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2009 03 04
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MARCH 4, 2009 at 6:00 PM at City Hall Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: February 26, 2009 ;_ • •• Manuel Lozano Mayor I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on February 26, 2009. Laura M. Nieto Deputy City Clerk City Council & Community Development Commission Special Meeting Agenda — March 4, 2009 • : A 0 . I CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION MARCH 2009 :00 PM CITY HALL - COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. City Council & Community Development Commission Special Meeting Agenda — March 4, 2009 COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING — 6:00 PM CALL TO ORDER ROLL CALL: Council members /Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tem/Vice Chair Monica Garcia and Mayor /Chair Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DES/GNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA S/ REQUIERE LOS SERVICIOS DEL INTERPRETS ivo se podia iomar accion en a /gun asunto a menos Clue sea indU- -/"O en la agenda, o a �nenos yue exista aigu'na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fi]ar asuntos para tomar en consideracion en juntas proximal. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a)) Case Name: CARA v. City of Baldwin Park Case Number: BS117914 Case Name: Baldwin Park Police Officer Association v. City of Baldwin Park & Baldwin Park City Council Case Number: BS117634 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT City Council & Community Development Commission Special Meeting Agenda —March 4, 2009 CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated February 26, 2009. Laura M. Nieto Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at Inieto(d)-baldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) City Council & Community Development Commission Special Meeting Agenda — March 4, 2009 0 A BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 4, 2009 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 6ALDWIN V, A 4 H Manuel Lozano Monica Garcia Anthony J. Bejarano Marlen Garcia Ricardo Pacheco - Mayor - Mayor Pro Tem - Councilmember Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, para agenda on any matter posted on the agenda or hablar sobre cualquier asunto publicado en la agenda o on any other matter within its jurisdiction. If you cualquier tema que este bajo su jurisdiccion. Si usted wish to address the City Council or any of its desea la oportunidad de dirigirse al Concilio o alguna de Agencies, you may do so during the PUBLIC sus Agencias, podra hacerlo durante el periodo de COMMUNICATIONS period noted on the Comentarios del Publico (Public Communications) agenda. Each person is allowed five (5) minutes anunciado en la agenda. A cada persona se le permite speaking time. A Spanish speaking interpreter is hablar por cinco (5) minutos. Hay un interprete para su available for your convenience. conveniencia. A 1� ,grtle; i! p,.E.e i. `., . ,..�F. .�i:.( 4 h.+ a . .fir ..,e ti'k�'. .r s ".(� E�°pt.�a�",A��F�"d.. `?iN >',, i., l',�a ': br"f ,, .., i E. '.- .n,�<t "hat _� �[f, fJ..4x �-. e� �� .. <jr` F`c,, .,r"�fl'G'�e sl. f1.?.e�¢,t v. o3 'a7 Ffwor p�! t�•. t. t- t 21foo s �,�ri, to dj't6a >;_`e �'t Ate. wit's.. be for 3ls 3 {„(A {aOS wa. < s r v, , , at i 0 � E ���,6h",,', . �b �.{ lue, � _._ � _ i;.dCp N f t ,< , w4. t, eA= u 3 c, � e —00 6:00o CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation proclaiming March 9th - 13th as Adult Education Week in the City of Baldwin Park Recognition of Rayito & Leo Barajas in honor of their 69th Wedding Anniversary _ • Presentation by Southern California Edison on the Tehachapi Renewable Transmission Project PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter un less it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL 1NTERPRETE No se podra tomar accion en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. WARRANTS AND DEMANDS Staff recommends City Council receive and file. City Council Agenda — March 4, 2009 Page 2 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF FEBRUARY 18, 2009 — MARCH 3, 2009 Staff recommends City Council approve the preparation and presentation of the plaques, proclamations and certificates as outlined in the report. 3. MINUTES Staff recommends City Council approve the minutes of the special and regular meetings of February 18, 2009. 4. AWARD OF CONTRACT FOR THE ESTHER SNYDER COMMUNITY CENTER FIRE DAMAGE REPAIRS Staff recommends City Council 1) award a Construction Contract to Simgel Company, Inc. in the amount of $67,720; 2) authorize the Mayor to execute the Agreement; 3) appropriate $94,950.88 from the Allied Insurance Company Claim Funds (this amount was not budgeted this fiscal year and the remaining balance will become City revenue); and 4) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed fifteen percent (15 %) of the original contract amount. 5. AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE SYRACUSE AVENUE STORM DRAIN Staff recommends City Council 1) award a Construction Contract to Dominguez General Engineering, Inc. in the amount of $555,943; 2) authorize the Mayor to execute the Agreement; and 3) authorize the director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract amount. WIN gown • - •- MMENIA Staff recommends City Council approve the amendment to the Joint Powers Authority Agreement with Foothill Transit and authorize the Mayor to execute the amendment. 7. LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA- RICS) JOINT POWERS AGREEMENT (JPA) Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2009 -003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA -RICS) JOINT POWERS AGREEMENT (JPA) THUS AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA- RICS AUTHORITY; AND AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE THE JPA AGREEMENT" and direct staff to report back on the status of the LA -RICS Authority prior to the adoption of the funding plan with a recommendation whether to continue the City's membership in the JPA at that time. 8. NEW POLICE HELICOPTER AGREEMENT WITH THE CITY OF EL MONTE Staff recommends City Council approve the new agreement between the City of Baldwin Park and the City of El Monte for the delivery of police helicopter services and authorize the Mayor to execute the agreement. City Council Agenda — March 4, 2009 Page 3 SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 9. PUBLIC HEARING REGARDING FISCAL YEAR 2009 -2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE FUNDS Staff recommends City Council conduct the public hearing and following the public hearing 1) approve the use of 15% of the projected CDBG program income in the amount of $6,000 (15% of $40,000) as part of the public service allocation; and 2) approve the allocations for the FY 2009 -2010 CDBG public service programs by selecting either OPTION 1 — approving the Joint Commission / CDBG Advisory Committee's recommendations for funding; or Option 2 — approving the recommendations provided by the E -Team or Option 3 — revising allocations as the City Council deems appropriate. REPORTS OF OFFICERS 10. UPDATE ON FEDERAL ECONOMIC STIMULUS PACKAGE AND POTENTIAL FOR FUNDING FOR CITY PROGRAMS Staff recommends City Council receive the update on the Economic Stimulus Package and provide direction to staff. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS CERTIFICATION I, Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated February 26, 2009. Laura M. Nieto Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960 -4011, ext. 466 or via e -mail at Inieto(E7baldwin park. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — March 4, 2009 Page 4 f Q TO: Honorable Mayor and Members of the City Council FROM: Michael M. Blazenski, Interim Finance Director DATE: March 4, 2009 SUBJECT: Warrants and Demands The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. -T-Tel 16"COZ16110111 =W1 goo • The Finance Department has recently converted to a new financial system. The Claims and Demands report format has been modified and continues to report the required information in accordance with the Government Code. The payroll of the City of Baldwin Park consisting of check numbers 180450 —180451, 180532 — 180628 Inclusive, voids: 180450, 180532, 180545, 180549. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 018564 — 018823 for the period of January 25, 2009 through February 07, 2009 inclusive, have been presented and hereby ratified, in the amount of $449,254.05. General Warrants, including check numbers 173364 to 173587 inclusive, in the total amount of $750,020.28 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. Receive and File Report prepared by: HApodaca/GEMS M N M dl Ln to L� U H UvEiq M M M M z M M W M M M M M H o W U � O 61 O H 0 N d W w Q m F z a O z El N H M U � m H w W I Q m W i7 M k W M Q H H FG �x aww caU�w O O Q x z E W .. w E E Q U co CD x U a w w\ w xo w U 00 El N Q W E w x z U w wEl U U O U w x Cx U x w U x w v x U � O oa a w C4 CD z z z z z z z z z z z z z z H H H H H H H H H H H H H H Q Q q Q Q Q Q Q Q q Q q Q Q El El El El El P El El E E E E E E E E E E E H H E m m m m m m m p m m m E E E E E E E E E E H E E E q q W q q q Q Q �D Q �D Q O O O O O O O O O O O O O O N FC m N co CIQ cc) W W (D G) O aj 'j, N Co N a 10 O I H a m H N i c N a t- 1 W 1 M E M'j, O Q d+ N W Ln M Ln di FG M m :G N 01 Ol m O ID U I` H m Ln O H N H M d+ �D Ln M O7 L�r- P. 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P P; 9EE UI FC � aazxxaazxaazaaa a� aaaa w w w << < <� wE 0 00000000000000000000000 x x O arx aP,P4 azz aU) aW aw w w w w w w W W w w w W W w w w w w w w w w w w U H H E x a HH+HH �H+HH �H+H �H+H H�- +HHHHHH�H+HHHH '7ti ;4 co U) ,2", '?." _W _^ c U O PQ1 m O U) U1 v W v P, •� Il N N N N N N N N N N N N N N N N N N N N N N N N N H I—i N N N N H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 OOOOCO0000000cOOCO00o0 O <T <y+cf+d+cN J1 10 O M M M M M M M M M M M M M M M M M M M M M M M O H H H H H H H H H H H H H H H H H H H H H H H O I I I I I I I I I I I I I I I I I I I f I l i � � C() I 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 N N N O 000 0000 00 00000 0000 0(D 000 Lf) Ln M O H H H H H H H H H H H H H H H H H H H H H H H O O �o H M M M M M M M M M M M M M M M M M M M M M M M O O O H Ln Ln Ln Lr) Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Lf) Lr) Ln Ln I I I I I I I I I I I I I I I I I I I I I I I I 00000000000000000000000 0 H H H H H H H H H H H H H H H H H H H H H H H H M M M MMMM M M M M M M M MMMM MMMM M Ol 01 M(Y) I I I I I I I I I I I I I I I I I I I i l i i O O O i O O O o O O O O c O O O O O O O 0 0 O O O O O \ \ \ O M M M M M M M M M M (") M M M M M M M M M M M M H H H M I I I I I I I I I I I I I i I I I I I i l i i H H I o O O O O O O O O O O O O O O O O O O O O O O \ \ \ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N O H H H H H H H H H H H H H H H H H H H H H H H O O O H O H H Lo M O to Ln N M H Nd1 d1 [I O NH O N W NOLn O O OIo m Ol 001 Ln HLo Mh to �o 0[-Ln N loH M � d1 N O O [o W MNOID MH O1 Ln Ln H 0) d� lO CO* H H QI H In OEM 00 t o H t f) d 1 t` H O[ H h co O1 L n M O H N N O H O d 1 H N H H H H N H co O Lr) O Ln M O d O H O M Ln H Ln d Ln O I \ O H tf) H I \o N d O N O O O . p H [� M H � M O O 00 00 O O O O � I I Ln - Ln H H 000 O O O N N I I 00 00 0-1 O O O \ O O H O O H I I \oo N O O O H H O O O O O O N N L to H n n Lb M h M t/} N O O Lr) O O O O O O c C) CD r- O O O O Lr) O O O O H O 0 Lr) I I N I O I r- I M O O 1), O �o O of O �T O Ln M O Cl) O O H OIHM NH OH Hd� O M M O M O M O N Lf) Lo Ln Ln N I I I i I H O H O O r- Ln d+ o m Lf) Lo l m Ln m M m O O I I O I O 1 O 1 \ 0 0 \ O \ O \ O H Ln L1) H Ln H M H M H I I H 1 H 1 H I \ H H \ O \ O \ H N Ln Ln N d1 N O N O O N N O N O H O Ln O H Ln O 000 Ln H mto 00 •00 Ln . 