $ shown on your statement. +$ CALCULATE THE SUBTOTAL (Add Parts A and B) ......... $ TOTAL .................. $ ................... $ SUBTRACT © The total outstanding checks and withdrawals from the chart above ...................... $ — CALCULATE THE ENDING BALANCE ( Part A + Part B - Part C) This amount should be the same as the current balance shown in your check register ........................................... $ _ ITEMS_ OUTSTANDING —__— NUMBER AMOUNT � 1 I—_ I TOTAL $ Members FDIC 2S WELLS FARGO BANK, N.A. P.O. BOX 6995 PORTLAND, OR 97228-6995 FOUNDATION FOR THE RETARDED 73-255 COUNTRY CLUB PALM DESERT CA 92260-2309 Page 1 of 6 48,362 Account Number: 686-7670580 Statement Start Date: 12101101 Statement End Date: 12131101 If you have any questions about this statement or your accounts, call: 800-225-5935 (1-800-CALL-WELLS). Your Accounts at a Glance Account Beginning Deposits/ Withdrawals/ Ending Type Balance Dividends Debits Balance Business Money Market Access 225,250.64 645,577.36 - 654,368.29 216,459.71 686-7670580 News from Wells Fargo WELLS FARGO IS COMMITTED TO THE ENVIRONMENT AND SERVING THE NEEDS OF OUR CUSTOMERS. AS A RESULT, WE ARE PLEASED TO ANNOUNCE THAT BEGINNING WITH THIS STATEMENT, WE WILL BEGIN PRINTING ON THE FRONT AND BACK PAGES TO REDUCE PAPER USAGE. WE APPRECIATE YOUR BUSINESS AND LOOK FORWARD TO SERVING YOUR BANKING NEEDS. REMINDER: WE ATTEMPT TO MAKE DEPOSITED CHECKS AVAILABLE THE NEXT BUSINESS DAY. HOWEVER, SOME DEPOSITED CHECKS MAY BE SUBJECT TO A HOLD AND NOT AVAILABLE FOR YOUR IMMEDIATE USE. 1F WE PLACE A HOLD, WE MAIL YOU A NOTICE NO LATER THAN THE NEXT BUSINESS DAY. IF YOU ATTEMPT TO WITHDRAW OR WRITE CHECKS AGAINST UNAVAILABLE FUNDS, YOU MAY BE SUBJECT TO OVERDRAFT AND RETURNED ITEM FEES. TO AVOID THESE FEES, TALK TO YOUR BANKER OR CALL THE NUMBER ON YOUR STATEMENT TO SIGN UP FOR OVERDRAFT PROTECTION. Savings account and Wells Fargo Money Market Fund A summary Balance on 12131 $216,439.71' Savings balance on 12131 $20.00 Dividends earned this period $285.59" Dividends earned year to date $3,126.87 Minimum balance $124,463.16 Average balance $217,209.33 7-day current yield as of 12131 1.4595985% 30-day current yield as of 12131 1.5546810% NOT FDIC INSURED NO BANK GUARANTEE MAY LOSE VALUE 'Refer to the reverse side. **NOTE. The actual dividend amount will post to your account on the first business day of the following month and appear on your next statement. Continued on next page Page 2 of 6 48,363 Foundation For The Retarded Account Number: 686-7670580 Statement End Date: 12131101 Business Money Market Access 686-7670580 Deposits/ Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Nov 30 Beginning Balance 225,250.64 Dec 03 Bams Hostlink Merch Sed 011130 430132213553377 Foundation For The Ret 359.70 225,610.34 Dec 03 Dividend Paid/Reinvested Prior Month Wells Fargo Money Market Fund A 308.49 ' 225,918.83 Dec 03 Deposit 94,684.57 320,603.40 Dec 03 Cash Only Customer Deposit 426.75 ' 321,030.15 Dec 03 Cash Only Customer Deposit 356.25 321,386.40 Dec 03 Cash Only Customer Deposit 284.50- 321,670.90 Dec 03 Deposit 283.00 321,953.90 Dec 03 Deposit 242.50_° 322,196.40 Dec 03 Cash Vault Deposit 181.75 322,378.15 03 American Express Settlement 011201 5047804828 .Dec Foundation F5047804828 85.49 �; �� 322,463.64 Dec 03 Online Transfer - Transfer To Operating Ref #IBHX54Fx t - 25,000.00 297,463.64 Dec 03 American Express Collection 011203 5047804828 Foundation F5047804828 - r 14.57 297,449.07 Dec 04 Deposit 5,176.66' - _ a3 302,625.73 Dec 04 Cash Only Customer Deposit 350.05 ' 302,975.78 Dec 04 Deposit 289.25 303,265.03 Dec 04 Deposit 152.25 303,417.28 Dec 04 Bofa Ms 1922 Merch Fees 011130 430132213553377 Z Foundation For The Ret - 300.63 303,116.65 Dec 04 Discover Bus Svc Settlement 001120 601101300375902 Foundation For The Ret - 11.66 303,104.99 Dec 05 Bams Hostlink Merch Setl 011203 430132213553377 Foundation For The Ret 167.81 303,272.80 Dec 05 Online Transfer - Transfer To Operating Ref #iBHT82Yczc - 25,000.00 278,272.80 Dec 05 Online Transfer - Transfer To Payroll Ref #IBHX54Gvcc - 5,000.00 273,272.80 Dec 06 Bams Hostlink Merch Sed 011204 430132213553377 Foundation For The Ret 491.31 273,764.11 Dec 06 Deposit 459.25," 274,223.36 Dec 06 Cash Only Customer Deposit 259.80- 274,483.16 Dec 06 Online Transfer - Transfer To Payroll Ref #IBHMFXYT63 - 150,000.00 -' 124,483.16 Dec 07 Deposit 16,910.02 ' 141,393.18 Dec 07 Deposit 6,819.17 - 148,212.35 Dec 07 Cash Vault Deposit 398.15d 148,610.50 Dec 07 Bams Hostlink Merch Setl 011205 430132213553377 Foundation For The Ret 231.63 148,842.13 Dec 07 Deposit 212.75 149,054.88 Dec 07 Deposit 169.30- 149,224.18 Dec 07 Deposit 151.75 -- 149,375.93 Dec 07 American express Settlement 011207 5047804828 Foundation F5047804828 I1.90i ,,, , , i 149,387.83 Dec 10 Bams Hostlink Merch Setl 011207 430132213553377 =,35 `. Foundation For The Ret 113.39 149,501.22 Dec 10 Bams Hostlink Merch Setl 011208 430132213553377 Foundation For The Ret 31.50 149,532.72 Dec 10 Deposit 108,148.51 'f 257,681.23 Dec 10 Cash Only Customer Deposit 434.50 - 258,115.73 Dec 10 Bams Hostlink Merch Setl 011206 430132213553377 Foundation For The Ret 396.06 258,511.79 Dec 10 Deposit 1- ��32.55 258,844.34 Dec 10 Cash Only Customer Deposit 22 .." 259,068.74 Dec 10 Cash Vault Deposit 153.50 - 259,222.24 Dec 10 Discover Bus Svc Settlement 001120 601101300375902 Foundation For The Ret 48.00 259,270.24 Dec 11 Deposit 364.00 259,634.24 Dec 11 Deposit 181.50 -' 259,815.74 Continued on next page t , Foundation For The Retarded Page 3 of 6 Account Number: Statement End Date: 48,364 686-7670580 12131101 Business Money Market Access 686-7670580 Deposits/ Withdrawals/ Ending Date Transaction Detail Dividends Debits Balance Dec 11 Cash Only Customer Deposit 167.50'- 259,983.24 Dec 11 Online Transfer - Transfer To Payroll Ref #IBHFMV28G2 - 30,000.00 229,983.24 Dec 11 Online Transfer - Transfer To Operating Ref #lbhbgsjmgm - 30,000.00 199,983.24 Dec 12 Deposit 27,078.53 - 227,061.77 Dec 12 Deposit 1,691.77 228,753.54 Dec 12 Barris Hostlink Merch Setl 011210 430132213553377 Foundation For The Ret 965.00 229,718.54 Dec 12 Cash Only Customer Deposit 314.85 230,033.39 Dec 12 Cash Only Customer Deposit 280.00 230,313.39 Dec 12 IRS Usataxpymt 121201 220134675656992 Foundation For Retarde - 37,732.88 3,496.43 192,580.51 196,076.94 Dec 13 Deposit Dec 13 Barris Hostlink Merch Setl 011211 430132213553377 Foundation, For The Ret 1,266.82 197,343.76 Dec 13 Deposit 332.00- 197,675.76 Dec 13 Deposit 276.50 ' 197,952.26 Dec 13 Deposit 231.75-:7�_ 198,184.01 Dec 13 Deposit 139.75 ; 198, 323.76 Dec 13 Discover Bus Svc Settlement 001121 --- 601101300375902 Foundation Foundation For The Ret 83.65 , 198,407.41 Dec 13 Online Transfer - Transfer To Operating Ref #Ibhjjwkggt - 50,000.00 148,407.41 Dec 14 Barris Hostlink Merch Setl 011212 430132213553377 Foundation For The Ref 592.35 148,999.76 Dec 14 Cash Only Customer Deposit 365.60'- 149,365.36 Dec 14 Deposit 253.75 - 149,619.11 Dec 14 American Express Settlement 011214 5047804828 Foundation F5047804828 74.56 I 149,693.67 Dec 17 American Express Settlement 011217 5047804828' Foundation F5047804828 69* r. 4.; 149,763.62 Dec 17 Barris Hostlink Merch Setl 011214 430132213553377 Foundation For The Ret 4,213.64 153,977.26 Dec 17 Barris Hostlink Merch Setl 011213 430132213553377 Foundation For The Ret 486.84 154,464.10 Dec 17 Cash Vault Deposit 403.00 154,867.10 Dec 17 American Express Settlement 011215 5047804828 .. y- 289.75 155,156.85 Dec 17 Foundation F5047804828 Cash Only Customer Deposit 184.56 -- 155,341.35 Dec 17 Cash Only Customer Deposit 112.85 --- 155,454.20 Dec 17 Rdev Treas 310 Fedpreauth 121701 956006700122004 REF`LD'04-033-0956006700-01'rural Dev Prog Loan- - 8,388.00 147,066.20 Dec 18 Deposit 312,310.59 ' 459,376.79 Dec 18 Cash Vault Deposit 348.70- 459,725.49 Dec 18 Deposit 195.00- 459,920.49 Dec 18 Deposit 151.85 y 460,072.34 Dec 18 Discover Bus Svc Settlement 001121 601101300375902 Foundation For The Ref 120.00 460,192.34 Dec 18 Discover Bus Svc Settlement 001121 601101300375902 Foundation For The Ret 96.00 460,288.34 Dec 18 Online Transfer - Transfer To Operating Ref #IBH22N3Lht - 25,000.00 '` 435,288.34 Dec 19 Bams Hostlink Merch Setl 011217 430132213553377 Foundation For The Ret 2,078.63 437,366.97 Dec 19 Cash Only Customer Deposit 389.45 437,756.42 Dec 20 Deposit 19,357.10 457,113.52 Dec 20 Barris Hostlink Merch Setl 011218 430132213553377 Foundation For The Ret 677.72 457,791.24 Dec 20 Cash Vault Deposit 273.75- 458,064.99 Dec 20 Deposit 249.00`' 458,313.99 Continued on next page il�� Foundation For The Retarded Business Money Market Access 686-7670580 Date Transaction Detail Dec 20 Deposit Dec 20 Deposit Dec 20 Deposit Dec 20 Discover Bus Svc Settlement 001121 601101300375902 Foundation For The Ret Dec 20 Online Transfer - Transfer To Payroll Ref #IBHJJWMB28 Dec 20 Online Transfer - Transfer To Operating Ref ##1BH22N4255 Dec 20 Online Transfer - Transfer To Payroll Ref #IBHJJWM6Wx Dec 21 Bams Hostlink Merch Setl 011219 430132213553377 Foundation For The Ret Dec 21 Cash Vault Deposit Dec 21 American Express Settlement 011221 5047804828 Foundation F5047804828 Dec 24 American Express Settlement 011224 5047804828 Foundation F5047804828 Dec 24 Bams Hostlink Merch Setl 011221 430132213553377 Foundation For The Ref Dec 24 Bams Hostlink Merch Set! 011220 430132213553377 Foundation For The Ref Dec 24 Deposit Dec 24 American Express Settlement 011222 5047804828 Foundation F5047804828 Dec 24 Cash Only Customer Deposit Dec 24 Deposit Dec 24 Deposit Dec 24 Return Item Az 011224 Dec 24 Return Item Fee Az 011224 Dec 24 Online Transfer - Transfer To Payroll Ref #IBH4XPM857 Dec 26 Cash Only Customer Deposit Dec 26 Cash Only Customer Deposit Dec 26 Online Transfer - Transfer To Payroll Ref #IBHX54Ndcp Dec 27 Deposit Dec 27 Deposit Dec 27 IRS Usataxpymt 122701 220136137528050 Foundation For Retarde Dec 28 Deposit Dec 28 Cash Only Customer Deposit Dec 31 American Express Settlement 011231 5047804828 Foundation F5047804828 Dec 31 Bams Hostlink Merch Sett 011228 430132213553377 Foundation For The Ret Dec 31 Deposit Dec 31 Cash Vault Deposit Dec 31 Deposit Dec 31 Deposit Dec 31 Deposit Dec 31 Deposit Dec 31 Bams Hostlink Merch Setl 011227 430132213553377 Foundation For The Ret Dec 31 Online Transfer - Transfer To Operating Ref #IBHFMV6KN8 Dec 31 Per Item Deposited Fee Dec 31 Cash Deposited Fee Dec 31 Ending Balance Page 4 of 6 Account Number., Statement End Date 48,365 686-7670580 12131101 Deposits/ Withdrawals/ Ending Dividends Debits Balance 245.50 458,559.49 210.05 - 458, 769.54 93.25 r' 458, 862.79 36.00 458,898.79 - 100,000.00 358,898.79 - 25,000.00 r" 333,898.79 - 10,000.00 "" 323,898.79 749.30 324, 648.09 384.75 ' 325,032.84 81.61 �G`.v ! 320,114.45 335.E 325, 450.07 2,331.84 327,781.91 548.70 328, 330.61 326.00 -- 328, 656.61 209.84 328, 866.45 120.25 328, 986.70 118.50 - 329,105.20 89.75 .> 329,194.95 - 120.00 - 329,074.95 - 5.00 ° 329,069.95 - 50,000.00 ' 279,069.95 274.75 s 279,344.70 150.75 279,495.45 - 20,000.00 259,495.45 3, 351.17 - 262, 846. 62 2,101.02 - 264,947.64 - 37, 658.95 227, 288.69 11, 585.99 ' 238, 874.68 254.75 239,129.43 19.43 239,148.86 1,046.50 240,195.36 346.00 " 240, 541.36 233.50 240, 774.86 210.75 240,985.61 206.25 - 241,191.86 203.45 241,395.31 187.00 - 241, 582.31 14.00 241,596.31 - 25, 000.00 216, 596.31 - 102.60 216,493.71 - 34.00 216,459.71 216, 459.71 Continued on next page _. V 3 2 Foundation For The Retarded Money market fund sweep transactions ---- - Page 5 of 6 48,366 Account Number: 686-7670580 Statement End Date: 12131101 Date Savings account Market Fund Dec 03 $17,770.46+ $17,770.46- D ec 03 $308.49- $308.49 + Dec 04 $95,180.92- $95,180.92 + Dec 05 $25,178.19 + $25,178.19- Dec 06 $148,809.64 + $148,809.64- Dec 07 $3,331.67- $3,331.67+ Dec 10 $27,703.41- $27,703.41 + Dec 11 $44,472.00- $44,472.00+ Dec 12 $34,382.73 + $34,382.73- Dec 13 $19,149.10 + $19,149.10- Dec 14 $3,255.26- $3,255.26+ Dec 17 $2, 728.47 + $2, 728.47- Dec 18 $19,915.86+ $19,915.86- D ec 19 $310, 707.08- $310, 707.08 + Dec 20 $130,774.63 + $130, 774.63- Dec 21 $18,107.66- $18,107.66+ Dec 24 $46,019.50+ $46,019.50- Dec 26 $19,574.50+ $19,574.50- Dec 27 $36,851.76+ $36,851.76- Dec 28 $6,465.74 $6,465.74+ Dec 31 $12,533.12 + $12,533.12- D ec 31 $136.60 + $136.60- +Denotes sweeps to the account -Denotes sweeps from the account Sweep transactions are settled in the Fund, and Fund shares are actually purchased and redeemed on the business day immediately following the day of the sweep shown above. For Your Interest IF YOU HAVE A WELLS FARGO MONEY MARKET ACCESS OR MONEY MARKET CHECKING ACCOUNT INVESTED IN A TAXABLE MONEY MARKET MUTUAL FUND, YOU WILL RECEIVE A 1099-DIV BY JANUARY 31, 2002. IF YOU ARE INVESTED IN A NATIONAL TAX-FREE OR CALIFORNIA TAX-FREE MUTUAL FUND SWEEP ACCOUNT, YOU WILL NOT RECEIVE A 1099-DIV AND YOU SHOULD RETAIN THIS STATEMENT FOR YOUR TAX RECORDS BECAUSE IT SHOWS THE TAX-FREE DIVIDENDS PAID IN 2001. 1 1 Continued on next page Page 6 of 6 Wells (Fargo has comprehensive solutions designed to meet your business needs: Credit Lines and Loans I Business Payroll Services i Retirement Plans II Merchant Card Services , Investment Services 0 Business Online Banking For more information on our products and services, please contact your Wells Fargo representative or visit us online at wellstargo.com/biz Important Information About Your Account An investment in a Wells Fargo money market fund is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the Funds seek to preserve the value of your investment at $1 per share, it is possible to lose money by investing in the Funds. Wells Fargo Funds Management, LLC, a wholly -owned subsidiary of Wells Fargo & Company, provides investment advisory and administrative services for the Wells Fargo Funds. Other affiliates of Wells Fargo & Company provide sub -advisory and other services for the Funds. The Funds are distributed by Stephens Inc., Member NYSE/SIPC. Wells Fargo & Company and its affiliates are not affiliated with Stephens Inc. The Wells Fargo Money Market Fund Ending Balance is the value of Money Market Fund shares held on your behalf as of the staternent date, plus or minus the amount of any sweep transaction posted on the last business day of the statement period. Sweep transactions are not settled until the next business day. This means that the invested balance on which you earn dividends does not change until the business day after the date of each sweep transaction shown on the front of this statement. The Bank Account Ending Balance is the amount deposited to your Sweep Account that has not yet been swept into your Designated Money Market Fund on the statement date. The sweep transaction amounts also represent the number of shares purchased or redeemed at $1.00 per share. Account Balance Calculation Worksheet 1. Use the following worksheet to calculate your overall account balance. 2. Go through your register and mark each check, withdrawal, ATM transaction, payment, deposit or other credit listed on your statement. Be sure that your register shows any interest paid into your account and any service charges, automatic payments or ATM transactions withdrawn from your account during this statement period. 3. Use the chart below, list any deposits, transfers to your account, outstanding checks, ATM withdrawals, ATM payments or any other withdrawals (including any from previous months) which are listed in your register but not shown on your statement. ► ENTER ® The NEW BALANCE shown on yourstatement ................................................................ $ ► ADD ® Any deposits listed in your $ -- register or transfers into $ Your account which are not $ shown on your statement. +$ TOTAL .................. $ CALCULATE THE SUBTOTAL ................... $ (Add Parts A and B) SUBTRACT © The total outstanding checks and withdrawals from the chart above ...................... _ $ CALCULATE THE ENDING BALANCE (Part A + Part B - Part C) This amount should be the same as the current balance shown in your check register .............. I............................ $ ------------------ - -- ----------------- ITEMS OUTSTANDING NUMBER AMOUNT — --- — ---------------------------- ------ --------- TOTAL - --$ — - - - -- — ---- -- - ---1 --- Members FDIC j t Sit ` 1 OM$ No. 1545-0047`- Farm 990, Return of Organization Exempt From Income Tax: Under section 501(c) of the Internal Revenue Code (except black lung benefit 2000 trust or private foundation), section 527 or section 4947(a)(1) nonexempt charitable trust Department ofthe - Open to Public Internal Revenue Service ® The organization may have to use a copy of this return to satisfy state reporting requirements. Inspection A For the 2000 calendar year, or tax year period beginning 7 / 01 , 2000, and endina 6 / 3 0 , 2001 B Check if applicable: Please Change of address use IRS Change of name ❑ Initial return label or print or type. ❑ Finaireturn ❑ Amended return See Specific Instruc- tions. C FOUNDATION FOR THE RETARDED 73-255 COUNTRY CLUB DR. PALM DESERT, CA 92260 OF THE DSRT a Section 501(c)(3) organizations and 4947(a)(1) nonexempt charitable trusts must attach a completed Schedule A (Form 990 or 900-EZ). J Accounting method: ❑ Cash M Accrual ❑ Other fsnecifvl K Check here Ili- ❑ if the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS, but if the organization received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. D Employer identification number 95-6006700 E Telephone number (760)346-1611 F Check ®❑ if application pending Note: H and I are not applicable to section 527 orgs. H(a) Is this a group return filed for affiliates? []Yes M Nc H(b) If "Yes," enter number of affiliates Ps- H(c) Are all affiliates included? []Yes ❑ No (if "No," attach a list. See instructions) H(d) Is this a separate return filed by an organization covered by a group ruling? []Yes M No Enter 4-digit group exemption no. (GEN) to attach Schedule B (Form 990 or 990-EZ) ® ❑ Revenue. Exoenses. and Chances in Net Assets nr Fund Balances Isaa Snerifir. Instrurtinns nn nane 16_l 1 Contributions, gifts, grants, and similar amounts received: a Direct public support ................................................ 1a 1,108,906 b Indirect public support ................................................ 1b 41,363 c Government contributions (grants) ...................... . ................ 1 c d Total (add lines 1a through 1 c) (cash $ 1,150,269 noncash $ ) ........... 1,150,269 1 d 2 6,321,834 2 Program service revenue including government fees and contracts (from Part VII, line 93).................... 3 3 Membership dues and assessments............................................................. 4 Interest on savings and temporary cash investments ................ . ............................... 4 6,914 5 5 Dividends and interest from securities ........ .................................................... 6aGross rents ....................................................... 6a b Less: rental expenses ................................................. I 6b ... 6c c Net rental income or loss subtract line 6b from line 6a ........... . (loss) )................................. 7 R E V E R u E 7 Other investment income (describe 10- ) (A) Securities (B) Other 8a Gross amount from sales of assets other than inventory . , . 8a 125, 302 b Less: cost or other basis and.sales expenses 8b 9 0 00 0 p , ;.:>:.>:.:.::.; c Gain or (loss) (attach schedule)STATEMENT . 1..... a 35, 302 d Net gain or (loss) (combine line 8c, columns (A) and (B))............................................. ad 35,302 9 Special events and activities (attach schedule) SEE STATEMENT 2 a Gross revenue (not including $ 101,720 of contributions .......... reported on line 1a) .............. . ... . 9a 87,307 ........... b Less: direct expenses other than fundraising expenses ....................... 9b 96,724 c Net income or (loss) from special events (subtract line 9b from line 9a).......'........................... - 9 , 417 9c 1oa Gross sales of inventory, less returns and allowances ........................ 10a 231,122 b Less: cost of goods sold ......... c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line lob from line 10a)SEE . STM..3.. 231, 122 1oc" 11 Other revenue (from PartVll, line 103) ....... . .......... 12 Total revenue (add lines 1 d, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11)...................................... 12 7, 756, 250 E P14 E S E s 13 Program services (from line 44, column (B)) ................... . ...... ....... . ................. Management and general (from line 44,;cclumn (C)) .................:. ................... 15 Fundraisin from line 44, column D g( ( )) .. ......... - 16 Payment to affiliates (attach schedule)........................................................... 17 Total expenses add lines 16 and 44, column A 13 7, 413, 039 14 312, 02 8: 15 16 A Ess T T s..."..: 18 Excess or deficit for the year subtract: line 17 from:: line 12 (deficit) y (12) ......... ............:.....................:`..... 19 ` Net assets or fund' balances at beginning of" ear from line 73, column A ` ........ ....... .:. '' 9 9 y ( ()).......,.... 20 Other changes in net assets or fund balances (attach explanation)...........SEE . STATEMENT-4:...' 2T+ Net assets oc fund balances at -end of..ear" (combine lines 18', 19 and 20 ::. ", .:.........:::..... . , . . ... 1a 31,183 19. 3 , 753,098 20 -16 , 2 0 0 21 3 , 768 KFAFor Paperwof* Reduction Act Notice, see, ' gpe l of:the'separate instructions.. „' RPau5t,„ ,fztrad Form 990:2000) FOUNDATIONFOR. THE RETARDED OF THE DSRT 95 — 60 0 67 0 0 'Page 2 <� Statement of All organizations must complete column(A): Columns (B), (C), and (D) are required for section 5o1(c)(3) and (4) organizations and Functional EXpenses section 4947(a)(1) nonexempt charitable trusts but optional for others. (See Specific Instructions an page 20.) Do not include amounts reported on line 6b, 8b, 9b, 10b, or 16 of Part I. .......... (A) Total (B) Program services (C) Management and general (D) Fundraising 22 Grants and allocations (aft. sch.) ................ non h cas s cash s 23 Specific assistance to individuals dual (aft. 24 Benefitspaid to or for members (at. sch. ) ......... 