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DATE: March 4, 2009 SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of February 18, 2009 — March 3, 2009 PURPOSE The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTS /RECAP The following requests for plaques and certificates were received: RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Prepared By: Rosa Caballero, Administrative Clerk 11 Time /Date /Place of Date Needed Requested B ;' List of Honorees Presentation Mayor Lozano Whitney Tsai and Julie TBD /March 2 nd Certificate Nguyen Students from Santa Fe Elementary 03 -02 -09 Santa Fe — Participants in BPUSD Spelling Bee Councilmember Manuel Penate, Royal 12:OOpm /March 8 th Certificate Marlen Garcia Ranger Earned Bronze Church of the 03 -08 -09 Medal of Achievement Redeemer Mayor Lozano BPHS Cheerleaders 7.00pm /March 18 Certificates Winning the Title of City Council Meeting 03 -18 -09 National Champions Councilmember Mary Dosa Incoming BP 7:OOpm /May 6 th Certificate Marlen Garcia Woman's Club President City Council Meeting 05 -06 -09 and for recognition of being named Citizen of the Year RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Prepared By: Rosa Caballero, Administrative Clerk 11 CITY OF BALDWIN PARK CITY COUNCIL MINUTES a 4� Manuel Lozano, Mayor /Chair Monica Garcia, Mayor Pro Tem /Vice Chair Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Council Members /Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. ROLL CALL Present: Council member Marlen Garcia, Council member Bejarano, Mayor Pro Tem Monica Garcia, Mayor Lozano. Absent: Council member Pacheco. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Deputy City Clerk Nieto. Council member Pacheco arrived at 6:04 p.m. NONE RECESS TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9(a)) Case Name: Steve Molina v City of Baldwin Park Case Number: WCAB No. ADJ3551951 (RIV 007 0679) Case Name: Matthew Flores v. City of Baldwin Park Case Number: WCAB No. VNO 0552760 Case Name: Enrique Rodriguez v. City of Baldwin Park Case Number: WCAB No. VNO 0552140 RECONVENE IN OPEN SESSION Page 1 of 2 The Council reconvened in open session at 7:00 p.m. with all members present REPORT FROM CLOSED SESSION No reportable action was taken ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council at their meeting held March 4, 2009. Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, FEBRUARY 18, 2009 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. INVOCATION Led by Pastor Jackson Present: Council member Marlen Garcia, Council member Bejarano, Council member Pacheco, Mayor Pro Tern Monica Garcia, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. ANNOUNCEMENTS Council member Marlen Garcia recognized the dignitaries in attendance. City Treasurer Contreras adjourned in memory of Rebecca Baca, resident and recognized dignitaries in attendance PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation to Baldwin Park High School Girls Soccer team in recognition of their athletic achievements Presentation deferred to a future date Page 1 of 6 Presentation to Sierra Vista High School Lady Dons Varsity Basketball team in recognition of their athletic achievements Council member Marlen Garcia spoke about the newspaper article that highlighted the team and their accomplishments. Each Council member and the City Clerk acknowledged the team and thanked them for the positive contribution they had on their school and the community Mayor Lozano requested that a picture of the team be placed in the next issue of the NOW and that they be placed on the marquee at Morgan Park Coach Locklear spoke about the team's record as well as the average grade point average of the players and thanked the Council and Community for the support that they've shown the team Mayor Lozano, joined by the Council, Clerk & Treasurer presented the team & their coach with certificates of recognition Proclamation proclaiming February as American Heart Month in the City of Baldwin Park Proclamation was read by Mayor Pro Tern Monica Garcia PUBLIC CGMMU 1ICATKONS Mariana Lake, Valley County Water Board member expressed her pride in the girls basketball team and the accomplishments of the youth in the community Thomas Cary, resident spoke about a Council request item on the agenda related to stop signs; the housing market; Bisno Development; Superior Market and potential revenues Simon Guillien, resident & property owner commented about the cost to produce the NOW Greg Tuttle, business owner spoke about past due invoices related to the proposed downtown redevelopment project, potential revenues from Superior Market and Consent Calendar Item #6 Cruz Sembello, resident reiterated that she is a Baldwin Park resident. She congratulated the girls who were recognized, spoke about gang issues and the need for unity in the city Cecilia Lee, business owner congratulated the Council for the opening of a Fresh & Easy in Baldwin Park and spoke about CARA and the goals they hoped to achieve. Expressed her desire for there to be transparency in city government Al Robledo, resident spoke about the need for more police officers in the city Public Communications were closed at 7:35 p.m. Council member Pacheco reported his attendance at an Independent Cities Page 2 of 6 Association conference and the sessions he attended, specifically regarding graffiti abatement CEO Singhal spoke about the three -party consultant services agreement related to Bisno Development and past due invoices City Attorney Pannone explained that no public funds have been expended related to the proposed downtown redevelopment project. No costs will be incurred unless there are funds in the account, paid by the developer Mayor Pro Tern Monica Garcia spoke about the progess being made related to the proposed MRF in Irwindale and a recent public meeting held on the subject. She also addressed the issue of public safety and what actions are being taken to be proactive and promote safety in the community. She further commented about the effects that the economy could have on crime and that public safety is a priority. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item Nos. 5 & 6 Moved by Mayor Lozano, seconded by Council member Bejarano. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF FEBRUARY 4, 2009 THROUGH FEBRUARY 17, 2009 City Council approved the preparation and presentation of the proclamations, plaques and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the special and regular meetings of February 4, 2009 and the special meeting of February 11, 2009. 4. CITY OF BALDWIN PARK'S COMPREHENSIVE ANNUAL FINANCIAL REPORT AND RELATED AUDIT REPORTS FOR THE FISCAL YEAR ENDING JUNE 30, 2008 City Council received and filed the City of Baldwin Park's Comprehensive Annual Financial Report, Single Audit and Report of Independent Auditors on Compliance and on Internal Controls, all for the fiscal year ended June 30, 2008. 7. METRO LINK AND PARK -N -RIDE PARKING PLAN The following item was pulled by Council member Beiarano for separate discussion: Page 3 of 6 5. APPROVE THE DESIGN FOR THE FRANCISQUITO AVENUE REHABILITATION PROJECT AND AUTHORIZE ITS ADVERTISING FOR CONSTRUCTION BIDS Council member Bejarano requested that staff give an overview of the projects and what they entailed. Director Galvez provided background on this item and explained what improvements would be made related to this item. He also spoke about the funding sources and grants that were received. In response to an inquiry from CEO Singhal, Director Galvez spoke about the materials that were going to be used on this project and their durability Council member Bejarano thanked staff for being proactive City Council approved the design (Plans, Specifications and Engineer's Estimate - P S & E) for the Francisquito Avenue Roadway Rehabilitation and authorized staff to advertise the project for construction bids. The following item was pulled by Mayor Lozano for separate discussion: 6. AWARD A CONSULTANT SERVICES CONTRACT FOR DESIGN OF THE RAMONA BOULEVARD IMPROVEMENTS TO SUBMIT THE PROJECT UNDER THE FEDERAL STIMULUS BILL CEO Singhai spoke about the projects that were submitted for consideration of funding and explained why the item was necessary Director Galvez spoke about the potential rehabilitation that could be done with these federal funds and explained what type of work would be done related to this item. Also explained that matching funds were not required and that minimal funds would have to be expended. The Ramona Boulevard project was eligible to use these funds Motion: 1) authorize expending $20,000 to engage Transtech Engineer's to prepare plans and specifications for the Ramona Boulevard Rehabilitation project; 2) authorize staff to appropriate $10,000 from the Gas Tax fund (there are sufficient funds available;) and 3) authorize staff to appropriate $10,000 from the Prop C Funds (sufficient funds are available.) Moved by Mayor Lozano, seconded by Council member Bejarano. SET MATTERS - PUBLIC HEARINGS 8. PUBLIC HEARING TO CONSIDER APPROVAL OF AMENDMENT NO.2 TO FISCAL YEAR 2005 -2010 FIVE YEAR CDBG /HOME CONSOLIDATED PLAN AND AMENDMENT NO. 1 TO FY 2008 -2009 ANNUAL ACTION PLAN Housing Manager Ruelas presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. Seeing no interest, the public hearing was closed. Motion: Approve proposed Amendment No. 2 to the FY 2005 -2010 Five Year CDBG /HOME Consolidated Plan and proposed Amendment No. 1 to the FY Page 4 of 6 2008 -2009 Annual Action Plan. Moved by Mayor Lozano, seconded by Council member Marlen Garcia. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tern Monica Garcia for discussion on the following: Council discussion and direction to staff for the installation of a stop sign at Olive St. and Elton St. Mayor Pro Tern Monica Garcia commented that this item was requested by a constituent. CEO Singhal advised that a traffic study was conducted and Director Galvez stated that a city -wide traffic study was conducted and a public hearing would be forth coming. Council member Bejarano inquired if Phelan & Bleeker was included and Director Galvez spoke about a geometric change at that location and the appropriateness of a stop sign Council discussion and direction to staff to bring recommendations on how to best position the city to benefit from Federal stimulus money Mayor Pro Tern Monica Garcia spoke about the need to strategize and possibly engaging a lobbyist or collaborating with other cities to obtain funds available through the economic stimulus package CEO Singhal spoke about the collaboration the city had with El Monte and suggested that an item be brought back for Council consideration at the next meeting to identify funding opportunites Council member Pacheco requested that staff contact our state legislators to determine how representation could be obtained Mayor Lozano announced that the budget has not yet been passed in Sacramento and requested that a letter of encourages s Bent be sent to the Republican minority leader. He further spoke about an item in the stimulus package related to benefits for Filipino- American veterans Mayor Lozano requested Victor Borjas be recognized for his military service and that it be placed in the NOW Council member Marlen Garcia reported her attendance at the Independent Cities Association Conference and the newly approved Council policy regarding the hiring of residents. Also addressed the issue of increased gang activities and that it is not only affecting this city but others cities as well. She spoke about programs and activities that were in place for the benefit of the community. Chief Hadsell spoke about the Gang Apprehension and Prevention team and the actions that they were taking and commented on collaborations with the Page 5 of 6 school police. She assured the public that her department was doing everything to keep the community safe. Mayor Lozano spoke about the impacts that were made in the community and commended the Police Department for their actions. Council member Marlen Garcia spoke about an action taken by the Los Angeles County Board of Supervisors related to sex offenders and requested that staff look into implementing a similar policy in Baldwin Park Mayor Pro Tern Monica Garcia reported her attendance at the Independent Cities Association Conference and that the focus was on public safety Council member Pacheco reported graffiti at 3851 Maine and requested that staff remove it. He also spoke about "shot- spotter' technology that was discussed at the ICA conference. Council member Bejarano stated that the crime rate in the city had declined over the past two year. Council member Pacheco spoke about the types of serious crimes that were being committed in the city ADJOURNMENT There being no other matters (utters for discussion � t le meeting was adjourned in � memory of Rebecca Baca at 8:18 p.m. Approved as presented by the Council at their meeting held March 4, 2009. Laura M. Nieto Deputy City Clerk Page 6 of 6 P - A - R - K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: March 4, 2009 AWARD A CONTRACT FOR THE ESTHER SNYDER COMMUNIT CENTER FIRE DAMAGE REPAIRS ..• This report requests that City Council consider an award of a contract to Simgel Company, Inc,. in ti amvunt of $67,72v to r c°.pair fir damage to the Esti ieY Snyder's Community Center women's pool locker room area. in early 2008 during a routine plumbing repair, Hobb Tyler (plumber) accidentally caused a fire that lead to structural damage to the Community Center's wood frame, roof, HVAC, electrical, and plumbing systems. Risk management staff and our City Attorney have been working with the plumber's insurance company (Allied Insurance) to address the damage and effectuate the repairs. The insurance company has offered to pay $94,950.88 to the City. The insurance company's contractor could not complete the repairs for that amount, so the work has remained incomplete. In order to expedite and effectuate economic repairs, staff sought to bid the work in an open market as a Public Works contract. Staff also engaged a structural engineer to ensure quality and proper repairs. On January 16, 2009, the City advertised a Notice Inviting Bids after completing plans and specification for the repairs. On February 5, 2009, seven (7) bids were received, opened, and declared publicly. A summary of the bids received is included as Attachment "A." Award a Contract for the Esther Snyder Community Center Fire Damage Repairs Page 2 of 3 March 4, 2009 DISCUSSION On the same day of the bid opening, a protest by the third low bidder was filed (Attachment "B ") requesting that the City disqualify the two lowest bids on the grounds of not specifying certain subcontract work. Bid Protest Staff has reviewed the protest and has sought a review by the City Attorney. Essentially, the protest claims that any work not performed by the prime contractor which exceeds 1/2 of 1 % of the bid (which in this case is $338.60) must be listed in the L.'.J + Ir. AA;4 -'.. r. +4... +. -. +r. r! that fire sprinkler rv� sir c� LAU as a subcontract. in auuItion, L11G protestor JLQtGU L110L 111V J reyLall�J a specialty contractor's license (C -16) which Simgel does not have. The protest assumes the line item for fire sprinkler repairs ($2,000) would be the amount of a subcontract should one have been obtained by Simgel. Staff has verified that the work will be supervised by a licensed C -16 contractor for approximately $200, and that the line item of $2,000 will cover all related costs incurred by Simgel for materials, support labor, overhead, and profit. Moreover, it is staff's opinion that: 1. The work item in question is completely a minor component of the repairs. We estimate two sprinkler heads need to be replaced. 2. Not listing subcontractors or vendors for minor work items is common, although the Public Contracts Code indicates anything exceeding of '/2 of 1 % of the contract should be specified. 3. Most of the bids we received did not list all subcontractor and vendors, including the protestor. Staff estimates that all the contractor's bidding the work will use multiple vendors exceeding $1,000, including the protestor, yet most bids listed nothing. The City Attorney concurs with the above staff analysis, and adds that as long as the contractor doesn't let any subcontractor do any work over the above $338.60, unless it's a listed subcontractor, the bid is valid. It is staff's opinion that the protest was filed based on a technicality, and that the City should move forward with the repairs. Staff therefore requests that the City Council deny the protest we received. Bid References Simgel's bid was reviewed for completeness, references were checked, and the contractor's license was verified to be current, active, and in good standing. The contractor will be given 75 days from the date of issuance of the notice to proceed to complete all work described on the plans and specifications. Work is anticipated to be completed in June 2009 in time for the summer recreation programs. Award a Contract for the Esther Snyder Community Center Fire Damage Repairs Page 3 of 3 March 4, 2009 Contingency costs in the building construction trades are typically higher than standard Public Works construction projects due to building repairs dealing with many more unknowns. For this reason, we are asking for an additional 5% contingency (equates to $3,386 additional) above the standard 10 %. FISCAL IMPACT There is no impact on the General Fund. The following is the status of anticipated expenditures: Anticipated Construction Expenditures ........ ............................... ..................... ................................... ,.......................... ...................... .. ..... Construction Contract $67,720 ....................................... . .................................... . . . . . . .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . ......................... . ................................................... . . . . . . . . ............................................... . . . . . . _ . . . . . . . . . . . . . . . . . . . .................... . ......................... ... ..... .................. . . . . . . . . . . . . . . . . . . . . . .. .............................. 15% Contingency $10,158 ........... ..... .................................................. .................................... .................................. ..................... ............................................... ....................... ......................... .............. ......................... ............... .....................: ..................... .............................. ....................... Total Anticipated Expenditures $77,878 Based on the above expenditure levels, the City will retain the balance of approximately $12,072 remaining unexpended from insurance proceeds to cover our soft cost for administrative tasks and inspection, Staff recommends that the City Council: 1. Award a Construction Contract to Simgel Company, Inc. in the amount of $67,720; and 2. Authorize the Mayor to execute the attached agreement; and 3. Appropriate $94,950.88 from the Allied Insurance Company Claim Funds (this amount was not budgeted this fiscal year and the remaining balance will become City revenue); and 4. Authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed fifteen percent (15 %) of the original contract. ATTACHMENTS A. Summary of Bids Received B. Protest Letter C. Construction Contract / Agreement D. Proof of State Contractor's License Attachment A ESTHER SNYDER COMMUNITY CENTER FIRE DAMAGE REPAIRS Bidder's Summary No Contractor Base Bid Notes 1 Simgel Company, Inc. $67,720.00 2 Nature Tech Landscaping, Inc $70,979.95 3 Landmark Site Contractors $96,830.00 4 Fast -Track Construction Corporation $87,748.71 5 Landmark Site Contractors $96,830.00 6 Omari Construction $121,029.95 7 California Siding, Inc. N/A Disqualified — Incomplete Bid 8 9 10 11 12 13 14 15 16 19 20 GA120 City Council \2009 \199 AttachmentsWomen 'sLockerRmRepair Revl.doc 02/05/2009 01:34 6268588658 ABEAM CONSTRUCTION I PAGE 01101 ABEAM CONSTRUCTION INC. 267 East Badido Stmet, Covina, CA 01723 Tel: (826) 332-8877 Fax: ) M- WO LIC. 0 635698 Tea; City of iq*14'rWia 1p" Date: 5� 2009 Ann. David Lopez-Amxjae 122am—eer Fax: (2f 962. From I'Arry Santos Ijbject.