25 Compensation of officers, directors, etc............ 26 Other salaries and wages ...................... 27 Pension plan contributions ..................... 28 Other employee benefits ...................... 29 Payroll taxes ................................ 30 Professional fundraising fees ................... 31 Accounting fees ............................. 32 Legal fees .................................. 33 Supplies ................................... 34 Telephone ................................ 35 Postage and shipping ........................ 36 Occupancy ................................. 37 Equipment rental and maintenance .............. 38 Printing and publications ...................... 39 Travel ..................................... 40 Conferences, conventions, and meetings.......... 41 Interest .................................... 42 Depreciation, depletion, etc. (attach schedule) ...... 43 Other expenses (itemize): a STATEMENT 5 b 22 24 25 26 4,163,161 3, 271,571 891,590 27 28 613, 097 436,833 176,264 29 277, 050 261,726 15,324 30 31 32 33 738,532 672,083 66,449 34 35 36 715,976 333,064 382, 912 37 38 39 336,515 96,641 239,874 40 41 193,166 4,042 189,124 42 456,276 439,523 16,753 43a 231,294 1, 897,556 -1, 6 6 6, 2 6 2 43b c 43c d 43d e 43e 44 Total functional expenses (add lines 22 thru 43)Organizations cornpleting columns (B)-(D)I carry these totals to lines 13 - 15.. 44 7,725,067 7,413,039, 312, 028, 0 Reporting of Joint Costs. Did you report in column (B) (Program services) any joint costs from a combined educational campaign and fundraising solicitation?..................................................................................... ®❑Yes ®No If 'Yes," enter (i) the aggregate amount of these joint costs $ ; (ii) the amount allocated to Program services $ ON the amount allocated to Management and general $ ; and iv the amount allocated to Fundraising $ ;art flul Statement of Program Service Accomplishments (See Specific Instructions on page 23.) What is the organization's primary exempt purpose?® SEE SUPPLEMENTAL INFO. STMT 1 All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of clients served, publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organizations and 4947 a 1 nonexempt charitable trusts must also enter the amount of rants and allocations to others.) ( )( ) P 9 Program Service Expenses (Required for 501(c)(3) and (4) orgs. and optional) trusts; but optional for others.) a SEE STATEMENT 6 (Grants and allocations $ 0) 7,413, 039 b (Grants and allocations $ ) c (Grants and allocations $ ) d (Grantsand; allocations $ ); e Other program—., services, attach schedule (Grants andallocations $ )' f Total of Program Service Expenses (should equal line 44, column(B), Program, Services) .................. i.'..:.... ® 7,413, 0239 9° Fcrm eso:(200o) FOUNDATION FOR � TAE RETARDED. OF THE DSRT 95 - 6 0 0 67 0 0Page 3" Bid 0 Balance Sheets (See Specific Instructions on page 23.) Note: Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (B) End of year S S B T S 45 Cash - non -interest -bearing ..................................................... 46 Savings and temporary cash investments ........................................... 47 a Accounts receivable .................................... 47a 1,026,453 b Less: allowance for doubtful accounts ...................... 47b 3,303 ................I..................................... ................................................................. ..........-.......................................... .......................... ....................................................... ....................................................... 48 a Pledges receivable ..................................... 48a 11,353 b Less: allowance for doubtful accounts ...................... 48b 49 Grants receivable............................................................. 5o Receivables from officers, directors, trustees, and key employees (attach sch)............... 51 a Other notes and loans receivable (attach schedule) 51a b Less: allowance for doubtful accounts ...................... I 51b I 52 Inventories for sale or use ....................................................... 53 Prepaid expenses and deferred charges ........................................... 54 Investments - securities (attach schedule) ........................> []Cost ®FMV 55 a Investments - land, buildings, and equipment: basis.............................................. 55a b Less: accumulated depreciation (attach schedule) ............. 55b 56 Investments- other (attach schedule) .............................................. 57a Land, buildings, and equipment: basis 57a 8,048,474 b Less: accumulated depreciation (attach schedule)..STM.T..7 .. 57b 1,887,265 58 Other assets (describe ® SEE STATEMENT 8 ) 59 Total assets (add lines 45 through 58) (must equal line 74) ............................. 60,244 45 42,669 179, 938 46 35,478 947,770 ...... 1,023,150 47c 66,782 .......... .......... 11,353 48c 49 50 "" "' :::::::::: 51c 20,541 52 32,707 6,150 53 29,152 50,760 54 34,558 ....... . 55c 56 6,055,310 <.:::.;.:::: 6,161,209 57c 21,394 5a 21,486 7,408,889 59 7,391,762 L I A B L I I E S 60 Accounts payable and accrued expenses ........................................... 61 Grants payable.............................................................. 62 Deferred revenue............................................................ 63 Loans from officers, directors, trustees, and key employees attach schedule 64 a Tax-exempt bond liabilities (attach schedule) ........................................ b Mortgages and other notes payable attach schedule 65 Other liabilities (describe ® ) 66 Total liabilities (add lines 60 through 65) ........................................... 550,687 60 679,850 61 62 63 64a 3,105,104 64b 2,943,831 65 3,655,791 66 3,623,681 N T s s E T s o R F u N D e � A N c E s Organizations that follow SFAS 117, check here ®® and complete lines 67 through 69 and lines 73 and 74. 67 Unrestricted.................................................................. 68 Temporarily restricted.......................................................... 69 Permanently restricted.......................................................... Organizations that do not follow SFAS 117, check here 0- El and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds ........................................ 71 Paid -in or capital surplus, or land, building, and equipment fund ......................... 72 Retained earnings, endowment, accumulated income, or other funds ..................... 73 Total net assets or fund balances (add lines 67 through 69 OR lines 70 through 72; column (A) must equal line 19 and column (B) must equal line 21)........................ 74 Total liabilities and net assetstfund balances (add lines 66 and 73) ........ , .............. 1 3,413,779 .......... 3,768, 081 67 339,319 68 69 70 71 72 3,753, 098 3,768, 081 73 7,408,889 74 7,391,762 , Forme90(20oc) FOUNDATION FOR. THE RETARDED OF THE DSRT .... .............. Reconciliation of Revenue per Audited Financial Statements with revenue per Return (See Specific Instructions, page 25.) a Total revenue, gains, and other support per audited financial statements ......... b Amounts included on line a but not on line 12, Form 990: (1) Net unrealized gains on investments ..... $ (2) Donated services and use of facilities .. $ (3) Recoveries of prior year grants ........ $ (4) Other (specify): SEE STM 9 $ 96,724 Add amounts on lines (1) through (4) ..... c Line a minus line b ................... d Amounts included on line 12, Form 990 but not on line a: (1) Investment expenses not included on line 6b, Form 990 ... $ (2) Other (specify): lal 7, 852, 974 1 95-6006700 �.. I Reconciliation of Expenses per Audited Financial Statements with Expenses per Return a Total expenses and losses per audited (4) Other (specify): Page 4 99,746 7,725,067 S $ Add amounts on lines (1) and (2) ........ > d Add amounts on lines (1) and (2) .......... > d e Total revenue per line 12, Form 990 a Total expenses per line 17, Form 990 line c plus line d) .................... > e 7, 756,250 line c plus line d) ...................... > e 7,725,067 1 :1 List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated; see Specific Instructions on oaae 25.) (A) Name and address B Title and average hours per ( ) g P week devoted to position (C) Compensation (If not paid, enter -0-.) (D) Contributions to employee benefit plans & deferred compensation (E) Expense account and other allowances SEE STATEMENT 11 0 0 0 75 Did any k officer .director, trustee, or key employee,receive a re ate com ensation of more g than $100,000 from our organ and all related organizations, of which more than $,10,000 wa provided by the related org' 6izations........... Y... ,... , ®❑ Yes ® No, If "Yes," attach. schedule - see Specific Instructions on page 26. ,zorm 990 (0000) FOUNDATION FOR THE RETARDED OF THE DSRT 9 5 - 6 0 0 6 7 0 0 Page 5 Other Information (See Specific instructions on page 26.) N/A YeS .N0 76 Did the organization engage in any activity not previously reported to the IRS? If "Yes," attach a detailed description of eachactivity .................................................... 77 Were any changes made in the organizing or governing documents but not reported to the IRS? .............................. 1 77 X If "Yes," attach a conformed copy of the changes. 78a Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return? .............NaR b If ' Yes," has it filed a tax return on Form 990-T for this year?.......................................................... 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If"Yes,"attach a statement...................................................................................80a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc., to any other exempt or nonexempt organization? ................................... b If "Yes," enter the name of the organization > N/A and check whether it is ❑ exempt OR ❑ nonexempt. P P 81 a Enter the amount of political expenditures, direct or indirect as described in the in structions for line 81 81a 0 <> b Did the organization file Form 1120-POL for this year?............................................................... 81b X 82a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value? ............... ........... 82a X .......................................................... b If "Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part Il. (See instructions uctions ............................... for reporting in Part III.) ....................... 82b N/A '' ' ` : ; . 83a Did the organization comply with the public inspection requirements for returns and exemption applications? .................... ;84a X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ........................... X 84a Did the organization solicit any contributions or gifts that were not tax deductible? ......................................... X b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible?............................................................................................ 84b::. NIA 85 501(c)(4), (5), or (6) organizations. a Were substantially all dues nondeductible by members? ............................... 85a N A b Did the organization make only in-house lobbying expenditures of $2,000 or less? ......................................... 85b N A ............................ ............................ If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members ..................................... 85c N/A '>€;> ....:....................... ............................ ............................ d Section 162(e) lobbying and political expenditures .......................................... 85d N11A e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices .......................... 85e N/A '::'':> f Taxable amount of lobbying and political expenditures (line 85d less 85e) ........................ 85f N/A:=? g Does the organization elect to pay the section 6033(e) tax on the amount in 85f?.......................................... 85g N A h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount in 85f to its reasonable estimate ......::::::: of dues allocable to nondeductible lobbying and political expenditures for the following tax year? .............................. 85h N A ............................... ............................. 86 501(c)(7) organizations. Enter: . a Initiation fees and capital contributions included p o s c uded on line 12.................................... 86a N/A :...... >: ' "` b Gross receipts, included on line 12 for public ............................ P Pub c use of club facilities .............................. 86b N/A 3>='>'[<>> ............................... .......................... ............................... 87 501(c)(12) organizations. Enter: a Gross income from member r h ............................... s o shareholders .............................................. 87a N/A ....... ........ ............................... ............................... ............................... ............................... b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them. ........................................................... :.:.::.::.:::.::.:....:..::: : ............................... ............................... ............................... ............................... ............................... 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 30.7701-3? If "Yes," complete Part IX..... 88 X 89 a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under:as section 4911® 0 ;section 4912 ® 0 section 4955 ® 0 b 501(c)(3) and 501(c)(4) organizations. Did the organization engage in any section 4958 excess benefit transaction during the year or ::.::...:.:.:.::::::::::. did it become aware of an excess benefit transaction from a prior year? If "Yes," attach a statement explaining each transaction ...... 89b 1 X c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958.............................................................................® 0 d Enter: Amount of tax in 89c, above, reimbursed by the organization ................................................® 0 90 a List the states with which a copy of this return is filed ® CALIFORNIA b Number of employees: employed in the pay period that includes March 12, 2000 (See instructions.) ................. 90b 0 91 The books are in care of ® DR R I CHARD FARMER Telephone no. ® (7 6 0) 3 4 6 -1611 Located at ® 73 - 2 5 5 COUNTRY CLUB DR, PALM DESERT, CA ZIP code > 92 2 6 0 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990'in. lieu of Form 1041 - Check here ::............ .....1q/A > El. l and enter the amount of tax-exempt interest received: or accrued during the tax year. ......... ®92 N/A . RFOUSI D 12/20/00 Form 99 - (2 10t Fai m s90 (2000 FOUNDATION FOR THE RETARDED OF THE DSRT 9 5- 6 0 0 6 7 0 0 Page 6 -06 : I.] Anaivsls of lncnmtz®PrndioCir11n AntivitiPS lRoc gmmnifin Inc#riintinne nn nano Qn \ 1 105 Total (add line 104, columns (B), (D), and (E)�........................................................ Note: Line 105 olus line 1d, Part 1. should equal the amount on line 12. Part L Enter gross amounts unless otherwise indicated. 93 Program service revenue: a WORK ACTIVITY Unrelated business income Excluded by section 512, 513, or 514 (E) Related or exempt function income (A) Business code (B) Amount (C) Exclusion code (D) Amount 6,321,834 b c d e f Medicare/Medicaid payments ................ g Fees and contracts from government agencies ... )4 Membership dues and assessments .......... . )5 Interest on savings & temporary cash investments )6 Dividends and interest from securities .......... Net rental income or (loss) ss from real t a estate: a debt -financed property ..................... b not debt -financed property .................. 18 Net rental income or (loss) from personal property 19 Other investment income .................... )0 Gain/loss from sales of assets other than inventory )1 Net income or (loss) from special events ........ )2 Gross profit or (loss) from sales of inventory .... )3 Other revenue: a BEVERAGE SALES 14 6 , 914 ::.::.......::.:::::::.:::.::::::.::.:::::::,::.::::::::::::::.:_:::.::::::.:.::::.:::::::::::.... 1 35,302 1 3,024 -12 , 441 231,122 4,367 BROOM USE DONATION 15,859 c d e 911 ` Relationship of ACtiVities to the Accomplishment of Exempt Purposes (See Specific Instructions on page 31.) Line NO. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). SEE STATEMENT 12 Evael...I.Xii nformation Regarding Taxable Subsidiaries and Disregarded Entities (See Specific Instructions on page 31.) (A) Name, address, and EIN of corporation, partnership, or disregarded entity (8) Percentage of ownership interest (C) Nature of activities (D) Total income (E) End -of -year assets q1A % % Intormatlon Kegar011ng Transfers Associated with Personal Benefit Contracts (See Specific Instructions on page 31.) (a) Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? .................................................... ❑ Yes � No ................................... (b) Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? .................. ❑ Yes No Note: If "Yes" to (b), file Form 8870 and Form 4720 (see instructions). Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my Please knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer Sign has any knowledge. (Important: See General Instruction W, on page 14.) Here Signature of officer Date Type or print name and title. Preparers' Date Check pp�� n Check if Preparer's SSN orPTIN ;Paid'. signature ...JHItl 1..5 20Q self- Preparer's - employed I► ❑'.. 5 5 4- 3 3 815 0 Use Only Firm's name (or yours LUND & GUTTRY` LLP'; CPA' S EIN ® 9 5'- 21013 2 7 1 "d P.O. BOX 250 address; and ZIP code sif elf-emploved)a RANCHO > MIRAGE'.,,CA. 92270 Phoneno.. (760`)" 568-2.242 _.RFOUSIE. 12/21100: ;;. ':,.', :Form 9. SCHEDULE A Organization Exempt Under Section 501'(c)(3) OMB No. 1545-0047 (Form 990 or 990-EZ) (Except Private Foundation) and Section 501(e), 501(f), 501(k), 501(n), or Section 4947(a)(1) Nonexempt Charitable Trust Department of the Treasury Supplementary Information — (See separate instructions.) 2000 Internal Revenue Service > Must be completed by the above organizations and attached to their Form 990 or 990-EZ. Name of the organization Employer identification number FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 Compensation of the Five Highest Laid Employees Other Than Officers, Directors, and Trustees (See page 1 of the instructions. List each one. If there are none, enter "None.") (b) Title and average hours (d) Contributions to (e) Expense (a) Name and address of each employee paid more than $50,000 per week devoted to position (c) Compensation employee benefit plans & account and other deferred compensation allowances RICHARD B. FARMER, PHD EXECUTIVE DIR. 40 118,110 0 0 DARLA BURKETT DIR OF OPNS 40 51.756 0 0 Total number of other empl oyees paid over 50000 0 ' Compensation of the Five Highest Paid Independent Contractors for Professional Services ............... . (See page 1 of the instructions. List each one (whether individuals or firms.) If there are none, enter "None.") (a) Name and address of each independent contractor paid more than $50,000 1 (b) Type of service (c) Compensation NONE edule A (Form 990 or 990-EZ) 2000 Schedule -A (Farm 990 cr 990-EZ) 2000 FOUNDATION FOR THE RETARDED OF THE D SRT 95 - 6006700 " Page 2 Statements About Activities 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum?....................................................... 1 If "Yes," enter the total expenses paid or incurred in connection with the lobbying activities. > $ N/A Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking "Yes," must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any of its trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary: a Sale, exchange, or leasing of property?.........................................................................I 2a b Lending of money or other extension of credit?................................................................... 12b c Furnishing of goods, services, or facilities? ..................... 12c ................................................. d Payment of compensation (or payment or reimbursement of expenses if more than$1,000)?................................ 12d e Transfer of any part of its income or assets?..................................................................... 2e If the answer to any question is "Yes," attach a detailed statement explaining the transactions. 3 Does the organization make grants for scholarships, fellowships, student loans, etc.? ..................................... 1 3 4a Do you have a section 403(b) annuity plan for your employees?...................................................... 4a b Attach a statement to explain how the organization determines that individuals or organizations receiving grants or loans from it in furtherance of its charitable programs qualify to receive payments. See page 2 of the instructions.) P 1 < 9 Reason for Non —Private Foundation Status (See pages 2 through 5 of the instructions.) The organization is not a private foundation because it is: (Please check only ONE applicable box.) 6 ❑ A church, convention of churches, or association of churches. Section 170(b)(1)(A)(i). 6 ❑ A school. Section 170(b)(1)(A)(ii). (Also complete Part V, page 5.) 7 ❑ A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(iii). 