- Did Protest for awarding the project to the 11m agd Vd lowest bidder No, of pqp - (inc ft QQVAW Acd) ME: ESTHER SNYDER C0NRVWNffV "NTER FIRE DAMAGE REPAW We are fbtu"y protesting any award of tip cow to S Co. Inc. and Mature Tech. LandscapiRg Im as fluir bid was non-reVonsive. A publiC agency mmot Wam' a defidency m a bid thw give* the W44er an unffir a&vantaue. Cleativ, the fkilwe to list a rimed Fire Sprialder subconuvoor (mmot be =rd, or that is m unfair advantage It is an advantage other bidden did not have. Accordingly, we request tl= you r*ea the bid of Slns4 Ca. bm and Nature Tedh Land i SeVIng Inc. as non-mpomve end award the con to third lost bidder, as Our bid wu reVond►e and aW 16.5% lovier tbau the enghmes esdmao- RespmMly, cc: Even Jones DOVM4 loam SECTION D. CONTRACT Attachment C ESTHER SNYDER COMMUNITY CENTER FIRE DAMAGE REPAIRS AGREEMENT THIS AGREEMENT, made and entered into this 4th day of March , 2009 , by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and Simqel Company, Inc. "CONTRACTOR." WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. The complete Construction Contract / Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Esther Community Center Fire Damage Repairs (the "Work of Improvement ") all in accordance with the Contract Documents and CONTRAC T vR'S Proposal dated February 5, 2009 CONTRACTOR agrees to perform all the work and furnish all the materials at his own cost and expense necessary to construct and complete in a good and workman- like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the stipulated sum of Sixty -Seven Thousand Seven Hundred twenty Dollars ($67,720.00) which is based on performing all work related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of a "Notice To Proceed ", and to G: \120 City Council \2009 \199 Attach mentsWomen 'sLockerRmRepair Rev1.doc continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within ( 75 ) Calendar Days (also specified in the CONTRACTOR'S Bid Proposal) from the commencement date stated in the "Notice to Proceed ". 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($250.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. IN WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written. Simqel Company, Inc. CONTRACTOR 1 (Title) GA120 City Council \2009 \199 Attachm entsWom en'sLockerRm Repair Rev1.doc ATTEST: CITY CLERK CITY OF BALDWIN PARK Manuel Lozano, MAYOR G'':• - • CITY ATTORNEY GA120 City Council \2009 \199 AttachmentsWom en'sLockerRm Repair Rev1.doc CITY OF BALDWIN PARK EXHIBIT "A" ESTHER SNYDER COMMUNITY CENTER FIRE DAMAGE REPAIRS Notice Inviting Bids Instructions to Bidders & Information for Bidders Bidder's Proposal Contract / Agreement Specifications Documents in the Appendix (if any) Modifications and Amendments thereto D.2 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State License Board Page 1 of 2 e �� o on 1� �. €tea �. � ��: �� rlatrs Contractors State License loard Attachment D Contractor's it - License # 638371 & DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. • CSLB complaint disclosure is restricted by law (B &P 71248. If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. • Per S P 707117, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 638371 Extract Date: 02123/2009 SIMGEL CO INC Business Information: 2035 WESTWOOD BLVD SUITE 212 LOS ANGELES, CA 90025 Business Phone Number: (310) 475 -7663 Entity: Corporation Issue Date: 02/24/1992 Expire Date: 02/28/2010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION B GENERAL BOIL ING CONTRACTOR Classifications: _ C -8 CONCRETE A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number GCL1150887 in the amount of $12,500 with the bonding company INTERNATIONAL BU SINESS ANU MEF?CAN € IL E REASSURANCE COMPANY. Effective Date: 01/01/2007 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) EMANUEL SASOONES certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 02/24/1992 This license has workers compensation insurance with the Workers' Compensation: STATE COMPENSATION INSUr ANCE:=UND Policy Number: 238 - 0003643 Effective Date: 11/01/2007 http:// www2. cslb. ca. gov/ OnlineServices/ CheekLicense /LicenseDetail.asp ?LicNum= 638371 2/23/2009 i ( �7 TO: Honorable Mayor and Members of the City Council 4 FROM: Edwin "William" Galvez, Director of Public Works DATE: March 4, 2009 STORM SUBJECT: AWARD A CONTRACT FOR THE CONSTRUCTIOR, OF TA SYRACUSE AVENUE This report requests that the City Council consider an award of a contract for the construction of ii ie Syracuse Avel ue Storm Drain to Dominguez General al Engineering, Inc. in the amount of $555,943. BACKGROUND On January 21, 2009, the City Council approved the plans and specifications for the Syracuse Avenue Storm Drain and authorized staff to advertise the project to obtain construction bids. Staff has advertised the project by publishing a "Notice Inviting Bids" in accordance with the provisions of the Government Code and in accordance to the requirement of the Housing and Urban Development provisions, as required for the use of CDBG funds. On February 19, 2009, twenty -five (25) bids were received, opened, and declared publicly. A summary of the bids received is included as Attachment "A." DISCUSSION Staff performed a bids analysis and the initial apparent low bidder, Peters Concrete Company was determined to be non - responsive due to gross mathematical errors in their bid. Peters Concrete Company also recognized their error and formally requested to be disqualified. Moreover this contractor lacks demonstrated experience in storm drain construction. Staff therefore has determined that the lowest responsive bid was submitted by Dominguez General Engineering, Inc. in the amount of $555,943. This contractor has recently completed similar storm drain improvements for the Cities of Manhattan Beach and Palos Verdes Estates. This contractor has a Class A - General Engineering Award a Contract for the Construction of the Syracuse Avenue Storm Drain March 4, 2009 Page 2 of 2 Contractor's license in good standing with the State Contractors' Board. An internet and background search was done and it showed no irregularities regarding the Contractor. Dominguez General Engineering, Inc. has also expressed interest in participating in the City's newly adopted policy which provides incentives to contractors to encourage hiring of City residents /businesses for City funded construction contracts. Staff will work out the details of this policy with the Contractor to confirm the level of their participation. FISCAL IMPACT 1 '1L. 4L. T here is no General - gid impact associat ed wiLI l U l e staff recommendations 11. 1 er e' n identified. The following tables summarize the status of available funds and anticipated project expenditures: Project Expenditures ... ...................................................................................................................................................................................................................................................... ............................... Construction Contract $556,000 ........... . .............................. . ................... . . . . . . . . . . . . ........................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... ......................... ...... .............. . . ....... .... ... ....... . ........................ Construction Contin enc 10/0 $55,600 ....................................................................................................................................... ...._9.....................Y... (..........................)......................................................................................................:................................... ............................... Insaection & Testina $70,000 Total Anticipated Expenditure $681,600 RECOMMENDATION Staff recommends that the City Council: 1. Award a Construction Contract to Dominguez General Engineering, Inc. in the amount of $555,943; and 2. Authorize the Mayor to execute the attached agreement; and 3. Authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract. ATTACHMENTS A. Summary of Bids Received B. Construction Contract / Agreement C. Proof of State Contractor's License Attachment A Syracuse Avenue Storm Drain No Contractor Bid Notes 1 Peters Concrete Company $347,192.00 2 Dominguez General Engineering, Inc. $555,943.00 Lowest Responsive Bid 3 Gentry Brothers, Inc. $556,120.00 4 Vasilj, Inc. $566,766.00 5 MNR Construction Inc. $575,345.00 6 CP Construction Company, Inc. $577,995.00 7 Mike Bubalo Construction Company Inc. $592,390.00 8 JA Salazar Construction & Supply Corp. $599,175.00 9 Paulus Engineering, Inc. $619,759.00 10 E &R Construction, Inc. $625,830.00 11 SRD Engineering, Inc. $629,132.00 12 Palp Inc DBA Excel Paving Company $636,850.00 13 Garcia Juarez Construction, Inc. $664,835.00 14 DLSB, Inc. $669,375,00 15 Beador Construction Company, Inc. $672,700.00 16 Papac $673,536.00 17 KZC Construction, Inc. $674,798.00 18 Ramona, Inc. $699,380.00 19 Majich Bros, Inc. $710,053.00 20 Mike Prlich & Sons, Inc. $718,177.00 21 KIP, Inc. $730,785.00 22 Clarke Contracting Corporation $739,000.00 23 LA Builders, Inc. $804,035.00 24 Southern California Pipeline Construction, Inc. $844,210.00 25 Doty Bros Equipment Company $1,239,186.00 Attachment B SECTION D. CONTRACT SYRACUSE AVENUE STORM DRAIN IN THE CITY OF BALDWIN PARK AGREEMENT THIS AGREEMENT, made and entered into this 4th day of March , 20 09 , by and between CITY OF BALDWIN PARK, CALIFORNIA, a general law city, hereinafter referred to as "CITY" and Dominguez General Engineering, Inc "CONTRACTOR." WITNESSE T H: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. The complete Construction Contract / Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Special Provisions. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Syracuse Avenue Storm Drain (the "Work of Improvement ") all in accordance with the Contract Documents and f- APT f -%M1C 0 7nnn CNTRA%., a vx v r oposal dated February �n 4_vva CONTRACTOR agrees to perform all the work and furnish all the materials at his own cost and expense necessary to construct and complete in a good and workman -like manner and to the satisfaction of the City Engineer of the CITY, the Work of Improvement in accordance with the plans, specifications, and Contract Documents (the "Specifications ") therefore prepared by City's Engineering Department and adopted by the City Council. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement the stipulated sum of five hundred fifty five thousand, nine hundred forty -three Dollars ( $555,943.00) which is based on performing all work related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CITY agrees to make monthly payments and final payment in accordance with the method set forth in the Specifications. 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of a Notice To Proceed, and to continue in a diligent and workman- like manner without interruption, and to complete the construction thereof within Seventy Five - ( 75 ) - calendar days (also specified in the CONTRACTOR'S Bid Proposal) from the commencement date stated in the Notice to Proceed. 5. Time is of essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees nn the ignrL of improvement a sala y or wage at least eq. ual to the prevailing salary or wage V11 ,11V YYV111 improvement VII, U established for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and /or State rates of wages applicable to the Work of Improvement. CONTRACTOR understands this is a federally assisted construction project and Federal Labor Standards, including Davis -Bacon Act requirements, will be enforced. CONTRACTOR acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. |N WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have caused the names of said parties to be affixed hereio, each in triplicate, the day and year first above written. CHIEF DEPUTY CITY CLERK CONTRACTOR BY (Tide) BY CITY {JFBALDW|NPARK Manuel Lozano, MAYOR APPROVED ASTDFORM: CITY ATTORNEY Attachment C Check a License or Home Improvement Salesperson (HIS'i Registration - Contractors Stat... Page I of I ne"-'-c Oat- Contractors State Liven 'sim,"Soard- Cc-mitractor's 41-icense, DetaH - License, # S14046 A' -„„', DISCLAIMER: A license status check provides information taken from the CSLIa license database. before relying on this information, you should be aware of the following limitations, CSLb complarni disclosure iii reziricted by iaw M6_' If this entity is subjev,to puo €ic complaEnt disc €asurL, a link for complaint disclosure will appear below. Click or the link or button to obtain coma -saint andlo, lecal action inic, M.- abon, Per Rk-J-,; I only construction related civil judgments reporled to the CSLB arc- di Arbitrations are :tot listed unless tne contractor falls to comply witii the term,, of the arbitration. Due to work4ac, there may be relevant mformat-or, that has nor, yet been entereal onto ',he Board's license database. License Number: 814046 Extract Date: 0212"0091 . ............ DOMINGUEZ GENERAL ENV.NEERING INC Business Information: PC BOX 6234 ROSEMEAD. CA 91770 Copyriight,'-1 2009 State of California http:!Iiwww1.cslb.c,-i.(-YoN,-/OnlineServices/Chccb-,Lice nse,/LicenseDetailrasp 2,221/2009 Business 1Phone Number. (626) 4422-7444 ............. 8nflty: Corporation . ...... .. ...... - -... - ........ .... ........... ------ - ------ -- ---- ----------- - - ---------- Issue Date: 10125,12OD2 Reissue Date: 1210412006 Expire Date, License Status: This license is current and active -,fill information below should be reviewed. ------------- - --------- Ast Classifications: A -- -- ---- - - This Hoarse filed Contractorrs Bond number 69982521 in the amount of $12,500 with the bonding company R [f7 Y `;OAAL %NY, Effective Date: 01101,7007 Bonding: nK1)RtD UF OUALiFYING WMVIDR14L 1. The Responsible Managing Officer (RMO) ADOLFO DOMINGUEZ certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of quallifying individual is not required. Effective Date, 12104;2006 ...... . . .. . This ficerse has workers compensation insurance with the S T fL H-1 Policy Number: DTEUB6822W4060B Workers' Compensation: Effective Date: IW0V2008 Expire Date: 10101.2009 bsted-or thia-il Courrent or-amarsocisied) are iisled or, diner lice ng es Copyriight,'-1 2009 State of California http:!Iiwww1.cslb.c,-i.(-YoN,-/OnlineServices/Chccb-,Lice nse,/LicenseDetailrasp 2,221/2009 r � I MAR - 4 2009 ITEM NO-__��_ P ' A ' R ' K CITY OF BALDWIN PARK STAFF REPORT TO: Honorable Mayor and Members of the Ci C—unci FROM: Vijay Singhal, Chief Executive Officer DATE: March 4, 2009 SUBJECT: APPROVAL OF AMENDMENT TO JOINT POWERS AUTHORITY AGREEMENT WITH FOOTHILL TRANSIT TO ADD THE CITY OF PURPOSE The purpose of this report is to request City Council approval of an amendment to the Joint Powers Authority (JPA) Agreement with Foothill Transit approving the addition of the City of Pasadena as a member city. BACKGROUND AND DISCUSSION Foothill Transit operates both commuter express service and local service between the communities who are members of the Foothill Transit Joint Powers Authority (JPA) and the City of Pasadena. Interest has been expressed by both the City of Pasadena and the Foothill Transit Governing Board to have Pasadena join the JPA. If Pasadena joins the JPA, the city would have a seat at the policy table and could more effectively provide input regarding the services that Foothill Transit provides. Political influence in Sacramento & Washington D.C. would also be gained if the city were a member. At the Annual Meeting on May 7, 2008, the Foothill Transit Governing Board unanimously voted to extend an invitation to the City of Pasadena to join the JPA. In order for the invitation to be accepted, all current member organizations of Foothill Transit must ratify its addition as a new member. On November 5, 2008 in response to a request from Foothill Transit, the City Council unanimously approved a letter of support of the City of Pasadena becoming a member city. On October 30, 2008 the Governing Board unanimously voted to request that all JPA member organizations formally approve amending the Foothill Transit JPA Agreement to add the City of Pasadena as a member. This now requires the Baldwin Park City Council to approve the new JPA which will admit Pasadena as a member. RECOMMENDATION Staff recommends City Council approve the amendment to the JPA Agreement with Foothill Transit and authorize the Mayor to execute the amendment. Attachment • Amended Joint Powers Authority Agreement • Letter of Support AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITIES OF ARCADIA, AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA, DIAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE, LA HABRA HEIGHTS, LA PUENTE, LA VERNE, MONROVIA, PASADENA, POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT AND WEST COVINA CREATING AN AGENCY TO BE KNOWN AS FOOTHILL TRANSIT THIS AGREEMENT, dated the 14th day of April 1988, is entered into between the COUNTY OF LOS ANGELES, a political subdivision of the State of California, the CITIES OF ARCADIA, AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA, DIAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE, LA HABRA HEIGHTS, LA PUENTE, LA VERNE, MONROVIA, PASADENA, POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT and WEST COVINA, each a municipal corporation of the State of L!..clliit___•_ , (collectively rerC__Cd 'to as Cities" herein.) WITNESSETH: WHEREAS, Cities and County are empowered by law to plan, contract for and operate public transit services as authorized by the Los Angeles County Transportation Commission's approval of the local transportation zone on December 2, 1987; WHEREAS, the County and Cities in the San Gabriel Valley are desirous of providing public transit services on a more cost effective basis in the area of the approved transportation zone; WHEREAS, it is deemed advisable for Cities and County to jointly exercise their common powers in the manner set forth in this Agreement; FT Joint Powers Agreement - 081024 Signature.doc WHEREAS, on September 25, 1995, the Los Angeles County Metropolitan Transportation Authority, the successor agency to the LACTC, designated the Agency as an included municipal operator, as defined by Public Utilities Code section 99207, effective July 1, 1996; NOW, THEREFORE, Cities and County, for and in consideration of the mutual benefits, promises and agreements set forth herein, agree as follows: Section 1. PURPOSE AND BENEFIT The Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government of the State of California (commencing with Section 6500, hereinafter referred to as "Act ") relating to the joint exercise of powers referred to in the above recitals. Cities and County each possess the powers referred to in the above recitals. The purpose of this Agreement is to exercise such powers jointly by planning, contracting for and operating public transit services as authorized by the Los Angeles County Metropolitan Transportation Authority's approval of the included municipal operator to provide more cost effective service. Stich purposes will be accomplished and said common powers exercised in the manner set forth in this Agreement. Section 2. TERM. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of three years from the date service begins, unless continued for a longer term by an extension of the approval of the included municipal operator by the Los Angeles County Metropolitan Transportation Authority, provided that the term shall not expire until all Bonds, as that term is defined in Section 11 herein, are provided for and issued pursuant hereto and the interest thereon shall have been paid in full or adequate provision for such payment have been made as set forth in the proceedings for the issuance thereof, whichever date is earlier. FT Joint Powers Agreement - 081024 Signature.doc Page 2 Section 3. FOOTHILL TRANSIT. A. Creation of Foothill Transit. Pursuant to the Act, there is hereby created a public entity, separate and apart from the parties hereto, to be known as "Foothill Transit ". The debts, liabilities and obligations of Foothill Transit shall not constitute debts, liabilities or obligations of either Cities or County. Foothill Transit will defend, indemnify and hold harmless the Cities and County for liability arising as a result of this Agreement. B. Foothill Transit Governing Board Members. Foothill Transit shall governed by the Foothill Transit Governing Board ( "Governing Board ") consisting of one elected city council member or mayor from each City and three members appointed by the Board of Supervisors. Each City may also select an alternate who is also an elected city council member or mayor from that City. No person who receives the substance of his /her income from another transit operating agency may sit on Foothill Transit or Executive Board. n L. Foothill Transit Executive Board Members. Foothill Transit shall have an administrative entity, the Executive Board ( "Executive Board ") composed of five members of the Governing Board at the time of their appointment to the Executive Board, each serving in his /her individual capacity as a member of the Executive Board. One named alternate may be selected for each Board member