8 ❑ A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 ❑ A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii). Enter the hospital's name, city, and state 10 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A.) 11 a ® An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 11 b ❑ A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 ❑ An organization that normally receives: (1) more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc., functions —subject to certain exceptions, and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 ❑ An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) X X X X X X X Provide the following information about the supported organizations. (See page 5 of the instructions.) (a) Name(s) of supported organization(s) (b) Line number from above its ^�z 14' ❑ An organization organized and operated to test for public safety. Section 509(a)(4). (See page.5 of the instructions.) RFous2A 12/10/00 Schedule A`(Form 990 or990-EZ) 2000 Schedule A (Form 990 or 990-Ez)20oo FOUNDATION FOR THE RETARDED OF - THE DSRT 9 5— 6 0 0 6 7 0 0 Page 3 A� Support Schedule (Complete only if you checked a box on line 10, 11, or 12.) Use cash method of accounting. Note: You may use the worksheet in the instructions for converting from the accrual to the cash method of accountino_ Calendar year (or fiscal year beginning in)...... (a) 1999 (b) 1998 (c) 1997 (d) 1996 (e) Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line 28.)............ 1,329,775 1,S40,242 727,044 198, 999 31 796, 060 16 Membership fees received ....... 302 1, 515 1, 020 1, 5 6 5 4,402 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is not a business organization's charitable,etc`purpose 4,884, 090 3, 926,179 2,631,591 1,966, 968 13,408, 828 18 Gross income from interest, dividends, amounts received from payments on securities (section 512(a)(5)), rents, royalties, and unrelated business taxable income (less section 51 1,taxes) from businesses acquired by the organization after June 30,1975............... 3,167 20,834 21,631 65,200 110, 832 19 Net income from unrelated business activities not included in line 18 . 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge ......... 22 Other income. Attach a sch. Do not include gain or (loss) from sale of capital assets .SEE. ST..1.3.. 219,984 106,552 94,043 41,193 461,772 23 Total of lines 15through 22 ...... 6,437,318 5,595,322 3,475,329 2,273, 925 17,781, 894 24 Line23 minus line 17........... 1,553,228 1,669,143 843,738 306, 957 4,373, 066 25 Enter 1 % of line 23 ............. 64,373 55,953 34,7531 22, 739 ........................................ 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24 ......................® 26a 87,461 bAttach alist (which i not open en to public inspection)showin then me f and amount contributedd b each chParso n other than a government unit or publicly r t ub c supported organization) whose total gifts for 1996 through 1999 exceeded ( 9 P Y PP 9 ) 9 9 26b 841, 096 the amount shown in line 26a. Enter the sum of all these excess amounts......... SEE..STATEMENT .14....® c Total support for section 509(a)(1) test: Enter line 24, column(e).............................................® 26c 4,373, 066 Amounts from column Add. ou is om c u e for lines: 18 110 2 9 d es 8 3 1 22 461,772 26b 841, 096................® 26d 1,413,700 e Public support (line 26c minus line 26d total)............................................................® 26e 2,959,366 26f 6 7 . 6 7% f Public support percentage (line 26e (numerator) divided by line 26c (denominator)) ..........................® 27 Organizations described on line 12: a For amounts included in lines 15, 16, and 17 that were received from a "disqualified person,' attach a list (which is not open to public inspection) to show the name of, and total amounts received in each year from, each "disqualified person:' Enter the sum of such amounts for each year: N/A (1999) (1998) (1997) (1996) b For any amount included in line 17 that was received from a nondisqualified person, attach a list to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in lines 5 through 11, as well as individuals.) After computing the difference between the amount received and the larger amount described in (1) or (2), enter the sum of all these differences (the excess amounts) for each year: (1999) (1998) (1997) (1996) c Add: Amounts from column (e) for lines: 15 16 17. 20 21 ..........® 2' d Add: Line 27a total .. and line 27b total ......... • • • • • • • • • •® 2 e Public support (line 27c total minus line 27d total) ............. ..........® 2 f Total support for section 509(a)(2)'test: Enter amount on line 23,:column (e) ..........►' 27f g Public support percentage (line 27e (numerator) divided byline 27t'(denominator)) ...........................► 2' h Investment income percentage (line 18, column (e) (numerator) divided by line 27f (denominator))...............® rZ 2a, Unusual Grants: For an organization described in line 10,:11, or ll 'that received any unusual"grants'during 1996 through 1999, attach.,a list (which is not open to public inspection) for each year showing the name�of the' contributor, the date and amount of the grant, and a brief description of:the nature of the grant. Do not include these grants in line 15. (See page 5 of the instructions.) Schedule A(Form 990or990-Ez)2000 FOUNDATION FOR. THE RETARDED OF THE DSRT Private School Questionnaire (See page 5 of the instructions.) (To be completed ONLY by schools that checked the box on line 6 in Part IV) 95-6006700 Page 4 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body?......................................................... 30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships? ................. 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves?.................................................................... . If "Yes," please describe; if "No," please explain. (If you need more space, attach a separate statement.) 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ............................... b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis? .......... c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?......................................................................... d Copies of all material used by the organization or on its behalf to solicit contributions? ...................................... If you answered "No" to any of the above, please explain. (If you need more space, attach a separate statement.) 33 Does the organization discriminate by race in any way with respect to: a Students'rights or privileges?.................................................................................. b Admissions policies?......................................................................................... c Employment of faculty or administrative staff?..................................................................... . d Scholarships or other financial assistance?....................................................................... . e Educational policies?......................................................................................... fUse of facilities?............................................................................................ gAthletic programs?.......................................................................................... h Other extracurricular activities? ................................... .............................................. N/A No Schedule A (Form 990 or 990 2000 F3FOUS2Cl-12/11/00 �. `� schedule.A (Form sso or 890-ez)2000 FOUNDATION FOR THE RETARDED OF THE D'SRT 9 5- 6 0 0 6 7 0 0 Page 5 Lobbying Expenditures by Electing Public Charities (See page 7 of the instructions.) N/A (To be completed ONLY by an eligible organization that filed Form 5768) Check here > a ❑ if the organization belongs to. an affiliated group. Check here ® b 0 if you checked "a" above and "limited control' provisions apply. Limits on Lobbying Expenditures Affiliated) group To be completed (The term "expenditures" means amounts paid or incurred.) totals for ALL electingorganizations 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) .................... 36 37 Total lobbying expenditures to influence a legislative body (direct lobbying) ..................... 37 38 Total lobbying expenditures (add lines 36 and 37)......................................... 38 39 Other exempt purpose expenditures................................................... 39 40 Total exempt purpose expenditures (add lines 38 and 39)................................... 40 41 Lobbying nontaxable m obb a amount. Enter them - amount from th e following Y 9 e o o n table 9 m 0' - If he amount on line 4 a t Y s Thelobbying nontaxable - ob ontaxab a amount is y 9 Not over $500 000............0 20/0 of the amount on line 40................. :>:>:;.... >:::::::::>: :>:<::<::>:::<::>:»:::::>r<::><>: v to t a er 500 000 but o over O e$1,000,000 $ ... .. .... 100 000 I 1 /o f t x v $ us 5 o he excess over .. e 500 000 $ P , Over $1,000,000 but not over $1,500,000 .... $175,000 plus 10% of the excess over $1,000,000 41..... 1 to 0 Over 5 0 000 but t over 0 0 o e 17 $ 00 $ 0 000 ... 225 000 I /o f the over $ us S o a excess o e 1 s 500 000 . $ P , _ Over 17 .... 000000 X. 42 Grassroots nontaxable amount (enter 25% of line 41)...................................... 42 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 .......................... 43 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38 .......................... 44 Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 4-Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50 on page 9 of the instructions.) Lobbying Expenditures During 4-Year Averaging Period Calendar year I (a) I (b) (c) I (d) (e) (or fiscal year beginning in) ® 2000 1999 1998 1997 Total 45 Lobbying nontaxable amount.... . 46 Lobbying ceiling amount (150% of line 45(e)) ............ 47 Total lobbying expenditures..... . 4.8 Grassroots nontaxable amount ... 49 Grassroots ceiling amount (150% of line 48(e)) ............ 50 Grassroots lobbying expenditures . Lobbying Activity by Nonelecting Public Charities (For reporting only by organizations that did not complete Part VI -A) (See page 9 of the instructions.) N/A During the year, did the organization attempt to influence national, state or local legislation, including any attempt to influence public opinion on a legislative matter or referendum, through the use of: aVolunteers.............................................................. ........................ b Paid staff or management (Include compensation in expenses reported on lines c through h.) ...................... c Media advertisements...........................:................................................. d Mailings to members, legislators,. or the public ........................................ . ...................... . e Publications, or published or broadcast statements ........ ...... f Grants to other organizations for lobbying purposes ........... . .. ..... ...... .... g Direct contact with legislators, their staffs, government officials, or a legislative body .............................. h Rallies,. demonstrations, seminars, conventions, speeches, lectures, or anyothermeans ................ ,.... a...... . i Total lobbying expenditures (add lines: c through h)....................................................... Amount If 1'es to any of the above, also.attach a statement giving a detailed description of the lobbying activities.%, . �RFVUS.20..12/12100 - Schedule A (Form7990.,or';9 0- W 2000 Schedule A (Form 990 or 990-ez) 2000 FOUNDATION FOR THE RETARDED OF THE DSRT 9 5 — 6 0 0 6 7 0 0 Page 6 Ralf �l r Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See page 9 of the instructions.) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: Yes f�m (i) Cash................................................................................................ 51a(1) X (ii) Other assets.......................................................................................... a(ii) X b Other transactions: (i) Sales or exchanges of assets with a noncharitable exempt organization ............................................ b(i) X (if) Purchases of assets from a noncharitable exempt organization................................................... b(H) X (iii) Rental of facilities, equipment, or other assets................................................................ b(M) X (iv) Reimbursement arrangements............................................................................ b(iv) X (v) Loans or loan guarantees............................................................................... b(v) X (vi) Performance of services or membership or fundraising solicitations ................................................ b(vi) X c Sharing of facilities, equipment, mailing lists, other assets, or paid employees ........................................... c X d If the answer to any of the above is "Yes," complete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by the reporting organization. If the organization received less than fair market value in any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services received. (a) I (b) (c) I (d) Line no. Amount involved Name of noncharitable exempt organization Description of transfers, transactions, and sharing arrangements N/A 52a Is the organization directly or indirectly affiliated with, or related to, one or more tax—exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527?........................................................ > ❑ Yes ®Rio b If "Yes," complete the following schedule. (a) (b) (c1 Name of organization Type of organization Description of relationship N/A 646 Schedule B (Form 990 or 990-IEZ) Department of the Treasury Internal Revenue Service Schedule of Contributors Supplementary information for line 9d of Form 990 or line 1 of Form 990-EZ (see instructions) OM9 No. 1545-0047 W9 Name of organization Employer identification number FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 Organization type (check one) - Section: ® 501(0 3 ) ® (enter number); ❑ 527 or ❑ 4947(a)(1) nonexempt charitable trust A Section 501(c)(7), (8), or (10) organizations - Check this box if the organization had no charitable contributors who contributed more than $1,000 during the year. (But see General rule below.)........................................................................ > ❑ Enter here the total gifts received during the year for a religious, charitable, etc., purpose. ® $ Note: This form is generally not open to public inspection. except for section 527 organizations. KFA For Paperwork Reduction Act Notice, see page t of the Instructions for Form 990 and Form 990-EZ. Schedule B (Form 990 or 990-EZ) (2000) RF.OUS'S 12/20/00 Schedule B (Form 990 or 990-EZ) (2000) name 01 orgawavon FOUNDATION FOR THE RETARDED OF THE DSRT Pad: i Contributors Page 1 to .1 of Part 1 Employer identification number 95-6006700 (a) No. (b) Name, address and zip code (c) Aggregate contributions (d) Type of contribution 1 UNITED WAY $ 41,363 Individual Payroll ❑ Noncash ❑ (Complete Part 11 if a noncash contribution.) 73255 COUNTRY CLUB DR. PALM DESERT, CA 92260 (a) No. (b) Name, address and zip code (c) Aggregate contributions (d) Type of contribution 2 INLAND REGIONAL CENTER $ 469,468 Individual Payroll ❑ Noncash ❑ (Complete Part II if a noncash contribution.) (a) No. (b) Name, address and zip code (c) Aggregate contributions (d) Type of contribution 3 DESERT HEALTHCARE $ 31,500 Individual Payroll ❑ Noncash ❑ (Complete Part II if a noncash contribution.) 73255 COUNTRY CLUB DR. PALM DESERT, CA 92260 (a) No. (b) Name, address and zip code (c) Aggregate contributions (d) Type of contribution 4 PATRICK MCCARTHY $ 100, 000 Individual Payroll ❑ Noncash ❑ (Complete Part II if a noncash contribution.) 73255 COUNTRY CLUB DR. PALM DESERT, CA 92260 (a) No. (b) Name, address and zip code (c) Aggregate contributions (d) Type of contribution 5 BILL DANIELS $ 100, 000 Individual Payroll ❑ Noncash ❑ (Complete Part II if a noncash contribution.) 73255 COUNTRY CLUB DR. PALM DESERT, CA 92260 (a) No. (b) Name, address and zip code (c) Aggregate contributions (d) Type of contribution 6 THE NEWALL` FAMILY $ 1651, 000 Individual ❑ " Payroll ❑ r-' Noncash (Complete Part I I if a noncash contribution.) 73255 COUNTRY CLUB, DR . PALM DESERT, CA 92260 KFA " ; Schedule B (Form 990 or 990-1'Z) (2000) RFOUS5k 12/21/00 Schedule 8 (Form 990 or 990-EZ) (2000) name or organvanon FOUNDATION FOR THE RETARDED OF THE DSRT noncash Property Page 1 to T of Part II Employer identification number 95-6006700 (a) No. from Part i (b) Description of noncash property given (c) FMV (or estimate) (see instructions) (d) Date received 6 PROPERTY - LOT 478 AVENIDA DIOSA $ 165,000 8/08/00 CATHEDRAL CITY, CA 92234 (a) No. from Part i (b) Description of noncash property given (c) FMV (or estimate) (see instructions) (d) Date received (a) No. from Part i (b) Description of noncash property given (C) FMV (or estimate) (see instructions) (d) Date received $ (a) No. from Part i (b) Description of noncash property given (c) FMV (or estimate) (see instructions) (d) Date received (a) No. from Part i (b) Description of noncash property given M FMV (or estimate) (see instructions) (d) Date received (a) No. from Part i (b) Description of noncash property given (C) FMV (or estimate) (see instructions) (d) Date received Schedule B (Form 990 or 990-EZ) (2000) ' Page l to. 1 of Part III Name of organization Employer identification number FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 $� P lit < Section 501(c)(7), (8), or (10) organizations that received more than $1,000 in charitable gifts during the year_ ® Enter the total gifts that were from contributors who gave $1,000 or less during the year for a religious, charitable, etc., purpose (see instructions)...................................................... p $ (a) No. from Part (b) I Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and zip code Relationship of transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift Is held (e) Transfer of gift Transferee's name, address, and zip code Relationship of transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name, address, and zip code Relationship of transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift 1 r� Transferee's name, addr.ess, and zip code Relationship of transferor to; transferee KFA RFous9G '12/21/00 Schedule B (Form 990 or 990-B'Z) (2000); Form. 88(58 (December 2000) Oeparlment of the Treasury Application for Extension of Time to File an Exempt Organization Return I OMB No. tsas-,cos Internal Revenue Service I ® File a separate application for each return ® If you are filing for an Automatic 3-Month Extension, complete only Part I and check this box .................................:. p ® If you are filing for an Additional (not automatic) 3-Month Extension, complete only Part II (on page 2 of this form). Note: Do not complete Part 11 unless you have already been granted an automatic 3-month extension on a previously filed Form 8868. E1_ftfAutomatic 3-Month Extension of Time - Only submit original (no copies needed) Note: Form 490-T corporations requesting an automatic 6-month extension - check this box and complete Part I only ............... All other corporations (including Form 990-C filers) must use Form 7004 to request an extension of time to file income tax returns. Partnerships, REMICs and trusts must use Form 8736 to request an extension of time to file Form 1065, 1066. or 1041. Name of Exempt Organization Type or print File by the due date for filing your return See 7-6006700 ayer Identification Number FOUNDATION FOR THE RETARDED OF THE DSRT Number, Street, and Room or Suite Number. If a P.O. Box, see Instructions 73-255 COUNTRY CLUB DR. guy, I uwn or rose Urnce. ror a roreign address, see instructions. instructions. PALM DESERT, CA 92260 Check type of return to be filed (file a separate application for each return): Form 990 Form 990-T (corporation) Form 4720 Form 990-SL Form 990-T (Section 401(a) or 408(a) trust) Form 5227 Form 990-EZ Form 990-T (trust other than above) Form 6069 Form 990-PF Form 1041-A Form 8870 State ZIP Code ® If the organization does not have an office or place'of business in the United States, check this box ................................. ®� ® If this is for a group return, enter the organization's four digit Group Exemption Number (GEN) . If this is for the whole group, check this box .. ® ® . If it is for part of the group, check this box ... > 11 and attach a list with the names and EINs of all members the extension will cover. - 1 I request an automatic 3-month (6-month, for 990-T corporation) extension of time until 2 / 15 20 02, to file the exempt organization return for the organization named above. The extension is for the organization's return for: ® calendar year 20 or ® HX tax year beginning 7 / 01 20 0 0 , and ending 6 / 3 0 20 01. 2 If this tax year is for less than 12 months, check reason: Initial return 0 Final return Change in accounting period 3a If this application is for Form 990-BL, 990-PF, 990-T, 4720, or 6069, enter the tentative tax, less any nonrefundable credits. See instructions.............................................................. $ 0 b If this application is for Form 990-PF or 990-T, enter any refundable credits and estimated tax payments made. Include any prior year overpayment allowed as a credit .................................................. $ 0 c Balance Due. Subtract line 3b from line 3a. Include your payment with this form, or, if required, deposit with FTD coupon or, if required, by using EFTPS (Electronic Federal Tax Payment System). See instructions $ 0 Signature and Verification Under penalties of perjury, I declare that I have examined this r 111m, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete, d at I am author¢etl t r are in. M. ZJ V Signature ® Title ® Date C, 'y KFA For Paperwork Reduction Act Notice, see instructions. Form 8868 (12-2000) 117 2000 CLIENT 4120 FEDERAL STATEMENTS FOUNDATION FOR THE RETARDED OF THE DSRT STATEMENT 9 FORM 990, PART I, LINE 8 NET GAIN (LOSS) FROM NONINVENTORY SALES OTHER ASSETS: DESCRIPTION: VACANT LAND - LA QUINTA, CA DATE ACQUIRED: 7/01/96 HOW ACQUIRED: DONATED DATE SOLD: 3/22/01 TO WHOM SOLD: GROSS SALES PRICE: 125,302 COST OR OTHER BASIS: 90,000 EXPENSES OF SALE: 0 DEPRECIATION: 0 GAIN (LOSS) GAIN (LOSS) FROM OTHER ASSETS TOTAL GAIN (LOSS) STATEMENT 2 FORM 990, PART I, LINE 9 NET INCOME (LOSS) FROM SPECIAL EVENTS SPECIAL EVENTS: A) GALA B) VARIOUS C) WINE & FOOD TASTING OTHER: $ 35,302 35,302 $ 35,302 RAGE 1 95-6006700 SPECIAL EVENTS A B C OTHER TOTAL GROSS RECEIPTS $ 144,615 27,599 16,813 0 189,027 LESS: CONTRIBUTIONS 97,375 0 4,345 0 101,720 GROSS REVENUE 47,240 27,599 12,468 0 87,307 LESS: DIRECT EXPENSES 49,899 40,040 6,785 0 96,724 NET INCOME (LOSS) $ -2,659-12,441 5,683 0 -9,417 2000 FEDERAL, STATEMENTS PAGE' 2 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 3 FORM 990, PART I, LINE 10 GROSS PROFIT (LOSS) FROM SALES OF INVENTORY ITEMS SOLD AMOUNT THRIFT STORE SALES ......................................... $ 231,122 GROSS SALES $ 231,122 LESS RETURNS & ALLOWANCES $ 0 NET SALES $ 231,122 LESS: COST OF GOODS SOLD $ 0 GROSS PROFIT FROM SALES OF INVENTORY $ 231,122 STATEMENT 4 FORM 990, PART I, LINE 20 OTHER CHANGES IN NET ASSETS OR FUND BALANCES PRIOR YEAR UNREALIZED LOSS ................................. $-16,200 TOTAL $-16,200 STATEMENT 5 FORM 990, PART II, LINE 43 OTHER EXPENSES (A) (B) (C) (D) PROGRAM MANAGEMENT OTHER EXPENSES TOTAL SERVICES & GENERAL FUNDRAISING ADVERTISING & PROMOTION $ 33,404 7,892 25,512 BANK FEES 25,826 25,826 DUES AND SUBSCRIPTIONS 23,166 1,693 21,473 MISCELLANEOUS 13,564 2,734 10,830 OVERHEAD ALLOCATION 0 1,871,386-1871386 PROFESSIONAL FEES 121,088 8,460 112,628 STAFF DEVELOPMENT 14,246 5,391 8,855 TOTAL $ 231,294 1,897,556-1,666,262 0 STATEMENT 6 FORM 990, PART III, LINE A STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS I 2000 FEDERAL, STATEMENTS PAGE: 3 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 6 (CONTINUED) FORM 990, PART III, LINE A STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS DESCRIPTION AND HOME. WORK ACTIVITY & SUPPORTING EMPLOYMENT FOR THE HANDICAPPED - PROVIDES EFFECTIVE WORK TRAINING PROGRAMS, JOB PLACEMENT WHERE POSSIBLE, EDUCATIONAL & SUPPORT SERVICES IN A VARIETY OFSETTINGS. ALL PARTICIPANTS ARE PAID FOR THEIR WORK ACTIVITY. THRIFT STORES - THE STORES PROVIDE A REAL -WORLD WORK ENVIRONMENT FOR THE HANDICAPPED. RESIDENTIAL --PROVIDES A REAL WORLD LIVING ENVIRONMENT FOR THE HANDICAPPED. SOCIAL AND RECREATIONAL ACTIVITIES FOR THE HANDICAPPED - TO ENHANCE AND IMPROVE THE LIFESTYLES OF THE HANDICAPPED STATEMENT 7 FORM 990, PART IV, LINE 57 LAND, BUILDINGS, AND EQUIPMENT GRANTS AND ALLOCATIONS PROGRAM SERVICE EXPENSES $ 0 1,153,893 0 4,054,142 0 537,376 0 1,182,886 0 484,742 $ 0 7,413,039 ACCUM. BOOK ASSET BASIS DEPREC. VALUE AUTOMOBILES / TRANSPORTATION EQUIP. $ 1,191,362 415,738 775,624 FURNITURE AND FIXTURES 148,513 69,339 79,174 MACHINERY AND EQUIPMENT 1,857,580 496,154 1,361,426 BUILDINGS 4,546,224 825,214 3,721,010 IMPROVEMENTS 214,182 80,820 133,362 LAND 90,613 90,613 TOTAL $ 8,048,474 1,887,265 6,161,209 STATEMENT 8 FORM 990, PART IV, LINE 58' OTHER ASSETS STATEMENT 9 FORM 990, PART IV -A, LINE B(4) OTHER AMOUNTS FUNDRAISING EXPENSES LINE 9B ............................... $ 96,724 TOTAL $ 96,724 STATEMENT 10 FORM 990, PART IV-S, LINE S(4) OTHER AMOUNTS FUNDRAISING EXPENSE LINE 9B................................ $ 96,724 UNREALIZED LOSS ON INVESTMENTS ............................. 3,022 TOTAL $ 99,746 STATEMENT 11 FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND KEY EMPLOYEES NAME AND ADDRESS ELTON KILFOYL 73-255 COUNTRY CLUB DR. PALM DESERT, CA 92260 JUDY DOKTOR, PHD 73-255 COUNTRY CLUB DR. PALM DESERT, CA 92260 HERB KEEFE 73-255 COUNTRY CLUB DR. PALM DESERT, CA 92260 SCOTT DEVOE 73-255 COUNTRY CLUB DR. PALM DESERT, CA 92260 DAWN SUGGS 73-255 COUNTRY CLUB DR. PALM DESERT, CA 92260 NOEL LAURSEN 73-255=COUNTRY CLUB DR. PALM DESERT, CA 92260 RICK,STROM_ 73-255 COUNTRY CLUB DR. PALM DESERT, CA 92260 TITLE & AVG. HRS/WK DEVOTED VICE PRESIDENT $ NONE MEMBER NONE VICE PRESIDENT NONE MEMBER NONE SECRETARY NONE TREASURER NONE EMPLOYEE EXPENSE BEN. PLN ACCOUNT/ COMP. CONTRIB. OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2000 CLIENT 4120 STATEMENT 11 (CONTINUED) FORM 990, PART V LIST OF OFFICERS, DIRECTORS, TRUSTEES, AND ICES( EMPLOYEES PAGE 5 95-6006700 EMPLOYEE EXPENSE TITLE & AVG. BEN. PLN ACCOUNT/ NAME AND ADDRESS HRS/WK DEVOTED COMP. CONTRIB. OTHER PATRICK M. MCCARTHY PRESIDENT $ 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 IRWIN RUBINSKY MEMBER 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 FRED TRETTA MEMBER 0 0 0 73-255 COUNTRY CLUB DRI NONE PALM DESERT, CA 92260 RHODA CASTO MEMBER 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 ROBERT EASTMAN MEMBER 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 CANDY OBERSTEIN MEMBER 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 MARK FETTER MEMBER 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 DAVID LONG PH.D. MEMBER 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 ED ALDERSON MEMBER 0 0 0 73-255 COUNTRY CLUB DR NONE PALM DESERT, CA 92260 TOTAL $ 0 0 0 2000 FEDERAL STATEMENTS PAGE 6 CLIENT 4120 FOUNDATION FOR THE RETARDED OF THE DSRT 95-6006700 STATEMENT 12 (CONTINUED) FORM 990, FART VIII RELATIONSHIP OF ACTIVITIES TO THE ACCOMPLISHMENT OF EXEMPT PURPOSES LINE # EXPLANATION OF A("TTVTTTFF 100 PURPOSE OF THIS ORGANIZATION WHICH IS TO RAISE FUNDS TO 101 PROVIDE DAYTIME ACTIVITIES, TRAINING, AND JOB PREPARATION 102 & FOR MENTALLY CHALLENGED INDIVIDUALS. 103 STATEMENT 13 SCHEDULE A, PART IV -A, LINE 22 OTHER INCOME DESCRIPTION (A) 1999 (B) 1998 (C) 1997 (D) 1996 (E) TOTAL MISCELLANEOUS $ 8,100 $ 5,851 $ 3,913 $ 13,927 $ 31,791 UNREALIZED GAIN ON APPRECIATION 0 0 0 0 0 ROOM USE DONATION 19,976 17,153 16,069 14,843 68,041 BEVERAGE SALES 25,674 15,221 14,077 12,423 67,395 FUNDRAISING 166,234 55,561 59,984 0 281,779 GAIN ON APPRECIATION OF SECURITIES 0 12,766 0 0 12,766 TOTAL $ 219,984 $ 106,552 $ 94,043 $ 41,193 $ 461,772 STATEMENT 14 SCHEDULE A, PART IV -A, LINE 26B EXCESS CONTRIBUTORS CONTRIBUTOR BERGER FOUNDATION $ DEL WEBB FOUNDATION JOHN CURCI TRUST MICHAEL MCCARTHY FND PATRICK MC CARTHY SHAKLEE TRUST 1999 1998 1997 1996 TOTAL 136,000 $ 0 $ 101,000 $ 0 $ 237,000 7,920 200,000 0 0 207,920 50,000 50,000 0 0 100,000 10,000 245,000 0 0 255,000 105,000 0 0 0 105,000 116,442 344,500 0 0 460,942 TOTAL $ 1,365,862 LINE 26A X 6-524,766 EXCESS CONTRIBUTIONS_$ 841,096 Internal Revenue Service Date: July 11, 2002 Foundation for Retarded Children of the Desert 73 255 Country Club Drive Palm Desert, CA 92260 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Richard E. Owens 31-00913 Customer Service Representative Toll Free Telephone Number: 8:00 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 95-6006700 This letter is in response to your request for a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in January 1971, granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. 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N I00 Oo N J W N A^ N O ' N O� 01 � O� 00 J JV O N T A --' "I N N N 'O 01 '10 W W —• O1 J O� Q� 01 W 0o N.-.A J J ISO J �L` W (A O v� ^ -• A �O C� �D N cn cn Gam] N 00 O v 00 '1 J W A W N cn — NN N in J G0 00 C Cn A 10 C N O N N N ' � ' � �• —. w O W W O, Ql N N O 01 00 .-• N : W '. W J 0o W -- A4 DD 00 Q\ go W DD N 00 9, Owo O v iV O ..N. GO N W W W 01 00 GD 00 In A 00 00 N W W A 00 m u62 --i z z z 73 75 d O = — to C17 O � _ - 00 1.00 oo Ol OI,,O W O O Cl W C, — n U' v O '', O T � O 'SJ [v W W W O N ^Ly O O O O J N S G W � S 0. 10\ 'J 'W 'W O A.A W O N = W i1 v�i � ' y 0o 00 vNi vNi 0 pW OW N o CA 00 .-. I� 'cNn N �IN 001 O O ISO � � N N A 'O 'O W ry W N W IW O O O O W O W O O C � N N 00 —' W A A A O 10 O C 01 U I U I -- CD I In p p cn O Q, CT �O FOUNDATION FOR THE RETARDED OF THE DESERT, INC. PALM DESERT, CALIFORNIA INDEPENDENT AUDITORS' REPORT AND FINANCIAL STATEMENTS JUNE 30, 2002 �6 1II LUND &- GUTTRY LLP /CERTIFIED PUBLIC ACCOUNTANTS 39700 BOB HOPE DRIVE • SUITE 309 • P.O. BOX 250 • RANCHO MIRAGE, CA 92270-0250 Telephone (760) 568-2242 • Fax (760) 346-8891 E-Mail: cpas@lundandguttry.com • www.lundandguttry.com INDEPENDENT AUDITORS' REPORT Board of Directors Foundation for the Retarded of the Desert, Inc. Palm Desert, California We have audited the statements of financial position of Foundation for the Retarded of the Desert, Inc. as of June 30, 2002 and 2001, the related statements of activities and functional expenses for the year ended June 30, 2002 and cash flows for the years ended June 30, 2002 and 2001. These financial statements are the responsibility of the Foundation's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Foundation for the Retarded of the Desert, Inc. as of June 30, 2002 and 2001, the changes in its net assets for the year ended June 30, 2002 and changes in its cash flows for the years ended June 30, 2002 and 2001 in conformity with generally accepted accounting principles. As discussed in Note 11 to the financial statements, the Foundation had significant cash flow deficiencies throughout the year. September 11, 2002 Be FOUNDATION FOR THE RETARDED OF THE DESERT INC. STATEMENTS OF FINANCIAL POSITION JUNE 30, 2002 AND 2001 ASSETS 2002 2001 CURRENT ASSETS: Cash $ 85,212 $ 78,147 Investments - 31,536 Accounts receivable, net allowance for doubtful accounts of $3,303 in 2002 and 2001 914,308 1,023,150 Pledges and notes receivable — current portion 5,272 11,353 Inventories 20,052 32,707 Prepaid expenses 71,085 29,152 Total current assets 1095,929 1,206,045 PROPERTY AND EQUIPMENT 5,953,276 6,161,209 OTHER ASSETS Deposits 49,384 21,486 Pledges and notes receivable 43,720 11,353 Less current portion 5 272) (11,353) Pledges and notes receivable — long term portion 38,448 - TOTAL ASSETS 7 137 037 $7,388740 114 "6f (The accompanying notes are an integral part of these financial statements) -2- FOUNDATION FOR THE RETARDED OF THE DESERT, INC. STATEMENTS OF FINANCIAL POSITION JUNE 30, 2002 AND 2001 LIABILITIES AND NET ASSETS LIABILITIES CURRENT LIABILITIES 2002 2001 Accounts payable $ 282,693 $ 330,890 Line of credit 440,675 390,675 Accrued salaries 216,830 161,467 Accrued vacation and sick leave 127,369 127,369 Other accrued expenses 14,696 60,124 Current portion of long term debt 84,884 81,906 Total current liabilities 1,167,147 1,152,431 LONG TERM DEBT Notes payable 2,399,707 2,437,701 Capital leases payable 73,790 115,455 2,473,497 2,553,156 (Less) current portion of long term debt (84,884) (81,906) 2,388,613 2,471,250 TOTAL LIABILITIES 3,555,760 3,623,681 NET ASSETS Unrestricted net assets 3,581,277 3,765,059 Total net assets 3,581,277 3,765,059 TOTAL LIABILITIES AND NET ASSETS J7.LL7 037 7 388 740 r A , (The accompanying notes are an integral part of these financial statements) r -3- FOUNDATION FOR THE RETARDED OF THE DESERT, INC. STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2002 WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30, 2001 PUBLIC SUPPORT, REVENUE & RECLASSIFICATIONS: PUBLIC SUPPORT: Grants Contributions United Way Memberships Total public support REVENUE: Program service fees Sales Thrift store sales Interest Fundraising Miscellaneous Gain disposition of assets Total revenue RECLASSIFICATIONS: Net assets released from restrictions Total public support, revenue and reclassifications EXPENDITURES: Functional Expenses: Program expenses General and administrative Total expenditures INCREASE (DECREASE) IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR Totals (Memorandum Only) Temporarily Unrestricted Restricted 2002 2001 $ 25,000 $ 294,438 $ 319,438 $ 534,048 274,760 1,749 276,509 442,639 44,959 - 44,959 41,363 14,420 - 14,420 30,499 359,139 296,187 655,326 1,048,549 5,810,780 - 5,810,780 4,807,137 1,160,044 - 1,160,044 1,519,064 219,374 - 219,374 231,122 3,410 - 3,410 6,914 29,741 - 29,741 189,027 18,240 - 18,240 15,859 9,465 - 9,465 35,302 7,610,193 296,187 7,906,380 7,852,974 296,187 (296,187) - 7,906,380 - 7,906,380 7,852,974 7,470,797 - 7,470,797 7,413,039 619,365 - 619,365 411,774 8,090,162 - 8,090,162 7,824,813 (183,782) - (183,782) 28,161 3,765,059 - 3,765,059 3,736,898 53,581 277 S J3.5 81 277 3 765 059 (The accompanying notes are an integral part of these financial statements) -4- FOUNDATION FOR THE RETARDED OF THE DESERT, INC. STATEMENT OF FUNCTIONAL EXPENDITURES FOR THE YEAR ENDED JUNE 30, 2002 WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30, 2001 Salaries, payroll taxes and benefits Advertising and promotion Bad debt expense Bank fees Cost of sales, supplies and office expense and computer activities Dues and subscriptions Fundraising Insurance Interest Miscellaneous Occupancy, repairs & maintenance, noncapitalized furniture & equipment Postage Professional fees Staff development Transportation Unrealized loss General & administrative allocation Total expenditures before depreciation Depreciation TOTAL Program Services Adult Work Thrift Respite Social Development Activity Shops Residential Recreation $ 907,774 $1,850,273 $ 220,927 $ 417,695 $ 1,075,045 134 3,470 1,436 - 176 - 399 - - - 38,629 386,015 6,822 31,666 8,494 - 176 139 - 100 - 54 - - 55 - - - 433 - 114 7,699 - - - - 68 - - - 89,328 342,015 68,106 111,621 24,279 38 15,621 - 40 35 18,739 3,441 - 5,340 98 97 1,258 - 399 709 7,231 27,667 2,234 7,812 113,025 89,586 346,671 8,592 24,702 35,191 1,151,670 2,984,827 308,256 599,708 1,257,207 65,060 276,386 4,503 17,082 20,117 1 216 730J320.213 L312 759 J12L7,324 (The accompanying notes are an integral part of these financial statements) -5- .1 '1 7 LJ 7 Supporting Services Totals Total (Memorandum Only) Transportation Programs Administrative 2002 2001 $ 342,309 $4,814,023 $ 778,016 $5,592,039 $5,053,308 - 5,216 14,595 19,811 33,413 - 399 21,106 21,505 3,824 - - 31,401 31,401 25,826 329 471,955 31,263 503,218 711,195 59 474 14,274 14,748 23,166 - 109 13,129 13,238 96,724 55,150 55,583 42,075 97,658 145,333 - 7,813 173,712 181,525 193,166 - 68 7,143 7,211 13,248 3,559 638,908 19,015 657,923 569,955 (3) 15,731 6,840 22,571 24,517 27,618 61,317 88,935 121,088 192 2,655 4,914 7,569 14,237 214,106 372,075 2,723 374,798 336,515 - - 353 353 3,022 97,713 602,455 (602,511) (56) - 713,414 7,015,082 619,365 7,634,447 7,368,537 72,567 455,715 - 455,715 456,276 785 981 7 470 797 619 365 8 090 162 7 824 813 FOUNDATION FOR THE RETARDED OF THE DESERT, INC. STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 2002 AND 2001 2002 2001 CASH FLOWS FROM OPERATING ACTIVITIES: Increase (decrease) in net assets $ (183,782) $ 28,161 Adjustments to reconcile increase in net assets to net cash provided (used) by operations: Depreciation 455,715 456,276 Gain on sale of fixed assets & property (9,465) (35,302) Realized loss on investments 353 3,024 Noncash donations (273,477) - (Increase) decrease in accounts receivable 108,842 (75,380) (Increase) decrease in inventories 12,655 (12,166) (Increase) decrease in pledge receivables (32,367) 55,429 (Increase) decrease in prepaid expenses (41,933) (23,002) (Increase) decrease in deposits (27,898) (92) Increase (decrease) in accounts payable (48,197) 87,757 Increase in accrued liabilities 9,935 41,406 Net cash provided (used) by operations (29,619) 526,111 CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of property and equipment (14,840) (630,212) Proceeds from disposals of fixed assets property 50,000 125,302 Proceeds from disposals of investments 31,183 - Net cash used by investing activities 66,343 (504,910) CASH FLOWS FROM FINANCING ACTIVITIES: Net proceeds (payments) for line of credit 50,000 (108,928) Repayments on long-term debt and capital loans (79,659) (74,308) Net cash provided by financing activities (29,659) (183,236) NET INCREASE (DECREASE) IN CASH 7,065 (162,035) CASH AND INVESTMENTS BEGINNING OF YEAR 78,147 240,182 CASH AND INVESTMENTS END OF YEAR 85 212 78 147 Cash paid during 2002 for interest amounted to $182,938. Cash paid during 2001 for interest amounted to $193,166. Capital lease obligations of $21,964 were incurred in 2001 for the purchase of office equipment. (The accompanying notes are an integral part of these financial statements) V -6- FOUNDATION FOR THE RETARDED OF THE DESERT, INC. NOTES TO FINANCIAL STATEMENTS 1. NATURE OF ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES Organization The Foundation for the Retarded of the Desert, Inc. (Foundation) is organized as a non-profit corporation under the laws of the State of California. The Foundation began operations in August 1959. The Foundation provides a variety of services including Social Recreation Adult day activities, Residential and Respite services, Supportive Employment, Job training and Job placement for the developmentally disabled individuals. The Foundation's main facility is located in Palm Desert, California, with retail thrift stores located in Indio and Palm Springs. The Foundation is accredited by the Commission for Accreditation of Rehabilitation Facilities (CARF). Basis of Accounting The Foundation maintains its accounting records and prepares its financial statements using the accrual basis of accounting. Revenues The Foundation receives grants from the State of California for various programs benefiting the Handicapped as follows: 1. Department of Rehabilitations, Sacramento, California a. Habilitation Services Section: Funding for the Work Activity base program. b. Title VI-C: Funding for the Supported Employment Program. 2. Department of Developmental Services, Sacramento, California, (funding through the Inland Regional Center in Colton, California): a. Funding for the Activity Center Program. b. Funding for the Adult Development Program. Additional revenue is derived from: 1. Contracts with private industry providing employment for the Foundation's handicapped clients. 2. The operation of two thrift stores. The United Way of the Desert has selected the Foundation to receive an annual allocation of its funds. Contributions are also received directly from private donors, corporations and various 1 organizations. -7- - 7 3 FOUNDATION FOR THE RETARDED OF THE DESERT, INC. NOTES TO FINANCIAL STATEMENTS 1. NATURE OF ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES — (continued) Expenses Expenses are segregated according to the programs and the client population served by each program. Expenses directly related to the programs are presented in corresponding classifications and combined with allocations of certain common costs of the Foundation. The Foundation has implemented a change in the formulas for calculating the administrative overhead allocation figures to the program expenses. A three factor formula is now used based on square footage, salaries and revenue. Non -cash Contributions Contributions of non -cash items to be used by the Foundation are valued at their estimated fair market value as of the date received. As stated under "inventories", items donated for sale at the thrift stores are not assigned a value. Property and Equipment Property and equipment are stated on the basis of cost. All donated assets are recorded at fair market values. Items with a cost over $1,500 and donated items with an estimated market value over $1,500 are capitalized. Depreciation expense is calculated over the estimated useful life of the assets using the straight-line method as follows: Buildings and improvements 5 - 39 years Furniture and equipment 3 - 15 years Vehicles 10 years Inventories Inventory is stated at the lower of cost or market, using the first -in, first -out method. Thrift store inventories are carried at a nominal value of $1.00 per store since the value of used goods is not readily determinable. Tax-exempt Status The Foundation is exempt from federal income taxes under Internal Revenue Code Section 501(c)(3), and from California franchise taxes under California corporations code section 23701 (d). Consequently, no provision for income taxes is included in these financial statements. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Cash and Cash Equivalents For the purposes of the statements of cash flows, cash consists of cash and money market funds on deposit in financial institutions with an original maturity of six months or less. �1 Investments consist of publicly traded shares of common stock which are valued at fair market value. 674 -8- FOUNDATION FOR THE RETARDED OF THE DESERT, INC. NOTES TO FINANCIAL STATEMENTS 1. NATURE OF ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES — (continued) Cash and Cash Equivalents - continued The Foundation maintains its cash in deposit accounts which, at times, may exceed federally insured limits. The Foundation has not experienced any significant losses in such accounts. Management of the Foundation believes it is not exposed to any significant credit risk on their cash. Reclassifications Certain reclassifications have been made to the 2001 comparative totals to conform with the 2002 financial statement presentations. 