under rules which the Governing Board may adopt. . One member shall be a County appointee. Four members and their alternates shall be selected from Governing Board members from the Cities according to rules which the Governing Board may adopt, provided that each such Executive Board member and each alternate shall at all times be an elected city council member or mayor of a member city. D. Meetings of the Governing_ Board and Executive Board. (1) Regular Meetings. FT Joint Powers Agreement - 081024 Signature.doc Page 3 The Governing Board and Executive Board shall provide for regular meetings; provided that the Governing Board shall hold at least one regular meeting in each year and the Executive Board shall hold at least one meeting per quarter and there shall be such further meetings as a quorum of either board may reasonably request depending upon the pressure of business. The dates upon which and the hour and place at which any regular meetings shall be held be fixed by resolution and a copy of such resolution shall be filed with Cities and County. The place of the regular meetings shall be within the Foothill Transit service area. (2) Ralph M. Brown Act. All meetings of the Governing Board and Executive Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). (3) Minutes. The Secretary of Foothill Transit shall cause minutes of regular, adjourned regular and Special meetings t0 be kept, and shall, as SvOn as possible after each :;seating, Ca. a COp`y' of the minutes to be forwarded to each member of Foothill Transit. (4) Quorum. Fifty percent plus one of the members present at a Governing Board or Executive Board meeting shall constitute a quorum for the transaction of business, except that lesser number may adjourn for lack of a quorum. E. Secretary, Treasurer, Auditor and Counsel. The Executive Board may appoint a Secretary of the Board. Subject to the restrictions contained in Sections 6505.5 and 6505.6 of the California Government Code, the Board may designate the treasurer and auditor of Foothill Transit or may appoint one of its officers to either or both of such positions. Unless and until the Executive Board makes a contrary designation or appointment, the Executive Officer -Clerk of the Board of Supervisors shall be and act as the FT Joint Powers Agreement - 081024 Signature.doc Page 4 Secretary of the Executive Board, the County Treasurer shall be and act as the Treasurer of Foothill Transit, and the County Auditor - Controller shall be and act as the Controller (Auditor) of Foothill Transit. The County Counsel shall, on request, advise the Executive Board in connection with any business relating to the Foothill Transit. The Executive Board may employ other counsel to represent the Foothill Transit in any manner. Section 4. POWERS OF FOOTHILL TRANSIT AND BOARD. (1) General Powers of Foothill Transit. Foothill Transit shall have the powers common to Cities and County set forth in the recitals of this Agreement, to wit: the power to plan, contract for and operate public transit services as authorized by the Los Angeles County Metropolitan Transportation Authority's approval of the local transportation zone. Foothill Transit is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following: to make and enter into contracts, to acquire, construct, or to provide for maintenance and operation by contract, to maintain and operate any buildings, work, improvements, or facilii ", to acquire !b condemnation or contract I' l� dispose ^f nrnnorf%v nnrJ dAAfh an \r y q' \ 3 /, hold or uia`.✓vov vs 1— _I dy, ue �u, J required approval of Los Angeles County Metropolitan Transportation Authority to amend this Agreement and to annex to Foothill Transit, to incur debts, liabilities or other a obligations which shall not constitute debts, liabilities or obligations of any party to this Agreement; to insure or obtain insurance for itself and all parties to this Agreement and to sue and be sued in its own name and to defend and hold harmless the parties to this Agreement. Said powers shall be exercised in the manner provided in said Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon County in the exercise of similar powers. Foothill Transit may also issue Bonds as defined in Section 11 herein. FT Joint Powers Agreement - 081024 Signature.doc Page 5 (2) Rulemaking Powers of Foothill Transit Foothill Transit shall have the power to adopt and implement such rules and regulations as may be necessary to effect the purposes of this Agreement and which do not conflict with any terms of this Agreement, including but not limited to the power to determine qualification and compensation, if any, of Board members, to determine the procedure for selection of Board members representing cities, their terms, their alternates, if any, and related requirements, to select officers of Foothill Transit not provided for in this Agreement, and to adopt rules relating to fares, routes, and service modifications including the delegation of specified powers relating to Board. B. Powers of Board. The Executive Board shall have the power to adopt and implement such rules and regulations as may be necessary to effect the purposes of this Agreement and which do not conflict with any terms of this Agreement or rules of Foothill Transit, including but not limited to the power to select officers and their terms and related requirements, to establish committees advisory to one Executive Board and the power to adopt parliamentary rules. Section 5. ROUTES, FARES AND SERVICE MODIFICATIONS. The Executive Board shall recommend fares and routes and service modifications to the Governing Board subject to such rules as the Governing Board may adopt. Section 6. FISCAL YEAR. For the purposes of this Agreement, the term "Fiscal Year" shall mean the period from July 1 of each year to and including the following June 30. Section 7. PAYMENT AND REIMBURSEMENT Foothill Transit shall, upon request, pay or reimburse Cities or County for reasonable expenses incurred and payments made by Cities or County in connection with the administration of Foothill Transit. Foothill Transit specifically agrees to reimburse County as FT Joint Powers Agreement - 081024 Signature.doc Page 6 soon as possible for buses which County provides, with interest rates and such other terms as may be mutually agreeable. Section 8. FINANCIAL CONTRIBUTION. Operating funds shall be obtained from the Los Angeles County Metropolitan Transportation Authority to the maximum amount possible. During the initial three years of this Agreement, County shall meet Los Angeles County Metropolitan Transportation Authority's requirement to provide five percent (5 %) of the operating budget. If Foothill Transit is required to provide a portion of its operating budget beyond the initial three years, Cities and County may provide funds or assign programs which meet Los Angeles County Metropolitan Transportation Authority eligibility criteria to fulfill such requirements. Section 9. OPERATIONS. Foothill Transit shall operate in accordance with the operations plan and implementation program approved by the Los Angeles County Metropolitan Transportation Authority on December 2, 1987 and as may be amended from time to time by the Commission. f f ^,°STANC TO FOOTI -TILL T RANSI T . Section 0. �:�-1— �` Cities and County may in appropriate circumstances: (a) Make contributions from their treasuries for the purposes set forth herein, (b) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (c) use their personnel, equipment or property in lieu of other contributions or advances. The provisions of Government Code Section 6513 are hereby incorporated into this Agreement. Section 11. BONDS. Foothill Transit may issue Bonds in order to finance acquisition and construction of facilities and vehicles, or to finance operations or any lawful activities of Foothill Transit, or for any other purpose permitted under applicable law, including the establishment of reserves and the payment of incidental expenses. The term "Bond" means any evidence of indebtedness authorized by the Act or any other applicable law now existing or hereafter enacted, including FT Joint Powers Agreement - 081024 Signature.doc Page 7 but not limited to revenue bonds and notes, bond anticipation notes, certificates of participation, lease purchase agreement or other evidence of indebtedness. Foothill Transit may also issue refunding bonds to refund any Bonds or other obligations of Foothill Transit. Bonds may be issued from time to time in more than one series, may be sold by competitive bidding or by private sale, to the extent permitted by law, and shall not constitute a debt, liability or obligation of Cities or County or any of them. Any issuance of Bonds shall be approved by a resolution of the Executive Board and shall not be subject to the approval or consent of County, Cities or any other person or entity. The services of bond counsel, financing consultants and other consultants and advisors may be used by Foothill Transit in connection with the issuance and sale of Bonds. The fees and expenses of such counsel, consultants and advisors may be paid from the proceeds of the Bonds, and Cities or County may be reimbursed from such proceeds for any portion of such fees and expenses which it has paid prior to the issuance of such Bonds. In connection with the issuance of Bonds, the Executive Board may approve such other contracts and arrangements, and take such other actions, as may be permitted under any applicable law, including but not limited to Chapters 5.5, 11 and 12 of Division 6 of Title 1 of the California Government Code. Section 12. ACCOUNTS AND REPORTS. To the extent not covered by the duties assigned to any trustee appointed under any resolution authorizing the issuance of bonds by Foothill Transit, the Controller of Foothill Transit, shall establish and maintain such funds and accounts as may be required by good accounting practice or by the provisions of any resolution authorizing the issuance of Bonds by Foothill Transit. The books and records of Foothill Transit in the hands of the trustee or the Controller shall be open to inspection at all reasonable times by representatives of Cities and County and Los Angeles County Metropolitan Transportation Authority. The Controller of Foothill Transit, within 180 days after the close of each fiscal year, shall give a complete written report of all FT Joint Powers Agreement - 081024 Signature.doc Page 8 financial activities for such fiscal year to Cities, County and Foothill Transit to the extent such activities are not covered by the report of any trustee. Any trustee appointed under any resolution or indenture authorizing the issuance of Bonds