2. PROPERTY AND EQUIPMENT Property and equipment consists of the following at June 30, 2002 and 2001: Buildings and improvements Land improvements Leasehold improvements Furniture and fixtures Office equipment Tools and equipment Vehicles Less accumulated depreciation Artwork Land Property and equipment, net 2002 2001 $4,708,748 $4,546,224 113,574 113,574 100,608 100,608 149,386 148,513 450,078 450,078 1,405,002 1,407,502 1,212,592 1,191,361 8,139,988 7,957,860 2 3� , 26,345) 1 887 264) 5,813,643 6,070,596 49,020 90,613 5 953 276 90,613 6 161 209 3. PLEDGES RECEIVABLE The Foundation had $43,720 and $11,353 in pledges receivable at June 30, 2002 and 2001, respectively. Future collections of pledges receivable are as follows: Year ending June 30, 2003 $ 5,272 2004 6,408 2005 8,544 2006 10,680 2007 12,816 Total $43,720 4. LINE OF CREDIT The Foundation has a $550,000 line of credit with a bank. The interest rates vary at prime rate plus 1%. The outstanding principal as of June 30, 2002 and 2001 was $440,675 and $390,675. The Foundation's assets have been pledged as collateral to the bank for the line of credit. v 7 5 -9- FOUNDATION FOR THE RETARDED OF THE DESERT, INC. NOTES TO FINANCIAL STATEMENTS 5. NOTES PAYABLE The Foundation had a note payable of $2.5 million to a local Foundation at June 30, 1999. The loan proceeds were used for constructing the new building during 1999. The outstanding balance of $2.5 million was reduced to $700,000 in July 1999 with the principal payment of $1.8 million from the new loan with the United States Department of Agriculture (see below). The terms of the $700,000 loan are monthly payments of $5,427 including interest at 7.0% maturing September 2020. The outstanding principal balance at June 30, 2002 and 2001 was $647,991 and $664,827, respectively. The Foundation's assets have been pledged as collateral for the loan from the local Foundation. The Foundation obtained a $1.8 million loan from the United States Department of Agriculture (USDA) in July 1999 which was used to reduce the outstanding principal of the $2.5 million loan above. The terms of the $1.8 million loan are monthly payments of $8,388 including interest at 4.75% maturing July 2039. The outstanding principal balance at June 30, 2002 and 2001 was $1,751,716 and $1,768,874, respectively. The Foundation's assets have been pledged as collateral for the loan from the United States Department of Agriculture. The Foundation had a $12,000 note for the purchase of Busy Bee Ceramics. The balance was payable in monthly installments of $500. The outstanding principal balance at June 30, 2001 was $4,000. The note was paid in full during June 30, 2002. Future maturities on the notes payable at June 30, 2002 are as follows: June 30, 2003 $ 38,200 2004 40,539 2005 43,026 2006 45,673 2007 & thereafter 2,232,269 2 399 707 6. CAPITAL LEASES The Foundation leases various office equipment under capital leases expiring in various years. Office and telephone equipment held under capital leases are included in property and equipment with a cost of $184,550 and $187,460 and accumulated depreciation of $80,197 and $54,667 at June 30, 2002 and 2001, respectively. Future maturities on the capital leases at June 30, 2002 are as follows: June 30, 2003 $ 46,684 2004 25,305 2005 1,801 73 790 7. RETIREMENT PLAN The Foundation has a 403(B)(7) salary deferral plan. This plan is available to all full time 1 .; employees. The Foundation pays for all administrative expense of the plan but does not provide a match on employee contributions. y��+ -10- FOUNDATION FOR THE RETARDED OF THE DESERT,_ INC. NOTES TO FINANCIAL STATEMENTS 8. LEASE COMMITMENTS The Foundation has eight operating leases with terms in excess of one year. The leases consist of five residential leases for the Monroe House, the Happy Sunshine Home and the Desert Valley Home, Canyon Springs, and the Avenida Velasco House. The other leases consist of commercial buildings including the High Desert commercial building, the Indio Distribution Center, Angel View, and a combined lease for Busy Bee Ceramics and Koala -Tee. Future minimum lease payments on these operating leases at June 30, 2002 are as follows: June 30 2003 $ 132,082 2004 55,507 2005 45,874 2006 34,810 2007 33,704 301 977 9. NET ASSETS In conformity with statement of financial accounting standards (SFAS) No. 117, "financial statements of not -for -profit organizations", the Foundation reports information regarding its financial position and activities according to three classes of net assets; unrestricted net assets, temporarily restricted net assets and permanently restricted net assets. The Foundation did not have any permanently or temporarily restricted net assets at June 30, 2002 and 2001. Temporarily restricted net assets are reclassified to unrestricted net assets when the funds have satisfied the related restriction by either (1) the purchase of the related asset or expenditure or (2) expiration of any related time restriction. 10. RELATED PARTY TRANSACTIONS The Executive Director loaned the Foundation the use of his personal credit card to pay for operating expenses of the Foundation due to limited cash flow availability. The outstanding balance is included in accounts payable as the Foundation makes the monthly payments directly to the credit card company. The balance payable to the credit card company as of June 30, 2002 was $24,882. During the year ended June 30, 2002, a Board Member of the Foundation was paid $13,913 for consulting services provided to the behavior modification group. 11. CASH FLOW DEFICIENCIES The Foundation had significant cash flow deficiencies throughout the year. The cash flow deficiencies did not allow the Foundation to pay vendors in a timely manner. Although the debt payments and salaries have been made timely, the Foundation will need to pursue options to improve the cash flows for operating obligations of the Foundation in the future. ,7 -11- Desert Cancer Foundation ATTACHMENT 3 45-480 Portola Avenue v Palm Desert, California 92260 Phone:760-773-6554 Fax:760-773-6532 E-mail: dcfpd@earthlink.net Website: www.desertcancerfoundation.com December 3, 2002 Founder ^c Dear Friend: r On February 28, 2003, the Desert Cancer Foundation will hold its 5"' Annual "Gift of Life" Celebration. Please save the date and join us at The Hyatt Grand Champions to Officers celebrate the life and work of Dr. Sebastian George, a man who was a symbol of strength and hope for so many people in the Coachella Valley diagnosed with cancer. The Desert Cancer Foundation was one of Dr. George's many dreams. In 1992, with the help of Art and Cory Teichner and Dr. Atilio Giangreco, the DCF was formed to aid - Y Coachella Valley residents who are diagnosed with cancer. Our goal over the past ten years has been to help cancer patients who would otherwise be forced to leave the Coachella Valley due to lack of funds for cancer treatment. Each year, we have helped an increasing number of people diagnosed with cancer. This work is achieved through the efforts of one part-time staff member, a volunteer patient Board Members assistance committee, a volunteer board, and the generous support of the residents and business owners of the Coachella Valley. Our greatest support comes from local healthcare providers, who have agreed to discount their services to our patients. In 2002 alone, through these discounted rates, we have been able to fund care of over $3 million. None of this would have been possible without Dr. George. We are asking your help in continuing to fulfill Dr. George's dream by creating a tribute :_a i book to celebrate his life. This is an opportunity to share your words about a man who m, touched the lives of so many. This is also a fundraiser for the Desert Cancer Foundation, as we are asking for a donation based upon page size. Some words will make us laugh and others will make us cry, but all will tell the tale of a man who gave selflessly to others. We will always remember Dr. George as a very Honorary Board bright light in times when we needed hope and whose flying coattails always reminded us that we still could do more. His energy and compassion were amazing. Please share your tributes as well as join us on February 28°i to celebrate the life of a man we so greatly loved and admired. Sincerely, "deceased MARIA S. KINER MICHAEL KINER fy Desert Cancer Foundati Event Schedule Advertising Please attach your camera ready artwork or print ready information in the area provided within the margins. DEADLINE FOR SUBMITTAL: JANUARY 15, 2003 MAKE ALL TAX DEDUCTIBLE CHECKS PAYABLE TO: Desert Cancer Foundation 45-480 Portola Avenue, Palm Desert, California 92260 it 9 Tax id: 33-0648823 H GF OF 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CC: THOMAS P. GENOVESE, CITY MANAGER FROM: DODIE HORVITZ, COMMUNITY SERVICES DIRECT DATE: FEBRUARY 3, 2003 SUBJECT: ADDITIONAL COMMUNITY SERVICES GRANT REQUEST The following Community Services Grant request from the La Quinta High School Career Center, provided as Attachment 1, was inadvertently left out of the "Consideration of Community Services Grant Requests" report for the February 4, 2003 City Council meeting. The La Quinta High School Career Center is requesting up to $2,000 for sponsorship of the Career Day being held on March 7, 2003. The event is designed to provide booth space for employers offering jobs for high school students. The City of La Quinta's Community Services Department will participate in the event, recruiting for Recreation Aides and Recreation Leaders for various City programs. With the addition of the La Quinta High School Career Center's request, the total amount of Community Services Grant funds requested from various organizations is up to $4,225, with an amount, if any, specified for a donation to the American Cancer Society. r ec ud uj u i : ?-4p ATTACHMENT 1 December 19, 2002 Nir. Tom 6cnovese City of La Quinta 78-5-95 Calle Tamps co La Quinta, CA 92253 To " 4N`Ic -, It May Concern: Every vcar, La Quinta 1-ligh School is very pleased to be at-k! to offer our students an op.)ortunity to explore the world of'carecr opportunities. Through our annual Career Dal , ::;tudeMs are able to converse with')r4cisionals from within our owr eommurity who oP,cr tl::;n e�perier.c and kno,,vled2e re arding their chaacn career. Our C<u eer D, y 1135 gown over the years in size and excellence. We had hope that th.s year would not bu different; Unfortunately, it appears otherwise. Due to state 'uud i ruts, our funds are extremely limited. Without cutsidc assistance vvc wi!1 need '.o severely cat hack, cr- even cancel, cur planned actiyitio�. It is ;or that rea�on that I have decided to reach out to our community. It is our desire to continue the, line tradition of '-a Quinta High School Career Day. `Are are se ,-kii;, r,; ani2atiora that v: ould be. )vilin, to sponsor our event through htnancial st:pport. The estimated cost of l-rostii:. the went is Q,OOQ. If your busine,s o:• organization would be interested in bein one, of our si�o.aars, t;ieas; contact ine at the n-arnber belo�.v. The school iyill be closed throuQr the holidays, but I will be baeL in the o:Yicc on January 6 As always, eur studenL� and stall` are indebted to you, our cornim ;ity, !'or the suoport and commitment that you offer to our educasonal syste.m, With ,,our !:eip, •,ve %vill iriair.tain this vital caa:aection between our local professionals and our students, La Quinta High School lvishes YOU and yours the very happiest of lio! idaps. Sinc�rcly, n Carol Ramirez, Career Dav Coordi-iator La Quinta High Sctaool Counseling and Guidance Department (760)772-4150 ext. 2112 2 COUNCIL/RDA MEETING DATE: February 4, 2003 ITEM TITLE: Consideration of Participation in the Waste -To - Wonders Art Challenge to be Held April 1 1-13, 2003, as Requested by S.C.R.A.P. RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: ftr AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: If Council deems it appropriate, $2,500 would be appropriated from the AB939 Community Promotion Fund (101-402-605-542). CHARTER CITY IMPLICATIONS: None. At the City Council meeting of February 19, 2002 (Attachment 1), Council approved a request for $1,000 from the Student Creative Recycle Art Program (SCRAP) requesting assistance with the Waste -To -Wonder Art Challenge to be held in April, 2002. SCRAP is once again requesting assistance/participation for the 2003 Waste -To - Wonder Art Challenge (Attachment 2). The following suggestions are offered as methods of showing the City's support for this years program: • City's sponsorship and name on 1 st prize cash awards ($2,500) • Contributions toward cash prizes and event expenses • Sponsorship of opening night party with the City's name listed as host • Appointment of a City representative to the planning or judging committee • Publication in the City's Newsletter • Attendance at the event G:\WPDOCS\CC Stf Rpts\SCRAP.wpd Currently, there is $10,000 available in AB939 Community Promotion Fund for promoting recycling, that could be directed toward this program should the City Council make that determination. The alternatives available to the City Council include: 1. Authorize the expenditure of $2,500 for City sponsorship from AB939 Community Promotion Fund (101-402-605-542); or 2. Do not participate in the program; or 3. Provide staff with alternative direction. Respectfully submitted, Je y Hermhn, C mmunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . City Council Minutes of March 19, 2002 2. Letter of request from SCRAP G:\WPDOCS\CC Stf Rpts\SCRAP.wpd 2 City Council Minutes 6 March 19, 2002 Council Member Adolph stated didn't feel a funding request from the high school was appropriate but would support a contribution to the Booster Club. After a brief discuss' n, the consensus of Council was not to support the funding request a no action was taken. 3. CONSIDERATION OF PARTICIPATION IN THE WASTE -TO -WONDERS ART CHALLENGE TO BE HELD APRIL 13, 2002, AS REQUESTED BY S.C.R.A.P. Community Development Director Herman presented the staff report. Council Member Adolph asked if the City contributed to S.C.R.A.P. last year, to which Mr. Herman responded no. Council Member Adolph noted the Council has previously discussed the possibility of not approving funding requests on a yearly basis. MOTION - It was moved by Council Members Sniff/Henderson to authorize the expenditure of $1,000 from AB939 Community Promotion Fund (101-402-605- 542) for City sponsorship in the S.C.R.A.P. Waste -to -Wonders Art Challenge. Motion carried unanimously. MINUTE ORDER NO. 2002-38. U 1. DIS USSION OF AMENDING SECTION 12.32.120 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE REGULATING THE PARKING OF COMME11CIAL VEHICLES. Building & Sc-Kety Director Hartung presented the staff report. In response to yor Pena, Mr. Hartung stated the vehicle dimensions are measured from bu er to bumper and from the highest point on the vehicle. He advised recreation vehicles (RVs) are not subject to the same restrictions as commercial vehicles. RVs can be parked in or adjacent to the driveway in the Cove but must be beh d a six-foot high wall in other areas of the City. Council Member Sniff spoke re arding inconsistencies in RV and commercial vehicle parking regulations. In response to Council Member Adolph, r. Hartung advised 15 citations were issued about a month ago for commercial rking violations. He noted there is 4V IN T4 C �p C11Y 01 lA QUINiA 'I MANAfIR'� DEPi Dear Mayor Adolph-. � Z ce, Honorabi"et"n- Adolph City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Last year, the Coachella Valley played host to the first ever Waste -To -Wonders Art Challenge drawing attention from people all over the Valley and Southern Califor- nia. This event highlighted the artistic endeavors of valley artists who work with re- cycled and/or found materials in Sculpture, Collage and Masks. Cash prizes were awarded in two categories, Professional and Amateur, at a well -attended opening night party. The Waste -To -Wonders exhibition remained at The Desert IMAX in Ca- thedral City for six weeks which enabled public viewing and school field trips. The 2003 Waste -To -Wonders Art Challenge will be held at The River in Rancho Mi- rage during the week -end of April 12th in conjunction with Art Splash which is also a very popular event. As always, the Waste -To -Wonders Art Challenge is free to the public. Prize money is obtained through sponsorship. Last year's sponsors included the Cities of Ca- thedral City, La Quinta, Palm Desert, Palm Springs and Rancho Mirage. Major sponsors included the Agua Catiente Band of Cahuilla Indians, The Desert Sun and Burrtec Waste Industries. Also supporting the event were many local busi- nesses such as Waste Management of the Desert, The Lodge at Rancho Mirage, Marriott's Rancho Las Palmas Resort & Spa. Proceeds from the Waste -to -Wonders Art Challenge will benefit the S.C.R.A.P. Gal- lery's recycling and environmental education program for all students in the Coachella Valley. Your City's support of this event will help educate and encourage families and businesses in the valley to recycle. Your sponsorship helped make the 2002 Waste -To -Wonders Art Challenge a great success. We are hoping you will help us again this year. You can show your sup- port in many ways, such as: ® Your city listed as a major sponsor ($2,500) ® Contributions toward cash prizes and event expenses ® Sponsorship of opening night parry with your city's name listed as host ® Appointing your city's representative to the planning or judging committee ® Publicizing in your City's Publication ® Attendance at the event Please feel free to contact the S.C.R.A_P. Gallery at 863-7777 for more details on how you can participate. Sincerely, i Karen Riley, Executive Lllector Marilyn assman, President i �r The S.UAP. T allery is a Sol Cc, � ao'z tiui, ii T4'y/ 4 e4& Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: February 4, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Consideration of Appointments to Fill PUBLIC HEARING: Cultural Arts Commission Vacancies RECOMMENDATION: Consider appointments to fill two Cultural Arts Commission positions for the remaining terms of each vacancy. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Cultural Arts Commissioner Dan Bailey submitted his resignation from the Commission in late October 2002. Display advertisements were placed in the Desert Sun twice during the month of December, with a closing date of January 24, 2003. In early January, prior to the close of the recruitment, Commissioner Thomas me Graw submitted his resignation as well. Both of the vacant positions are scheduled to expire on June 30, 2004. Staff has received the following applications from five interested residents whose applications are attached as Attachments 1 a through 1 e: Linda Young Paulden C. Evans Mel Benjamin Michael Murdock Nicolas P. Hemes FINDINGS AND ALTERNATIVES; The alternatives available to the City Council include: 1. Consider appointments to fill two Cultural Arts Commission positions for the remaining terms of each vacancy; or 2. Do not consider appointments to fill two Cultural Arts Commission positions for the remaining terms of each vacancy; or 3. Provide staff with alternative direction. Respectfully submitted, J reek, CityClerk Approved for submission by: rz /,'��x Thomas P. Genovese, City Manager Attachments: 1 a. Application of Linda Young 1 b. Application of Paulden C. Evans 1 c. Application of Mel Benjamin 1 d. Application of Michael Murdock 1 e. Application of Nicholas P. Hemes G:\wpdocs\Staff Reports\Vacancy 2002.wpd 2 ATTACHMENT #la ,- _ o f F E cry � � , �.�.� �1i Y CITY OF LA QUINTA APPLICATION TO SERVE ON LA QUINTA CULTURAL ARTS COMMISSION LENGTH OF RESIDENCE IN LA QUINTA: HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground``.Please be sure to include experiences relevant to duties of the position you seek. ► 4;1 "All a�iarGss 4a��a r- APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. l z--c_ 6' z What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? - PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 1;,f;4 Linda Young 77374 Vista Flora La Quinta California 92353 I would like to take this opportunity to introduce myself to you. My name is Linda Young. My background is in design, decorating, remodeling, historic restoration and new construction specifications. In 1974, after graduating from the Willsey Institute of Art and Interior Design and studying architecture an additional two years at Arizona State University, my career began. I have completed the homes of such noted persons as Vitas Gueralities, New York; the CEO of Eagle Clothing: New York and Palm Beach; The CEO of Gurundle ("The Great Bridge Builders"), Del Rey Beach along with a French Chateau for Consulate General to South Africa. In 1983, 1 was chosen to work on the development of Scottsdale Ranch with Scholtz-long Developers,where planning the first homes to be built. While working on the Scholtz-Long project we began another area planning the development of Pinnacle Peak Luxury Estates for Schultz -Long. During this period I chaired the Phoenix Symphony Guild and took and active role in the Art Museum. At this time I was fortunate to able to complete the design of the 28 Bedroom Home away from Home -Medical facility for teens from troubled homes. I have showcased for Kips Bay New York and the Sandpipers of Palos Verdes. I have written a weekly design column for the Palos Verdes News. In 1987, 1 was recognized by Mayor Bradley and asked to represent him through my designs at the Pacific Design Center in West Hollywood. The same year I was awarded the contract for the new wing at St. John Fisher, Palos Verdes, and the contract for the executive homes for the Minolta Corporation. At this time I began a leadership program with Cal -State Long Beach to groom and intern their top students for commercial design. In June of 1992, Palm Springs Life awarded me for excellence in my field in four categories for my work at the Marroitt Desert Springs Development, chosen from hundreds of entries of Southern California Designers. In the 1990's I have been privileged to work with Caymen Developers on their project in Palos Verdes and had the opportunity to restore the original Hick's Estate in Old Westbury, New York. This home was 12,000 sq. ft. three floors and a 7,000 sq. ft. kennel. The property was built in the 1800's and is the sister property to the famed Old Westbury Gardens and Mansions located two parcels from this site. I was pleased to serve the city of Palm Springs as Commissioner of the Historic Site Preservation Board where I worked educating the public, by speaking to the value of the Spanish Colonial, Adobe and Mid -Century Treasures alive in this community. I served as Liaison to the Art's commission and was instrumental in evaluation of changes to some of our oldest sites both Commercial and Residential in the Coachella Valley along with completion of the Heritage walk map. Over the past two years I have enjoyed Residential Design work on the Southern California Coast and here in the Coachella Valley. It is my pleasure to share this information with you. Sincerely, �— Y i indra (7 oun �O. fox 5532 �Pa& c�iy, CC,'�4 92262 (760) 325-0036 �TTT/�i71ft��im JL t � A -L" Date: JANUARV 13, 2003 F'�:_c T !r_J CITY OF LA QUINTA,,,-, . APPLICATION TO SERVE ON CI'Y a _� �. :u TA --FICE LA QUINTA CULTURAL ARTS COMMISSION NAME: PAULDEN C EVANS HOME ADDRESS: 77-270 CALLE TECATE, LA QUINTA CA 92253 TELEPHONE: (HOME) 760 777-1771 BUSINESS: 760 831-2000 EMAIL: FAX: 760 771-1171 BUSINESS ADDRESS SAME IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD PAULDEN EVANS DESIGN 8 DEVELOPMENT INC PRESIDENT LENGTH OF RESIDENCE IN LA QUINTA: 12 YEARS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? YES Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. SEE ATTACHED PERSONAL AND PROFESSIONAL PROFILE blf';,;p _J I) APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. I AM AWARE OF THE FUNCTIONS, NEEDS AND THE DIRECTION THIS COMMISSION 01111 D GO What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? NOT AT THIS TIME What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? PLEASE SEE ATTACHED PERSONAL AND PROFESSIONAL PROFILE AND ART PORTFOLIO PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT 1 ►t t ITLF1\750NAL AHP FI"0I=15510HAL 1`I;01=1LL luldcvi Lv vi!5 3 Paulden Evans P.O. Box 621 tliverolde, CA 92502 LICENSED & MEMDEKSHIP -1972 to 1977, Evans Landscaping & Design - 1978 to 1983, Paulden Evans Design - 1983 to Date, Paulden Evans Design Center, Inc. - Contractors State License Board Classification "B" General Contractors License #652188 - Paulden Evans, IIDA holds membership In the International Interior Design Association, Classification, professional #162963 - Certified interior Designer CID #0215 California - A member of the Sales and Marketing Council - The National Association of Home Builders, and the Dullcling Association of Southern California •' : p - An ELAN 1988 and 1990 finalist in two categories each year for best design - 1984 MAME Award for excellence from the 5alco and Marketing Council of 5outhern California for his design work at the Rancho Mirage Country Club - 1983 5AM Award for excellence from the game group for his work for Woodhaven Developers - Three Golden apples Awards for excellence In design from Woodhaven Developers - Has been honored twice by professional Builders Magazine for his design work - 1980-81 UCLA - 1974-75 College Of The Desert - 1954-58 La 51erra College Prep 5chool 41168111111,9101 •�� - raulden Evans Design Center, Inc. specializes In the design of model homes and sales offices. Also contract and residential work, not only In California but throughout the United States and Canada. Evens has completed three country clubs, the clubhouses at Rancho Mirage Country Club, Rancho Mirage, CA, Woodhaven Country Club, Palm Desert, CA., and Desert Horizons County Club In Indian Wells, CA. - raulden Evans as a general contractor has designed and built numerous Spec and custom homer, In the desert. This Includes designing the floor plans, exterior eievatlons and landscape design. The framing Is all steel studs. Hls homes are the cutting edge of energy efficiency, earth -quake resistant and envl- ronmentally progressive. - raulden Evans was a member of the design, sales and marketing team of Woodhaven developero from 1969 thru 1986. While at Woodhaven developers, his responr,ibilltice Included all pharco of development le. architecture, interior design, sales offices, landscaping, brochures and all aspects of sales and mar- 1 7 i a keting from conception thru completion. 3 RE51PENIIAL Prolect PKO IECTS QAUI & CLUGHME5 # Of Unitg Project Type Woodhaven Homcs 1983 187 51ngle Family Avocado Vista, San Diego, Ca Woodhaven Homcg 1983 155 51ngle Family El Cajon, CA Woodhaven Homes 1984 292 51ngle Family Perris, CA Woodhaven Homes 1983-85 504 Country Club Woodhaven Country Club Palm Dcecrt, CA Woodhaven Homes 1984 1 Clubhouge Woodhaven Country Club palm Desert, CA Woodhaven Hornee 1984-86 465 51ng1e Family Cotton Estates 5an Diego, CA The Cagden Company 1986-87 96 51ng1e Family Indian Hllls Estates 51m1 Valley, CA The Cagden Company 1957-88 112 51ngle Family Master 5erle5, North Ranch Country Club, Westlake Village, Ca Hayhoe Devclopers 1988 1 43,000 S.F. Clubhouge Desert Horizons Country Club Indian Wello. CA The Cagden Company 1959-90 24 Condominlume Wilglilre, Beverly Hills, CA Santa Rosa Developers 1992 30 51ngle Family Gavilian 5pringg, Perrls, CA PEDC Development Co. 1993- 2003 Custom 5pec Homee La Quints, CA Not all art could withstand the environment, either because the materials it is made of are too fragile or the subject matter reouires a more peaceful setting. But the paintings of Paulden, who goes by that single name, are designed to be displayed both inside and out. A5E_O GALLERY Paulden makes us look at the familiar in new ways by playing with, and sometimes even contradicting, our expectations of how art should look and behave. Paulden's large-scale paintings Andyet, even as Paulden's work falls clearly within artistic traditions that are centuries in the making, it seems simultaneously to result from purely natural His paintings, while smooth to the touch, are blanketed in complex traceries of cracks and fissures that allow buried images and subsumed colors to rise again to the surface. 73-425 El Paseo Suite 22-C • Palm Desert, CA 92260 • (760) 674-9775 Paulden uses metal rather than canvas as his medium, coating the surface with layers of pigment. The top layers are cracked as with age or tectonic movement so that the bottom layers show through, creating unexpected flickers of color, reminiscent of specks of As featured in the Press -Enterprise — SaturdaY. June 27, 1998 - Entertainment Section A permanent gallery? ► A hair salon gives an artist space and its patrons something interesting to look at — and the idea works. By Devorah L. Knaff The Press -Enterprise Bel -ore you get to the striking paintings by Paulden, you have to get over the fact that you are in a hair salon. For most of us there's nothing particularly extraordinary about being ma salon. But it is extra- ordinary to go to one to see art. Wavelenaths Salon and Gallery in Redlands is taking advantage of two concurrent situations to incorporate art with a place where it usually does not deign to go — the fact that artists always need a space to show their work. especially now when there are so few venues fix contemporary art in western Riverside and San Bernardino counties. and the fact that people getting their hair done want something mterestine to look at. The result is incongruous. and certainly to he encouraged. If the masses will not Lo to art in the museums and galleries -- as they have always shown themselves reluctant to do — then art shall be brought to them. Not all art could withstand such an environ- ment. either because the materials it is made of arc too fragile or the subject matter requires a more peaceful setting. But the paintings of Pauldcn — who goes by that single name work well here. Most of Paulden's paintings feature a similar ligure. a sort of ghostly, floating form that is not quite human. It could he some creature from another world attempting rather amateurishly to take on human form or it could he the work of a childlike artist or it could be a very elliptical. metaphorical depiction of the human figure. It lends to shift among these possibilities from work to work. Paulden uses metal rather than canvas as his medium, coating the surface with layers or pig- ment. The top layers are cracked as with age or tectonic movement so that the bottom layers show through. creating unexpected flickers of color. like specks of ore or jewels flashing from a mud hank. The efhect. combined with the rather eerie sim- l; ; f f p allf hy o is tgures. grants a sense o anuywty to the works. as if they should he scrawled across the `Joni #35" by Paulden is on display at Wavelengths Salon and Gallery in Redlands. innermost caves of an ancient civilization. The last quite identify when presented on this scale. Art Review place you expect to find them is in a chichi salon The Riverside Art Museum is planning a show in the stylish downtown of Redlands. of Paulden-s work. and no doubt it will do just fine "Primitive Processes by Paulden" A few of the large-scale paintings are figure- in the conventional space of an art museum. But it Where: Wavelengths Salon and Gallery, less. simply a wash of the variegated. crackled Sur- is hard to imagine that it will he quite as striking Suite 205, 19 E. Citrus Ave., Redlands face. a prismatic play of fragments of pigment as it is here. in this unexpected place. When: 10 a.m.-6 p.m. Tuesdays throu�h against other fragments of color. They suggest a Wavelengths is to he encouraged to present Saturdays. Ends Aug. 3. magnified view of something. a close-up look into more shows like this. Artists and viewers need IL Admission: Free (styling is extra . something fragile and complex that we cannot more places to come together. Information: (909) 335-5888 L i r ta7 40" x 42" D EV R--U-I KNAF F has been an art critic since 1980. She currently writes for a number of newspapers including The Orange County Register, The San Diego Tribune, The San Francisco Chronicle, The Chicago Tribune and The Press -Enterprise. She holds a Ph.D. in cultural anthropology from UC Irvine. �4 42" x 44" Paulden's Primitive Processes B)' DEvoR_-t-i KNAFF Ridden makes us look at the familiar in new ways by playing with and sometimes even contradicting — our expectations for how art should look and behave. Paulden's large-scale paintings in oil enamel on metal include both abstract, almost blank works as well as many pieces inhabited by almost wraithlike figures, the kind of creatures that people our dreams and that we imagine as stepping forth from space ships. These are the simple, archetNTal figures that humans sketched on the walls of caves at [lie dawn of history, [he human form stripped down to Elie simplest possible concatenation of lines. Ajid yet, even as Paulden's work falls clearly within artistic traditions Lhat are centuries in the making, it seems at the same time to result from purely natural processes. His paintings, while smooth to Elie touch, are blanketed in complex traceries of cracks and fissures a. 42" x 44" that allow buried images and subsumed colors to rise again to the surface — as where the surface of a rock shows through a shrouc of lichen. Paulden's works are designed to be displayed both inside and outside. 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Knq f 7-4 r z E .v a ► A `tour group' stirs Nyouder and delight in its city `walk' and in its gallery setting. here is a very thin line be- tween the whimsical and the simply odd, between the calculated and the truly innocent. The migration through the streets of Riverside last week of a series of large painted, anthropo- morphic sculptures by the River- side artist who uses the single name of Paulden might have been either odd or calculated. But in the end, the whole produc- tion of pushing two dozen large statues around the city had the same combination of wonder and delight that is the mark of a great circus and very rarely the mark of other forms of entertainment and art. The idea of pushing the statues from place to place — from City Hall to Simple Simon's restaurant 4 ` n �v. * 117. , A' ri i' Paulden'.s Primitive Process "Little Big Man." S I oine and then to the Riverside Art Mu- seum — implies two things. One is that art is often hard to get to for the average person. It is tucked away, into museums that are closed during much of people's free hours or — even more inac- cessibly — is hidden away in pri- vate collections. But the downtown pedestrian mall is about as public a place as you can find, and the stat- ues certainly gathered notice as they traveled about. The comments from people who stumbled across them implied both wonder and gratitude that art should have made its way, from the inside to the outside. The other implication behind the peregrinations of these sculptures — each a columnlike body topped with a face,some set at a just -slight- ly quizzical angle — is that they are somehow real and that their wan- derings about town had nothing to do with democratic ideals of bring- ing art to the masses. Rather, the travels of the group of "Visitors." as Paulden calls these works, could be seen as a chance to let them out for a little fresh air and a chance to see the sights of Riverside. The idea that the whole affair had been arranged to honor a group of visiting dignitaries — al- beit ones made from metal and paint rather than the more com- mon flesh and blood — was under- lined when Paulden's work arrived at the museum, where it became in some ways incorporated into the exhibit "Dark Side of the Moon". In this show, Paulden's large paintings have been arranged around the periphery of one of the museum's two large galleries, with the "Visitors" standing in two rows in the middle looking back at the paintings, as if they were observers of the art rather than art them- selves. The result is that you tend to mumble apolog es to the standing works as you walk in front of them, as if ,you were disrupting the line of sight of human beings, not metal creations — which are in any case too tall to be bothered with the comings and goings of any human visitors to their gallery. Because of this sense of inhabita- tion, it is a little hard at first just to look at the paintings on the walls, which are also abstract and primi- tive portraits of humans, bearing the wide-eyed look you see on be- ings from outer space in more so- phisticated science fiction movies. These paintings aren't really primitive at all in the way that the art world has traditionally used that word, which is to say that they are not the products of an unedu- cated artist with no formal training and no access to either art institu- tions or professional -quality art materials. The complex way that Paulden has combined and layered colors and textures on these large works is enough by itself to mark these works as anything but primitive. "Paulden's Primitive Processes: Dark Side of the Moon" runs through Oct. 30 at the Riverside Art Musemn, 3425 Mission Inn Ave.. Riverside. Museurn hours are Monday -Saturday 10 a.m.-4 p.m. For more information, call (909) G8-1-7111. -&I - December 17, 2002 Paulden Evans Design & Development P. O. Box 621 Riverside, CA 92502 Re: Art Show Dear Mr. Evans: Thank you for agreeing to hold a show here at the Robert Mondavi Wine & food Center. I am enclosing a contract, which need to be signed and returned. I would also like to confirm that your show would run from January 13, 2004- March 15, 2004. The opening will be held to be determined. The Center will advertise your show on our calendar of events and will provide the wine and cheese for the reception. The reception is by invitation only by you and by our art show mailing list. Please review the attached contract for details. We are truly looking forward to the exhibition here at the Center and look forward to working with you. Sincerely, Cindy Tuch General Manager Enclosure (I ) R O I3 E 1Z -r MON DAVI A rAMItY Or WINES ROBERi' NIONDAVI W I N E & FOOD CENTER 1570 S( mic A%rNUE • C0gIA MESA, CALIFORNIA 92626 • (714) 327.8300 FAX (714) 979.5616 ATTACHMENT #lc RECEIVED Date: January 1 2003 2nr3 F!'; 2: 22 CITY OF LA QUINTA CITY o, LA, GU NTA APPLICATION TO SERVE CITY 's OFFICE ON LA QUINTA CULTURAL ARTS COMMISSION i ulv,14 HOME ADDRESS: 78169 r.ago Drive / La Quin a 92253 TELEPHONE: (HOME) 771 -3005 BUSINESS: 329-1 433 EMAIL: Benjie79@aol.com FAX: 771-4005 BUSINESS ADDRESS 19020 N. Indian Ave. N. Palm SPrings 92258 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Taber Co. Property Manager of NPS Commercial Plaza LENGTH OF RESIDENCE IN LA QUINTA: Six months HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No, Would like to. Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 I Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural i Arts Commission. I assume the Commission functions much the same as does the Palm Desert Civic Arts Committee. It is well explained in Chapter 2.75, pages 42-3 and 42-4 What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? I have not had the opportunity to address the issues or problems. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? I have had extensive experience working with home builders and artists. I understand design and composition, and although beauty lies in the eyes of the beholder, I can tell good, professional art from that produced by amatuers. Thrrnigh a proper, obiect;ve public art program., I can motivate sculptors to participate PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 r THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT MEL BENJAMIN 78169 LAGo DRIVE LA QUINTA, CA 92253 TEL: (760) 771-3005 January 10, 2003 The City of La Quinta Attn: City Council Members 78-495 Calle Tampico La Quinta, CA 92253 Dear Council Members: I am pleased and proud to be a recent year around resident of beautiful La Quinta as of July 2002. My home was in Palm Desert for seven years of which I served the last three on the Palm Desert Civic Arts Committee. During my term on the Committee I conceived and developed the details of the Waste -to -Wonders Art Challenge for the SCRAP Gallery. I have a broad artistic background that includes painting, sculpting, cartooning and writing. I studied fine arts in France and Germany, commercial art at Woodbury University and cartooning under Jefferson MacHammer. I am the author of two self -published books that enjoyed brisk sales, numerous business related magazine articles and two lines of greeting cards. I was the designer -owner of the graphic Arts firm that created products and packaging for all souvenirs originally sold in Disneyland and personally designed the first mobile sold in the park. I am an active member of the Original Palm Springs Writers Guild as I am working on a book of short stories. Although I am semi retired, I presently handle property management for a large industrial park and do occasional sculpture and painting commisions. I have the experience, time, energy and the desire to serve The City of La Quinta on its Cultural Arts Commission. Sincerely, Mel Benjamin MEL BENJAMIN / BIOGRAPHICAL SKETCH Education: Attended Santa Monica: College AA., UCLA: Economics, Woodbury University: Commercial Art, Jefferson MacHammer: Cartooning Occupational History: Roark -Benjamin & Assoc.: Designed products and packaging originally sold in Disneyland. Coleman -Parr Advertising: V.P. Wenger -Michael Advertising, Inc. V.P. Creative Director Boise Cascade Corp: Manager, Marketing Services Boston & Main Industries: V.P. Advertising The Benjamin Company: Marketing & Communications Taber Co.: Property Manager (Presently, manage 140,000 sq.ft. industrial park in Palm Springs.) 4 hrs/day. Civic Involvement: Served 3 years on the Palm Desert Civic Arts Committee. Conceived and developed details of the Waste -to -Wonders Art Challenge and turned over to the SCRAP Gallery for day-to-day administration. Amphitheater Committee. Creative: Active member of The Original Palm Springs Writers Guild Have authored two books and am working on another. I presently accept commissions on an original type of sculpture (Imprekenetic) as well as painting. Developed two unique lines of greeting cards. [il 1-[il�ti17�1V J.' via RECEIVED Date: J 2C C 3 ?'?93 1A1-1 14 A1`111: 27 CITY OF LA QUINTA APPLICATION TO SERVE CITY 0 L � QUINTA ON CITY CLE'I = 'S OFFICE LA QUINTA CULTURAL ARTS COMMISSION NAME: M 1 C-y� A-e- � r-j v rc� C,C, K HOME ADDRESS: 53-9os Aveot'Jc, 0bCz;o•-i L.« C*v.,kti TELEPHONE: (HOME) 7� 71 ' 3i (,3 BUSINESS: Q /a EMAIL: NIA BUSINESS ADDRESS FAX: - 1A IF EMP/L�OYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD_ Gt- LENGTH OF RESIDENCE IN LA QUINTA: I y ea,- 4 r✓jpn +ti S HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? k/ c S Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. T6i,nit Y'c;1j.[J In Cvcw.c`e CJVY\i-1 �/A Wl.k.+rc 1 "T1thc`F[� �CLY'UC:h,n l wws\ SC,k"JS iJ,4,J 1 1NC.n� 4% [J1,,(Vt Ire 1\j (�r'��-t:"r� �nlr .`n.cv til� k r<cCe.iVect et�ac �c 10�`S Z�{fc� I+ -_nwa4 c AVTS L„;41 a+ e�(SkdSIS c.� �ai1Jc An4,e lc;u+t 34.,4lt S 1 (Al){ m 4, A II ,c Ic je se 10 4, 0 y 44-{ ',lilt(/\ Uc,,. t,� IYIUc L Car 4L, SChc�OI CLYYI �14Min,C�Yy �ivC I s 1 Am C' ic�i,7 Gc G Wcr^IL {7drT irmL 'Ir, QVPli✓IE� L.'i �(,A, vj?J J ,fQV� ( ['�^I<�c,l (�+ �� 'i� Cr y U� AY-,CsiTtl "\VuoC iFaG�Lr Ih "l ddYyC,.:4S I r,}JA,Ak ('k -i ` )Trc`✓t'j��/ Clv� �n bici SC.hC I /n d1dG'11-10n 'iv b11n P 1.e, P,J 4, ASQ r1ay 1tlrl,e,-- yi'QV' . L�Ci�, 6—�r1)L o iO111S C �rr.�Qvn,i-� 1H -j�t S<1:441.( 4 C i�.tp OKtvw +S OC 1, 1 � � • J ti r� APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. r (ornnrSSie✓� Mt�tS Dn -i t se.,- "rhv✓SJay C4 eacLI M004k +0 'f"ri�eccrrrA' L oG�Vr[i Ovvx2✓S �I�urq� fy'�S civ� ad In 4,4 VJU'"LTC Pyalrc I QLt�t✓INCS� t � I N AA--t_ G r4 5 . What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? II15 cgi �p�V rr-4 AA T -�✓.L iS ct VcrrA Wiev, iT- f0rvie-s I10 -�`�c. }�t'�"'1-D�vnrv�� GV•"TS (tV';-4k 4—c L'itrgjrp✓, P4 4i' - C>[L.CrSrOr,ti MVirC [�ni1.v� 1 5 11llVL I_S AU Pro et �fQvVL44 Ivy Lft �Jlvi�J�, ��{ PllriarmttivC C o t ��yrL rr1J51C <tnc� GiYO�Ms�. Ih K SeaclS have a -S-(� ; e 4 ✓l_ IS no-Jttj,; c auc), ".-e aVA,trt .t-C 4-M'i_ ar+ l.S /1r,cc,vtt7j�tC I w,1A YC Cp,irv�erc�I bIlcte.l�✓S ►tr QurtLbl1 S�tar�s -G"-IF..c_ ¢aSL ni �LL1 aLf Je"oITS V)SI What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? � i j 1 `1GtU! �1., WG✓ �iny' Ir -f'� �/K,4y-c c - rtPrSS)o.,c. r— t �"WZIIA�j \J.PavS • _ �iun v i s i ha,,,f +L )rnPc;v-+-v,r(.t a.+ -A ho nz 4S 1e-i u er (�,nc wAr1 o4e w 6v-dly 4v F�CLcc k d C✓e A 4 ve. � n 1 • As A, Cfc»n I f7irrTDtYYG�l�dV eAe� 7_ �h(A1 14-!1/ 4ey,) Y'L1-Y1 Irr11CvO�F1✓ v✓1CC1ruvt_S Gis Wll 4� t rtmn J f<v� C� lYl om C ✓ O ^1 -� .� E ✓t �^'1 II/JJ�Z-- gins 61 C1k G H c,{ a+-v.. C C '..' -4t 14 C ��a,✓ t a tMPv-AL,A-c.L - 9rAecA,'"o T� CYQn•{tJC YpCt,S PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 _.t THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT ATTACHMENT #le RECEIVED Date: a 2 P1 !,. 39 CITY OF LA QUINTA APPLICATION TO SERVE CITY�O`Y��.Q OFFIINT CE ON CITY L LA QUINTA CULTURAL ARTS COMMISSION NAME: TV ` C 0 L-A�- 0_�' y ' V C—�1 es� HOME ADDRESS: G k"iAS; 1V �i' ��Aj TELEPHONE: (HOME) g 1— ��� BUSINESS: EMAIL:N K COi.k-W�K(E� A A0�_ FAX: BUSINESS ADDRESS IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD 3 k i I P 6-1� LENGTH OF RESIDENCE IN LA QUINTA: O� HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. �p p " Ck.TL?