by Foothill Transit shall be required to establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said resolution and this Agreement. Additionally, the Treasurer of Foothill Transit shall assume the duties (to the extent not covered by the duties assigned to any trustee) required by the laws of the State of California, including the duties described in Section 6505.5 of the Government Code or as said Section may be amended. Section 13. FUNDS. The Treasurer of Foothill Transit shall have the custody of said disburse Foothill Transit funds pursuant to the accounting procedures developed in accordance with the provisions of Section 11 hereof and as nearly as possible in accordance with normal County procedures. The public officers (namely, the Controller and Treasurer) herein ei! !! designated as the persons responsible for any moneys of Foothill Transit are hereby also designated as responsible for all other property of Foothill Transit as required by Government Code Section 6505.1. The parties to this Agreement hereby find and determine that the Controller shall be liable on his official bond in the amount of $50,000 and the Treasurer shall be liable on his official bond in the amount of $300,000. Section 14. DISPOSITION OF SURPLUS. Upon the termination of this Agreement, all property of Foothill Transit shall vest in the respective parties to this Agreement which theretofore transferred, conveyed or leased said property to the Foothill Transit. Any other property, funds and assets of the Foothill Transit shall be returned to the Cities or County in proportion to their contributions. FT Joint Powers Agreement - 081024 Signature.doc Page 9 Section 15. WITHDRAWAL FROM FOOTHILL TRANSIT. Cities and County, pursuant to the Transportation Zone Guidelines of Los Angeles County Transportation Commission, have agreed to support Foothill Transit for a minimum of one year once service has been initiated. After one year, Cities and County may withdraw from Foothill Transit subject to the following conditions and whatever additional conditions Foothill Transit may adopt: 1) that withdrawal from Foothill Transit requires a minimum 120 day notice and 2) withdrawal from Foothill Transit requires acknowledgment that Southern California Rapid Transit District/Los Angeles County are not required to provide replacement service. Section 16. NOTICES. Notices hereunder shall be sufficient if sent by regular mail, postage prepaid, to the City Managers of each City at: ARCADIA: 240 W. Huntington, Box 60, Arcadia, CA 91006 AZUSA: 213 E. Foothill Boulevard, Azusa, CA 91702 BALDWIN PARK: 14403 E. Pacific Avenue, Baldwin Park, CA 91706 BRADBURY: 600 Winston Avenue, Bradbury, CA 91010 CLAREMONT: P.O. Box 880, 207 Harvard Avenue, Claremont, CA 91711 COVINA: 125 E. College Street, Covina, CA 91722 DIAMOND BAR: 21660 East Copley Drive, Suite 100, Diamond Bar, CA 91765 DUARTE: 1600 Huntington Drive, Duarte, CA 91010 EL MONTE: 11333 Valley Boulevard, Box 6008, El Monte, CA 91734 GLENDORA: 116 E. Foothill Boulevard, Glendora, CA 91740 INDUSTRY: Box 3366, Industry, CA 91744 IRWINDALE: 5050 N. Irwindale Avenue, Irwindale, CA 91706 LA HABRA HEIGHTS: 1245 N. Hacienda Boulevard, La Habra Heights, CA 90631 LA PUENTE: 14900 East Main Street, La Puente, CA 91744 LA VERNE: 3660 "D" Street, La Verne, CA 91750 FT Joint Powers Agreement - 081024 Signature.doc Page 10 MONROVIA: 415 South Ivy Avenue, Monrovia, CA 91016 PASADENA: 100 North Garfield Avenue, Pasadena, CA 91109 POMONA: P.O. Box 660, 505 South Garey Avenue, Pomona, CA 91769 SAN DIMAS: P.O. Box 307, 245 E. Bonita Avenue, San Dimas, CA 91773 SOUTH EL MONTE: 1415 N. Santa Anita Avenue, South El Monte, CA 91733 TEMPLE CITY: 5938 N. Kauffman Avenue, Box 668, Temple City, CA 91780 WALNUT: 21201 La Puente Road, Box 682, Walnut, CA 91789 WEST COVINA: P.O. Box 1440, West Covina, CA 91793 COUNTY: Executive Officer — Clerk of the Board of Supervisors, Room 383 Hall of Administration, Los Angeles, CA 90012 FOOTHILL TRANSIT: Executive Officer — Clerk of the Board of Supervisors, Room 383 Hall of Administration, Los Angeles, CA 90012 Section 17. MISCELLANEOUS. The section headings herein are for convenience only and are not to be construed as modifvinn nr nnvarninrl the language in the section referred to Whenever in this Agreement any consent or approval is required the same shall not be unreasonably withheld. This Agreement is made in the State of California under the Constitution and laws of such state and is to be so construed. Where reference is made in this Agreement to Controller or Treasurer indicating specific duties to be undertaken by said officers, said officers may independently determine which of them shall undertake any particular duty. Section 18. SEVERABILITY. Should any part, term, portion or provisions of this Agreement be by the courts decided to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions of provisions shall be deemed severable and shall not be affected thereby, provided such remaining portion FT Joint Powers Agreement - 081024 Signature.doc Page 11 or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance. Section 19. SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Section 20. EFFECTIVE DATE The effective date of this Amended and Restated Agreement shall be the latest date of execution by a party. This Amended and Restated Agreement may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Agreement to be executed and attested by their proper officers. [Signatures continued on following pages.] FT Joint Powers Agreement - 081024 Signature.doc Page 12 ATTEST: By Title APPROVED AGTOFORM: By TN ATTEST: By Title APPROVED AGTOFORM: Dy Title ATTEST: By Title APPROVED AS TO FORM: Title CITY (}FBALDVVNPARK �� = Title Dated CITY OF BRADBURY Title Dated CITY OF CLAREMONT Titl Dated FT Joint Powers Agreement - 081024 mgnam.doc Page 14 November 6, 2008 The Honorable Peggy Delach Executive Board President Foothill Transit 100 S. Vincent Avenue, Suite 200 West Covina, CA 91790 -2944 Dear President Delach: We appreciate the opportunity to comment on the proposed inclusion of the city of Pasadena on the Governing Board of Foothill Transit. The City Council of the city of Baldwin Park is in support of this action. We believe that the addition of Pasadena to the Governing Board will serve to bolster the political clout of the efforts to lobby state and federal representatives on public transportation needs in our region. Should the city of Pasadena choose to accept this invitation, we feel that it will also create better linkage to other parts of the valley and improve the transportation systems that are already in place. We look for nrd to the opportunity to participate in further discussion on this matter. Lozano Manuel Mayor Sincerely, / J i Anthony J. Bejarano Mayor Pro Tern Marlen Garcia Monica Garcia Councilmember Councilmember p4X44 VO-Al- Ricardo Pacheco Councilmember CITY OF t3ALDWIN I'ARK , 1-+403 LAtiI PAC! HC AVI NUI 1i 1I MA2IN 1'1\1y1\ r CA —)1706 - (020) 9b0 4011 1 AX ,,tip W CITY COUNCIL AGENDA MAR - 4 2009 CITY OF BALDWIN PARK CONSENT M�: DATE: March 4, 2009 SUBJECT: LOS ANGELES REGIONAL INTEROPE- -• - REEMENT (JPA) PURPOSE The purpose of this report is to request Council approval to join the Los Angeles Regional Interoperable Communications System Joint Powers Agreement. BACKGROUND /DISCUSSION Following the events of September 11, 2001, the National 9-11 Commission identified a very serious weakness in our various metropolitan areas' abilities to respond to regional crises and disaster- inn events due to the lack of interonerable communications. As a result, a steering committee was created to further the creation of a "Los Angeles Regional Interoperable Communications System" (LA-RICS) for the purpose of developing and implementing a modern, integrated wireless voice and data communications system that will support the communications needs of the more than 34,000 first responders and local mission-critical personnel Within the Los Angeles Region. It. .... zj U.- In furtherance of the goal of interoperable communications, a Joint Powers Agreement has been created that will form the LA-RICS Authority to include the establishment of a Board of Directors to oversee operations. Joining this JPA now provides The City of Baldwin Park with input as to the governance structure and funding plan for this project. A city must have be a party to the JPA to participate in any votes within the Authority. This initial JPA has no fiscal impact on the City of Baldwin Park and provides the ability for the City to withdraw from the JPA prior to the adoption of a funding plan. The concept of the LA-RICS project is to have a countywide public safety communications system that allows for improved communications among the various public safety agencies that operate in the region. Currently, local and regional police and fire departments do not have inherent capabilities for inter-agency communications. While ad-hoc and other significant, locally designed systems (such as the Interagency Communications Interoperability System or "ICIS") provide some interagency communications, a true countywide system does not exist. A major concern is that in the event of a significant disaster or calamity, when inter - agency communication is most needed, the current system(s) will not allow for sufficient coordination between the various law enforcement and fire departments that operate in the County. Joint Powers Agreement For the past two and one -half years, the LA -RICS Steering Committee, consisting of county -wide principal stakeholders, including city manager representatives from the California Contract Cities and Independent Cities Associations, has been meeting to review the technical and governance issues associated with maintaining and operating such a system for the benefit of all communities in Los Angeles County. Recently, the LA -RICS Steering Committee drafted and is now recommending a Joint Powers Agreement (JPA) that will form the LA -RICS Authority that will include the establishment of a Board of Directors to oversee LA -RICS operations. Under the JPA, the Authority will possess the following powers related to LA -RICS: To make and enter into contracts, including but not limited to, agreements for the purpose of acquiring real and /or personal property, equipment, employment contracts and professional service agreements. 2. To make and enter into contracts with subscribing agencies who desire to utilize the �y CtPm for their primary radio commi nicatinnC nr affiliates who desire to utilize the System only for mutual and /or automatic aid. 3. To acquire, construct, maintain, and operate a telecommunications systems or service and to provide the equipment necessary to deliver public services thereby. 