� �o J A -PP o rN i M�� C,��. � LG—�-1� �`� p A-:� 6 I, 1l(7:1k1 C-U) � M1aW - L19-7v W4� (�Ojl �:Yk\m�� oc- cot crA QIA C'��-UA 6 kLLt-Y L_'1 t') C 6 U �j C-L- tf\ jtj 1H C-7 C t G1�t APPLICATION, CULTURAL ARTS COMMISSION PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the La Quinta Cultural Arts Commission. C O-R QSZ What specific issues or problems face the La Quinta Cultural Arts Commission and do you have any suggestions to address those issues or problems? TO L A- l S� cf� o What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the La Quinta Cultural Arts Commission? v C PLEASE RETURN THIS APPLICATION TO: CITY CLERK P. 0. BOX 1504 78-496 CALLE TAMPICO LA QUINTA, CA 92253 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT `' � Tityl 4 4Qut«aw COUNCIL/RDA MEETING DATE: February 4, 2003 ITEM TITLE: Consideration of a Request for Change in Memorial Tree Program Policy RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: 4 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: On May 21, 1996, the City Council selected the area known as Hidden Grove (later renamed Cove Oasis Trailhead) for a grove of Date Palm trees that were acquired by the City during a Grant of Easement Agreement with the Hammer family, as provided in Attachment 1 . A condition of the agreement was that the grove be named in honor of the Hammer family. A plaque was placed at the Cove Oasis Trailhead which reads "The Palm Trees Donated in Honor of the Hammer Family May 21, 1996" recognizing the Hammer family. On May 2, 2000, the City Council approved the Memorial Tree Program for City facilities. As part of the program approval, the City Council approved the wording that could be selected by participants and displayed on the plaque placed near the donated tree. Minutes from that meeting are provided as Attachment 2. The Cove Oasis Trailhead was selected as a site eligible for this program. On May 20, 2002, Marianne Hammer purchased a plaque to be placed at the Cove Oasis Trailhead where the Hammer family Date Palm trees were placed. Staff provided Ms. Hammer the program information and Ms. Hammer submitted her choice for the wording on the plaque as provided in Attachment 3. After several conversations with 1S7 staff and ultimately the City Manager on December 6, 2002, correspondence was sent to Ms. Hammer regarding the program criteria. This information is provided as Attachment 4. As provided in Attachment 5, Ms. Hammer is not pleased with the placement of the plaque. Staff has offered to have the plaque moved to the location that Ms. Hammer feels is more appropriate. Ms. Hammer also would like to have the wording on the plaque changed to read "In Memory of Joe W. Hammer" instead of the current wording "This tree in the memory of Joe W. Hammer May 2002." Should the City Council wish to accommodate Ms. Hammer's request to change the wording on the plaque, it will be necessary to modify the policy regarding approved wording for the Memorial Tree Program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Direct staff to modify the Memorial Tree Program plaque wording ; or 2. Do not direct staff to modify the Memorial Tree Program plaque wording; or 3. Provide staff with alternative direction. espe fully s bmitted, orvitzCo „ munity Services Director Approved for submission by: C Thomas P. Genovese, City Manager Attachments: 1. Minutes from the May 21, 1996 City Council Meeting 2. Staff Report of May 2, 2000 Regarding the Memorial Tree Program 3. Memorial Tree Program Donor Information 4. Correspondence to Ms. Hammer 5. Correspondence from Ms. Hammer 0a S:\COMMUNITY SERVICES\CCREPORTS\CC.239.MEMORIAL TREE PROGRAM CHANGE 02-04-03..DOC ATTACHMENT 1 City Council Minutes 7 May 21, 1996 Mr. Louis DeMartino, P. 0. Box 391370, Anza, advised that there would be some change to the color of the cement and by using bronze for the pyramids, they would provide a variegated reflection of the mountain colors. A light wheel beneath the pyramid will provide a gravitational look at night. He felt that the project's landscaping is essential in providing the oasis appearance. Council Member Adolph supported the use of bronze and asked about the concrete finish to which Mr. DeMartino responded that it would be finished mostly with an acid -etching technique. MOTION - It was moved by Council Members Sniff/Adolph to approve the request as submitted by the Art in Public Places Commission (One Eleven La Quinta Center). Motion carried unanimously. MINUTE ORDER NO. 96-78. 3. CONSIDERATION OF DATE TREE GROVE LOCATION - HAMMER TREES. Mr. Speer, Senior Engineer, advised that on May 7, 1996, the Council approved a Grant of Easement Deed Agreement that provided rights -of -way on the west side of Dune Palms Road and obligated the City to remove/relocate 80 + date palm trees from that right-of-way, and naming the grove of trees after the Hammer family if relocated. The three potential permanent sites discussed by the Council at the last meeting are: 1) the south side of Calle Tecate, 2) the Bear Creek Bike Path, and 3) the Civic Center campus. The Calle Tecate site would accommodate 80 trees (25 feet apart) at a relocation cost of $32,000 and irrigation installation cost of $10,000. The Bear Creek Bike Path would accommodate 60 trees at a relocation cost of $24,000. However, the Bear Creek Bike Path Urban Reforestation Project calls for California fan palms and not date trees. The 1993 Civic Center Master Plan calls for 100 ornamental palm trees, with date palms being intentionally omitted because of the thorns and dates. The relocation cost for moving 80 trees to the Civic Center would be $32,000 and $10,000 to install irrigation. The trees would possibly have to be moved a second time to accommodate revisions to the Civic Center Master Plan. If the trees are moved to City property north of the Fritz Burns Park for temporary storage, relocation costs would be $48,000 to $64,000 because of having to move them twice. Staff presented two alternative sites that are both located on the alluvial fan south of Calle Tecate. The first site is 900 feet south of Calle Tecate and south of the man-made drainage swale and the second site is on the west side of the alluvial fan near the rock croppings. If the Council decides to not relocate the trees, they may be disposed of by the School District's subcontractor who would probably recycle them into the market. T44f 4 %'wQ" COUNCIL/RDA MEETING DATE: May 2, 2000 Approval of a Memorial Tree Donation Program RECOMMENDATION: Approve a Memorial Tree Donation Program. FISCAL IMPLICATIONS: ATTACHMENT 2 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: o;I_ STUDY SESSION: PUBLIC HEARING: No cost to the City of La Quinta. All costs associated with this program are the responsibility of the donor. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the February 1, 2000 City Council meeting, a Memorial Tree program (program) was discussed. The program would be designed for those individuals wishing to make a donation to a City park or facility, in the memory or honor of another. After some discussion, staff was directed to draft a policy based on the following criteria: donated trees are to be selected from an authorized list of trees for the facility chosen; the tree is to be planted in a location determined by staff; the City shall be responsible for maintaining the trees; a uniform size and material of plaque with wording to read "This tree donated in memory of (honor of) (individual's name) by (donor's name); individuals being honored or those making the request must be a current or have been a past resident of La Quinta; and the individual making the donation shall be responsible for the costs associated with the purchase and installation of the donated tree and plaque (Attachment 1). All site boundaries will be defined as provided by the approved landscape plans for the facility. Attachment 2 provides a draft policy for the Memorial Tree Program, based on the criteria outlined at the February 1, 2000 City Council meeting. Page 5 of this staff report (contained in Attachment 2) establishes the facilities that are eligible for the program as well as the residency requirements. The donor may choose the wording for the plaque from the two choices provided for consideration. 1 ' J The program is then detailed as to the steps the City will take once the program fees have been paid. The proposed program fee is $335 per donation. The cost breakdown is as follows: 24 inch box tree: Average price $150 Installation of tree at the site $ 50 Stone marker $ 65 Imprinted Tile $ 20 Installation of tile and marker $ 50 $335 Page 6 (contained in Attachment 2) is the form that the donor completes and determines the site of their choice to receive the donation as well as three preferences of trees from the approved list. Staff will then take the information and implement the program. Pages 7-9 (contained in Attachment 2) are the approved trees, per the landscape plans, for each of the facilities that are available for participation in the program. When the Community Park and the Cove Oasis Trail are completed, the information will be included in the program. Pages 9-12 (contained in Attachment 2) is a list of the approved trees, with their Latin names and common names, as well as a brief description of the tree. Pages 14- 43 (contained in Attachment 2) are pictures of trees that correspond to the numbers on pages 9-12. The donor may read the description of the tree and then find the corresponding picture to view. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a Memorial Tree Donation Program; or 2. Do not approve a Memorial Tree Donation Program.; or 3. Provide staff with alternative direction. Respectfully suomitted, Dodie Horvitz, eomVunity Services Director C S:\Community Services\CCReports\CC.041.wpd J Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . City Council Minutes from February 1, 2000 2. Memorial Tree Donation Program Information S:\Community Services\CCReports\CC.041.wpd '-6 City Council Minutes 6 February 1, 2000 — 4. CONSIDERATION OF METHOD TO HONOR INDIVIDUALS IN PARKS. Community Services Director Horvitz presented a brief report as outlined in the staff report. In response to Council Member Adolph, Ms. Horvitz explained a signboard will include the park name on the front and individual name plaques on the back. In response to Council Member Henderson, Ms. Horvitz confirmed the two requests received recently are on hold until a process is defined, Council Member Perkins felt memorial placements should be done in a structured manner and not overload any particular park. In response to Council Member Sniff, City Attorney Honeywell advised the City cannot control which names are selected for honoring. After a brief discussion, Council concurred to direct staff to draft a policy based on the following: donated trees to be selected from an authorized list of trees and planted in a location determined by staff; the City to be responsible for -- maintaining the trees; staff to determine uniform size and material of plaques; wording to read "This tree donated in memory (or honor) of individual's name by name of donor;" individuals being honored, or those making the request, must be current or past residents of La Quinta; and the individual making the request shall be responsible for the costs associated with the recognition. City Manager Genovese advised staff will bring back a report on the guidelines at the next Council meeting, No action was taken. 5. CONSIDERATION OF AN AMENDMENT TO CHAPTER 2.65, SECTION 2.65.090(B) (DEVELOPMENT FEE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO ART IN PUBLIC PLACES. Community Services Director Horvitz presented a brief report on the proposed fee reduction as outlined in the staff report. Council Member Henderson felt the potential for commercial development —' contributions to the program is great and supported decreasing the fee from 1/4 of 1 % to 1/e of 1 %. 1°, h Li_i 12120'-.11_Jr 1 I i, 5CL ATTArHMFNT 3 Verson to be recognized-- Time frame when the person was a City of La Quinta resident (if appiicahle} From: To: Warding on plaque (Please choose one): �/ Li C _ v,V/ �1 This tray in the memory of by _ L 4 T�This tree in honor of by Date: Adams Park Bear Creek Trail _---Bear Community Park Cove Oasis Traii __Eisenhower Park w� Fritz Burns Park - -La Quinta Senior Center La Quinta Sports Complex Date of Donation: .rYr rrrrrRAtR1tMNMi A++++v+++LR+++RR#Ri+Wi+ Residency requirement met:_ Slone ordered: Trc.e delivered and installed: Goner notified: Typed 7ree:(Piease ose three tre in order of preference) Prafere 1: prof nce 00. Pr6forence #3, Payment Received:_ YYw hR RRR#W+IrR+Rr 4fi1+R W 17 Plaque ordered: - -Tree ordered: — Stone and plaque installed: ATTACHMENT 4 y r' P.O. Box 1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 January 15, 2003 Ms. Marianne Hammer 677 Dry Falls Road Palm Springs, CA 92262 Dear Ms. Hammer: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 Thank you for taking time to meet with me on December 6, 2002 to discuss your concerns regarding the City's Memorial Tree program. Your concerns included the placement of the plaque that you purchased through the program, the color of the tile and the wording on the plaque. As we discussed, the location of the plaque can be moved to the general area in which you would like to see the plaque. If this is your desire to have the plaque relocated, please contact the Community Services Director Dodie Horvitz at 777-7090. I've enclosed minutes from the City Council meeting in which the Memorial Tree program was discussed by the City Council. As you will see on page 6 of the February 1, 2000 meeting, the City Council stated that staff would determine the size and material of the plaque. At this salve meeting, the City Council gave direction on the wording that could be included on the plaque. Once a plaque is purchased, staff works with a tile supplier and stonecutter to assemble the plaque. The material used for the plaque is based upon availability. The wording on the plaque, which you selected in memory of your father, is within the guidelines of the - -program. Should you have further questions regarding this program, please contact me at 760-777- 7100. S erely, Thomas P. Genovese City Manager Enclosure CC: Dodie Horvitz, Community Services Director ATTACHMENT 5 January 21, 2003 Dear Mr. Genevese: I am writing this letter as per your request when we spoke on the phone. I will explain my situation as clearly as I can. There seems to have been so much confusion when I thought that everyone was on the same page. This is what I would like to happen. I would like a tile/plaque put by the current Tile /Plaque that reads " The Palm Trees Donated in Honor of The Hammer Family May 21, 1996. I would like a separate Tile/Plaque put below this one that reads "In Memory of Joe W. Hammer."I understand the cost I have all ready payed for one that was not placed where I was told it would be placed ,and it does not read what I thought it would read. Mr. Genevese My Dad was a prominent and well respected businessman in The Cochella Valley. It is very important to me that this respect be given to My Dad. My Dad was a honest ,ethical generous person and he is much deserving of this gesture. . Mr. Genevese please call me when you receive this letter so we can go over it once more. Thank you for you help. I will be more than happy to do all the legwork. Sincerely, Marianne Hammer Department Report: w� CAM OF T1 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager�Q� DATE: February 4, 2003 SUBJECT: Department Report - Responses to Public Comments The following public comments were made at the January 21, 2003, City Council meeting: 1. The Queen and her court made a brief presentation and extended an invitation to the Riverside County Fair and National Date Festival to be held February 14-23, 2003. Council thanked the Queen and her court for the invitation. 2. Audrey Ostrowsky, P. O. Box 351, stated someone shot a BB through her window and asked that the use of BB guns be restricted like other guns. She also expressed concern that Code Enforcement is not issuing citations in a fair and equitable manner. • Council thanked Ms. Ostrowsky for her comments. DEPARTMENT REPORT: 3- A FEBRUARY 4 FEBRUARY 18 MARCH 4 MARCH 18 APRIL 1 APRIL 15 MAY 6 MAY 20 JUNE 3 JUNE 17 CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING February 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Satur� 1 January March S M T W T F S S MT W T F S -- 1 1 2 34 5 6 7 8 9 10 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 12 13 14 15 16 17 18 16 17 18 19 20 21 22 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 29 30 31 30 31 2 3 4 5 6 7 8 2:00 PM City Council 10:00 AM ALRC Meeting 9 10 11 12 13 14 15 7:30 AM CVEP-Adolph 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- 10:00 AM Pub. Sfty- Abate. -Perkins Henderson Sniff Perkins 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts 12:00 PM Transp.- Commission Advisory Board Commission Perkins Valentines Day 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. Lincoln's Birthday (City Hall Open) 16 17 18 19 20 21 22 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 2:00 PM City Council vation Commission Meeting President's Day (CITY HALL CLOSED) 23 24 25 26 27 28 6:00 PM CVAG-Exec 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- Com-Adolph Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne Printed by Calendar Creator Plus on 1/28/2003 e # March 2003 La Quinta City Council Monthly Planner Su nday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 2:00 PM City Council Meeting 10:00 AM ALRC 12:00 PM Mayor's Lunch 9 10 11 12 13 14 15 10:00 AM Pub. Sfty- Perkins 12:00 PM Transp.- Perkins 7:00 PM Mosquito Abate. -Perkins 7:00 PM Planning Commission 9:00 AM RCTC- Henderson 5:30 PM Investment Advisory Board 12:00 PM Energy/Envi- Sniff 7:00 PM Cultural Arts Commission 3:00 PM Mtns. Con -Sniff 6:00 PM League - Henderson 7:00 PM Com. Serv. Comm. 16 17 18 19 20 21 22 St. Patrick's Aftvation WR 9:00 AM CVA-Henderson 2:00 PM City Council Meeting 3:00 PM Historic Preser- vation Commission 1st Day of Spring 23 24 25 26 27 28 29 7:00 PM Planning Commission 12:00 PM CVAG Human/ Comm -Osborne 12:00 PM Sunline-Adolph 9:00 AM LAFCO- Henderson 4:00 PM DRRA Airp- Osborne 30 31 6:00 PM CVAG-Exec Com-Adolph February April S M T W T F S S M T W T F S 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 11 27 28 29 30 11 Printed by Calendar Creator Plus on 1/28/2003 .� April 2003 La Quinta City Council Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 2:00 PM City Council 10:00 AM ALRC March Meeting S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 7:00 PM Mosquito 9:00 AM RCTC- 12:00 PM Energy/Envi- Abate.-Perkins Henderson Sniff a 7:00 PM Planning 5:30 PM Investment 7:00 PM Cultural Arts Daylight Saving Time Commission Advisory Board Commission Begins 13 14 15 16 17 18 19 7:30 AM CVEP-Adolph 9:00 AM CVA-Henderson 3:00 PM Historic Preser- 10:00 AM Pub. Sfty- 2:00 PM City Council vation Commission Perkins Meeting 12:00 PM Transp.- Perkins 6:00 PM League - Henderson 7:00 PM Cam. Serv. Comm. 20 21 22 23 24 25 26 Easter 7:00 PM Planning 12:00 PM CVAG Human/ 9:00 AM LAFCO- City Picnic Commission Comm -Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM DRRA Airp- Osborne 27 28 29 30 6:00 PM CVAG-Exec Com-Adolph May S M T__W T F S 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 Printed by Calendar Creator Plus on 1/28/2003 9.200.010 Chapter 9.200 GENERAL PERMITTING PROCEDURES Sections: 9.200.010 Development review process. 9.200.020 Authority. 9.200.030 Combined applications. 9.200.040 General permit provisions. 9.200.050 Permit applications. 9.200.060 Action by decision -making authority. 9.200.070 Time limits on processing applications. 9.200.080 Permit expiration and time extensions. 9.200.090 Modifications by applicant. 9.200.100 Amendments to development review permits. 9.200.110 Public hearings. 9.200.120 Appeals. 9.200.130 Permit revocation. t/4/®3 4; /Ji �► • 9.200.010 Development review process. A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application. B. Applicable State Law. It is intended that the provisions of this chapter shall be consistent and in full compliance with Section 65920 et seq. and other applicable sections of the State Government Code and that such provisions shall be so construed. C. Persons Who May File Applications. An application for a permit or other action under Chapters 9.200 through 9.260 may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. D. Application Filing. Applications shall be filed with the community development department on forms prescribed by the Director, together with: (1) all maps, plans, documents and other materials required by the director, and (2) all required fees per Chapter 9.260. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this chapter shall be governed by the applicable provisions of the State Planning and Zoning Law (Government Code Section 65000 et seq.). (Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.020 Authority. A. Decision -Making Authority. Table 9-23, following, specifies the decision -making authority for each of the various actions described in this code. An "A" or "PH" means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PH" means that a public hearing is required before action is taken. An "R(PH)" means that the planning commission is responsible for holding a public hearing and forwarding a recommendation to the city council. • • 4 •� (La Quints 9-96) 372-w- •• 9.200.020 • • Table 9-23 Discretionary Review Authority PH = Decision -making body (public hearing required) R(PH) = Recommending body (public hearing required) A = Administrative review by director (no public hearing) Type of Application Decision -Making Authority Staff Planning Commission City Council General plan amendment R(PH) PH R(PH) PH R(PH) PH R(PH) PH R(PH) PH PH PH PH A* A* A** A* PH Zoning code amendment Zone change Specific plan Development agreement Variance Conditional use permit Site development permit Minor use permit Minor adjustment Temporary use permit Home occupation permit Sign permit Sign program Subdivisions Per city subdivision code Environmental review Per city environmental review procedures * By community development director ** By director of building and safety B. Administrative Action. Actions to be taken administratively per Table 9-23, preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the director may notify residents or property owners near the subject property if the director determines on a case -by -case basis that the public interest would be served by such notification. C. Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.030 Combined applications. At the discretion of the director, applications for different types of actions may be combined and processed concurrently in one application with one fee deposit so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications: A. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing. 372-5 (La Quinta 9-96) 9.200.030 B. The final decision on the combined application shall be made by the highest applicable decision -making authority pursuant to Table 9-23 preceding. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the city council. C. The applicable fee(s) shall be collected in accordance with Chapter 9.260. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.040 General permit provisions. A. Applicability of Permits to Property. All rights granted by the approval of a development review permit remain with the affected property and all entitlements, conditions and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. B. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approval granted by authority of this chapter shall have the same force and effect as this zoning code. Any land use or development established as a result of an approval which is not in compliance with all such conditions, requirements or standards shall be in violation of this chapter, and the enforcement provisions of the municipal code shall be applicable. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.050 Permit applications. A. Acceptance of Applications as Complete. Within thirty days of receipt of a permit application, the director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. B. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the community development department sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed. (Ord. • 284 § 1 (Exh. A) (part), 1996) 9.200.060 Action by decision -making authority. A. Possible Actions. The decision -making authority may take one of the following actions on each application: 1. Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Conditional Approval. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications or other conditions necessary to achieve the objectives of the general plan and this zoning code. After the action's effective date as defined in subsection C of this section and after approval of any required plan revisions per subsection D of this section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision -making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits. 4. Withdrawal. With the concurrence of or at the request of the applicant, any application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy (La Quinta 9-%) 372-6 �J 9.200.060 of the written determination shall be forwarded to the applicant following the date of final determination and . shall be made available at cost to any person requesting such a copy. C. Effective Date. The determination of the decision -making authority shall be effective fifteen calendar days after the date the decision is made and after all appeals, if any, have been acted on per Section 9.200.120. D. Tie Votes. 1. Development Review Applications. If action on a development review application results in a tie vote by the decision -making authority, such vote shall constitute a lost motion. 2. Appeals. When all members of a decision -making authority are present, a tie vote on whether to grant an appeal shall be considered a denial of the appeal. The original action shall then stand unless the decision -making authority takes other action to further consider the matter. If a tie vote occurs when less than all members of the decision -making authority are present, the matter shall automatically be continued to the next regular meeting unless otherwise ordered by the decision -making authority. E. Use of More Restrictive Standards. In conjunction with approval of a development review permit, the decision -making authority may impose more restrictive site development standards than set forth in this code in order to make the required findings for each type of permit as specified in Chapter 9.210. (Ord. 284 § 1 (Each. A) (part), 1996) 9.200.070 Time limits on processing applications. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (Government Code Section 65920 et seq.). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.080 Permit expiration and time extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permit's effective date as set forth in Section 9.200.060. The period of validity shall run indefinitely unless it expires • pursuant to subsection C of this section. B. Establishment. A development review permit shall be deemed established if the following actions occur within twenty-four months of the effective date of the approval or within such other time period designated by the approval: 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if: 1. The permit is not established within twenty-four months of the permit's effective date or such other time period designated by the permit approval, by state law or by this code; or 2. After establ ishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. I . Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one year if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority. 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. (Ord. 284 § 1 (Exh. A) (part), 1996) • 372-7 (La Quinla 3-02) ,_ 1 9.200.090 9.200.090 Modifications by applicant. A. Plan Modifications by Applicant. Plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the director. B. Procedures. If the director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the director may approve the modified plan without further compliance with this section. If the director determines that the plan modification may result in a significant change in the project, the director shall refer the change to the original decision -making authority. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.100 Amendments to development review permits. A. Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided for in Section 9.200.090 preceding, new or additional land uses, or similar major changes. B. Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.110 Public hearings. A. Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this section. It is intended that the provisions of this Section 9.200.110 shall be fully consistent and in full compliance with Section 65090 et seq. of the State Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to State Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision -making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with subsection D of this section and then held by the decision -making authority prior to action on the relevant application. At the public hearing, the decision -making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this section. D. Noticing Requirements. Not less than ten days prior to hearing. The city shall: I . Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development or other action proposed, to: a. The owner of the subject real property, b. The owner's authorized agent, if any, c. The project applicant, d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project, e. All owners of real property as shown on the last equalized assessment roll within five hundred feet of the subject real property. If the number of owners to whom notice would be mailed is greater than one thousand, the city may instead place a display advertisement of at least one -eighth page in a newspaper of general circulation; and 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the city and one place at the subject site. (La Quinta 3-02) 372-8 0 9.200.110 • E. Additional Notice. The community development director may require that additional notice be given by enlarging the notification radius or by other means determined by the director. F. Other Notice. The city shall also provide any other notice required by law. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.200.120 Appeals. A. Appealable Decisions. Any development review action by the director may be appealed to the planning commission and any development review action by the planning commission may be appealed to the city council in compliance with the provisions of this section. B. Designation of Board of Appeals. The planning commission shall constitute the board of appeals for decisions by the community development director and the city council shall constitute the board of appeals for decisions by the planning commission. C. Persons Who May Appeal. Any interested person may appeal a decision of the director or the planning commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee. D. Call -Up Review. The board of appeals (either the planning commission or city council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the director or the planning commission regarding the action taken on a development review permit application. The board of appeals' call-up review shall be processed in accordance with subsection E of this section and may be exercised at any time prior to the expiration of fifteen days from the date on which the decision was made. E. Appeal Procedures. 1. Time Limits for Filing Appeals. All appeals shall be filed with the director within fifteen calendar days of the date on which the decision being appealed was rendered. If the fifteenth day is a nonworking day for the city, the appeal period shall be extended to include the next city working day. No appeal shall be accepted after the appeal period has expired. • 2. Required Documents. Each appeal, except for call-up reviews initiated by a board of appeals on its own motion, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the board of appeals the substance of each of the grounds for appeal. The director may require that the written appeal be accompanied by such other documents and information that the director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds. 3. Forwarding of Records. When an appeal has been received, the director shall forward to the board of appeals all documents and information on file pertinent to the appeal together with the minutes or official action of the decision -making authority and a report on the basis of the decision. 4. Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section 9.200.110. 5. Issues to be Considered. The board of appeals may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision -making authority took action. When reviewing a decision -making authority's decision via its own call-up review, the board of appeals may raise and consider any issue it deems appropriate to the project application. 6. Action on Appeal. Not later than forty-five days after an appeal has been received and accepted by the director, the board of appeals shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the board of appeals may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority with directions. 7. Majority Vote. Action by the board of appeals to reverse or modify an appealed decision shall require • a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. (Ord. 284 & 1 (Exh. A) (part), 1996) n w i 372-9 (La Quinta 3-99) 9.200.130 9.200.130 Permit revocation. • A. Grounds for Revocation. Any development review permit may be revoked by the decision -making authority or the city council pursuant to the provisions of this section on any of the following grounds: 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. 5. Other grounds as set forth elsewhere in this code such as, but not limited to, those for sexually oriented businesses. B. Procedure. Prior to any action on revocation, the decision -making authority shall hold a public hearing noticed and held in accordance with Section 9.200.110, except that the permittee shall be given not less than fifteen days' notice. The notice shall state the causes for which the revocation is to be considered. C. Action of Decision -Making Authority. Following the hearing, the decision -making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision -making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision -making authority by any affected person. E. Appeal. Any action by the decision -making authority pursuant to this section may be appealed as set forth in Section 9.200.120. F. New Decision -Making Authority. If the decision -making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision -making authority as that term is used in this section. (Ord. 284 § 1 (Exh. A) (part), 1996) • (!.a Quinta 3-99) 372-10 AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: February 4, 2003 CONSENT CALENDAR: ITEM TITLE: STUDY SESSION: Public Hearing to Consider a Resolution Amending the City's General Plan Circulation Element (Exhibit PUBLIC HEARING: 3.5-City Roadway Classifications) by Changing the Existing Classification for the Following Streets: Fred Waring Drive, Adams Street, and Dune Palms Road RECOMMENDATION: Adopt a Resolution of the City Council approving General Plan Amendment 2002-088. None. CHARTER CITY IMPLICATIONS: None. '• ►W.zR • A General Plan Amendment to change certain City streets is being requested to upgrade the street classifications to provide better circulation and to bring our streets into conformance with the Coachella Valley Regional Arterial Program, the Riverside County Regional Transportation Plan, and the Southern California Transportation Improvement Plan. The proposed General Plan Amendment would change the following streets as shown on the chart below: STREET EXISTING PROPOSED LOCATION CLASSIFICATION CLASSIFICATION Fred Waring Drive Primary Arterial Marjor Arterial Washington Street A (4 lanes divided) (6 lanes divided) to Jefferson Street Adams Street Secondary Arterial Primary Arterial South of Highway (4 lanes undivided) AK lanes divided) 1 1 1 to Avenue 48 Dune Palms Road Secondary Arterial Primary Arterial South of Highway (4 lanes undivided) AK lanes divided) 1 1 1 1 to Avenue 48 G:\WPDOCS\CC Stf Rpts\GPStreetclass.wpd The Planning Commission, at their meeting of January 14, 2003 (Attachment 1), considered the Amendment and unanimously recommended approval to the City Council. Public Notice This application was advertised in the Desert Sun newspaper on January 24, 2003 as a one -eighth display ad as required by the Zoning Ordinance of the La Quinta Municipal Code. To date no public comment has been received. All written comments received are on file with the Community Development Department. All applicable agency comments received have been considered for this case. The City's traffic engineer has reviewed the proposed changes to the roadway classifications and determined that the changes are consistent with the General Plan. The findings necessary to recommend approval of the General Plan Amendment can be made, as noted in the attached Resolution. 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 approving General Plan Amendment 2002-088; or 2. Do not adopt a Resolution of the City Council approving General Plan Amendment 2002-088; or 3. Remand the applications to the Planning Commission for further consideration; or 4. Continue the request and provide staff with alternative direction. G:\WPDOCS\CC Stf Rpts\GPStreetclass.wpd 2 Respectfully submitted, HorryMeman ty Development Director Approved for Submission, Thomas P. Genovese, City Manager Attachments: Planning Commission Minutes of January 14, 2003 G:\WPDOCS\CC SO Rpts\GenPIanUpd.wpd 3 RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CHANGE TO THE CLASSIFICATION FOR FRED WARING DRIVE, ADAMS STREET, AND DUNE PALMS ROAD IN THE CIRCULATION ELEMENT OF THE GENERAL PLAN CASE NO.: GENERAL PLAN AMENDMENT 2002-088 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 4th day of February, 2003, hold a duly noticed Public Hearing to review a General Plan Amendment to change the classification for Fred Waring Drive, Adams Street, and Dune Palms Road in the Circulation Element of the General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of January, 2003, hold a duly noticed Public Hearing to review a General Plan Amendment to change the classification for Fred Waring Drive, Adams Street, and Dune Palms Road in the Circulation Element of the General Plan as shown on Exhibit "A", attached hereto; 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 General Plan Amendment: 1 . Internal General Plan Consistency. The proposed Amendment to the Circulation Element would change the classification for certain streets from Primary and Secondary Arterials to Major and Primary Arterials. The proposed amendment was analyzed by the City's traffic engineer, and was determined to be a consistent with the General Plan Goals, Objectives and Policies. The on -going review of street classifications in the Circulation Element is supported by the General Plan Primary Goal of establishing and maintaining acceptable levels of service on all community roadways. 2. Public Welfare. The proposed Amendment will not create conditions materially detrimental to the public health, safety and general welfare, insofar as the traffic engineer determined that the change will maintain and improve circulation. 3. General Plan Compatibility. The proposed General Plan Amendment will be compatible with the roadway classifications used by the City on other roadways, and provides the City with greater flexibility in developing a safe, comprehensive circulation system. G:\WPDOCS\CCReso-COMGPStreetc1ass088.wpd 4 City Council Resolution 2003- General Plan Amendment 2002-088 Adopted: February 4, 2003 4. Property Suitability. The proposed Amendment is City-wide. The City's roadway system and functional classification system support the change. 5. Change in Circumstances. The continued development of the City requires the continued analysis of the best methods to build out a safe and efficient roadway system, and this Amendment continues to support that development. 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. That it does hereby determines that this project is exempt per Section 15061(b)(3) of the Guidelines for implementation of the California Environmental Quality Act (CEQA). 3. That it does approve General Plan Amendment 200-088 for the reasons set forth in this Resolution and as contained in Exhibit "A" attached hereto and made part of. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of February, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California G:\WPDOCS\CCReso-COA\GPStreetclass088.wpd 5 City Council Resolution 2003-_ General Plan Amendment 2002-088 Adopted: February 4, 2003 ATTEST: JUNE GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHRYN JENSON, City Attorney City of La Quinta, California G:\WPDOCS\CCReso-COA\GPStreetclass088.wpd 6 City Council Resolution 2003-_ General Plan Amendment 2002-088 Adopted: February 4, 2003 EXHIBIT "A" STREET EXISTING PROPOSED LOCATION CLASSIFICATION CLASSIFICATION Fred Waring Drive Primary Arterial Major Arterial Washington Street A (4D) 6(D) to Jefferson Street Adams Street Secondary Arterial Primary Arterial South of Highway (4U) A(4D) 1 1 1 to Avenue 48 Dune Palms Road Secondary Arterial Primary Arterial South of Highway (411.1) A(4D) 1 1 1 to Avenue 48 G:\W PDOCS\CCReso-COA\GPStreetclass088. wpd ATTACHMENT #1 Planning Commission Minutes January 14, 2003 1 . Chairman Butler asked for the staff report. Associate P anner Wallace Nesbit presented the information contained in/,he staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any Iestions of staff. Commissioner Tyler asked if the elevators ere located only on the center portion of the building. Staff n ed the location of the elevators on the site plan. 3. There being no further questions of taff, Chairman Butler asked if the applicant would like to a ress the Commission. The applicant was available to answ any questions. 4. There being no questions o the applicant and no other public participation, Chairman B tler closed the public participation portion and open//Abels tter up for Commission discussion. 5. There being non, it was moved and seconded by Commissioners to adopt Resolution 2003-001, approving Sitent Permit 2002-757, subject to the conditions as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. B. General Plan Amendment 2002-088; a request of the City for consideration of an Amendment to the City's General Plan Circulation Element by changing the existing classification for the following streets: Fred Waring Drive, Adams Street, and Dune Palms Road. 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. 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked if this change would mean a restriping of the street to make it into six lanes. Staff noted it would still require some widening in the County. Commissioner Robbins asked about the potion that is still in the County. Staff "1 G:\WPDOCS\PC Minutes\1-14-03.wpd 2 Planning Commission Minutes January 14, 2003 stated there is enough room to have six lanes, but not enough area for curb. Commissioner Robbins stated he had a concern regarding those homes who take direct access onto Fred Waring Drive. Staff stated on -site turn-arounds may have to be provided for those homes that back directly onto Fred Waring Drive. 3. Commissioner Tyler asked if that portion of Fred Waring Drive across from Palm Royale was part of the proposed development to provide six lanes, or will it remain vacant. Staff stated Fred Waring Drive is one of the must build streets, but is not part of the current discussions. Jefferson Street has the priority. The City may have to use public funds to finish Fred Waring Drive. 4. Chairman Butler asked if the speed limit would be changed on any of these streets. Staff stated the speed limits are set by the motoring public with statistical analysis used to determine if a change needs to be made. 5. There being no further questions of staff and no other public participation, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. 6. It was moved and seconded by Commissioners Tyler/Abels to adopt Resolution 2003-002, approving General Plan Amendment 2002-088, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: A. Site-7 , a request of Cornerstone Developers for review7Stree ural and model home landscaping plans for four new protntial units located at the northeast corner of WashingtMiles Avenue. 1 . Commissioner obbins stated he may have a potential conflict of interest as this p ject abuts his property and removed himself from the dias. C irman Butler asked for the staff report. Planning Manager Osc la presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 17 G:\WPDOCS\PC Minutes\1-14-03.wpd 3