4. To acquire, hold, lease, or dispose of property. 5. To sue and be sued in its own name. 6. To apply for, receive and utilize grants and loans from federal, state or local governments or from any other available source in order to pursue the purposes of the Authority. 7. To issue bonds and to otherwise incur debt, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the individual respective Members. 8. To invest any money in the treasury, which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code. 9. To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions and purposes of this Agreement. In order to encourage maximum participation by all cities in Los Angeles County, the JPA is set up so that no financial commitments will be required of participating Member Cities until such time that the newly established Board of Directors adopts a funding plan identifying short and long term capital, operations, and maintenance requirements. It is anticipated the funding plan will be developed within nine months following the Authorit is establishment All of the Authority's members will havP the opportunity to participate in the development of the funding plan and to identify and assess member's various abilities to contribute resources, including financial, staffing, equipment, infrastructure or other contributions. If, at any time prior to the adoption of the funding plan, a Member agency feels it cannot contribute the identified resources or that it would not be in its best interests to continue participating in the system, then that agency may terminate its membership without financial contribution or penalty. While initial estimates indicate LA -RICS will cost between $485 million and $630 million, the actual cost to implement LA -RICS will not be known until an RFP for the build -out of the system is released and bids are received. To the fullest extent possible, grant funding v ✓:II be sought t® fund this project; in fact, the regional stakeholders have agreed that 6n percent of all Urban Area Security Initiative (UASI) grant funding for the region will be dedicated to LA -RICS. Thus far, the Steering Committee has spent over $9 million in Los Angeles City and County funds toward the development of the LA -RICS system. Nonetheless, despite the expected availability of future UASI and other grants, undoubtedly, additional financial resources will be needed to complete funding of LA -RICS. Member agencies will be able to take part in the development of the funding plan, which will give them the opportunity, as stated above, to terminate its membership without financial contribution or penalty if such Member agency feels that it cannot contribute the identified resources. Governance Structure As per the JPA, the composition of the Governing Board of Directors, none of whom shall be elected officials (other than the Sheriff), shall be as follows: 1. The City of Los Angeles City Administrative Officer 2. The City of Los Angeles Fire Chief 3. The City of Los Angeles Police Chief 4. The City of Los Angeles Chief Legislative Analyst 5. The County of Los Angeles Chief Executive Officer 6. The County of Los Angeles Fire Chief F ._ e age 7. The Sheriff of Los Angeles County 8. The County of Los Angeles Department of Health Services Director 9. The Los Angeles Unified School District Police Chief 10. The City of Long Beach 11. The Los Angeles Area Fire Chief's Association 12. The Los Angeles County Police Chief's Association 13. The California Contract Cities Association 14. At -Large Member City 15. At -Large Member City 16. At -Large Member City 17. At -Large Member City Within fifteen days after the effective date of the JPA, At -Large Directors and Alternate Directors shall be selected by a majority vote of the Member Cities (excluding the cities of Los Angeles and Long Beach) at a special "selection meeting" to be convened. The At- Large Directors shall be selected as follows: • One At -Large Director (and one Alternate Director) must represent a Member City that operates both independent police and fire department; • Two At -Large Directors (and two Alternates) must represent Member Cities that operate an independent police department and/or an independent fire department; and Is One At -Large Director (and one Alter mate Director) must represent a Member C9ty not otherwise represented on the Board. A city must have adopted the JPA to vote at the selection meeting. There would be great benefit to the City of Baldwin Park, by joining the LA -RICS Authority. It would give our City the opportunity to help shape and plan the policies of the LA -RICS, while risking no financial commitment or obligation until such time as a "funding plan" has been adopted by the Authority. The City would also have the opportunity to "opt -out" of the Authority at any time until the LA -RICS funding plan is adopted by the Authority. With the upcoming establishment and selection process of the Board of Directors, it is important that the City have a voice in determining who will represent the City's and other independent cities' interest. FISCAL IMPACT There is no fiscal impact to joining this initial JPA for the LA -RICS Authority. RECOMMENDATION Staff recommends that the City Council LA-RICS-Joint Power Agreement Page , Waive further reading, read by title only and adopt Resolution No. 2009 -003 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA -RICS) JOINT POWERS AGREEMENT (JPA) THUS AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA -RICS AUTHORITY; AND AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE THE JPA AGREEMENT," and 2. Direct staff to report back on the status of the LA -RIGS Authority prior to the adoption of the funding plan with a recommendation whether to continue the City's membership in the JPA at that time. Attachments: Resolution Joint Powers Agreement i • • f 1• 1 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA -RIGS) JOINT POWERS AGREEMENT (JPA) THUS AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA -RICS AUTHORITY; AND AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE THE JPA AGREEMENT WHEREAS, the City of Baldwin Park recognizes the need for a wide -area and interoperable communications system for not only day -to -day government and public safety operations, but also so it is better prepared to respond to regional crises and disaster -type events; and, WHEREAS, the City of Baldwin Park, acting independently, has limited resources to construct such a communications network providing the capabilities of a countywide communications network; and, WHEREAS, a Joint Powers Agreement (JPA), intended to create an Authority to coordinate a county -wide radio communications system for law enforcement and fire communiratinn -= has been drafted; and, WHEREAS, the City Council desires to become a member of the Los Angeles Regional Interoperable Communications System (LA -RICS) Authority created thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the City's authority under the Joint Exercise of Powers Act in California Government Code Section 6500 et. seq., the Los Angeles Regional Interoperable Communications System Joint Powers Agreement, attached hereto and incorporated herein, is approved thereby authorizing the City's membership in the Los Angeles Regional Interoperable Communications System Authority; and, Section 2. The Chief Executive Officer is authorized and directed to execute the JPA to effectuate the intent of this Resolution. Section 3. That the City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED AND APPROVED this 18th day of February, 2009. Resolution No. 2009-003 Page 2 MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby certify the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the day of 3 2009, by the following vote: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LAURA M. NIETO DEPUTY CITY CLERK �( (4 A im mmisivivig, LA-RICS JPA 2009-01-05 The Los Angeles Regional Interoperable Communications Joint en- Table of Contents RECITALS...................... ,^°,,.__.. ................ ........... .......... ....................... ................. 1 Article I - GENERAL PROVISIONS ...... ___ .......... ^ ................. ................................... 1 1.01 P ...................... .......................................... ,- ..................................... 1 1.02 Creation of -_,-,.-..-'._._.._.---_.-.--''--,--=-----�2 1`03 'pinthe � �~......................... ................. ,_,~.,,.~_,,~~~~ ...... 2 1'Qd T [m ......................... ............... ..^ ........... 2 Article U Board of .~'..—_--''.-'---'^''~'-_^_--^'^^---.'--_,,--''^. 3 2.01 Composition of the Board ............................................................... ~................ 3 2.02 Appointment Of Directors .-,.--'_-.--_. .......... 3 2.03 Purpose Of _...,._.--~--,-°,._-'___~''--_--=,-`=-,~w.,^~--_^''4 2.04 ms��~__of- _ Board ,_'-`,.,,__', ................................... ..5 2.05 Startup Responsibilities .... .............................................................................. j 2.06 Meetings of the .............................................................. ..................... 7 2L07 K�OWtes.-.-.-.'_^,~-_,.~_.-^_.^`',__~~~,-.,^^.='.-'.`-^'~~°-_=__-,-~-_-.~-'�7 2- *0" °""':y'^''~-'---~---`'~~'~-'^----`----'—~'-"-~~~'---^^''^`~-`^-' '�7 2]09 ; ....................................... ~.................... 7 Article I[[ -OFFICERS, EM AN[>ADVISORY ........................ 8 101 Chairperson, � @�� Secretary... .................................. ''-- ----'r-`-~-` ------'� 3{)2 Treasurer ............ 3.03 Auditor =~~_,`_,._°° ...................................................................... ......... ........ S 3]04 Bonding ~_.~'-~' ..... ___ .-e=-.,._"..9 3.05 [}Mler --..~....... ~................................... A 3.06 ^ ' Privileges and from Liability ................ .......... ~'-'.-'-'~^.~.~''~-g 3.07 Advisory Cnm '___~---~-'-'~------°-^..'-=^-~~~^~'~-~^`g 3(08 of ........................................................... 10 ` 09 Meetings ......... .......................... .......................... 10 3'10 Officers of ' ........................................................... ...... 1� ArticleK/- .................... _.......................................... .................................. 10 4.1 General .............................................. ...................................... . ...... 10 4.02 Power tuIssue °.-.--..--_-- ................. 4,03 S ................... ................... ....................... ............................ 11 4,04 Limitation on Exercise 0f Powers .......... __~.__°,^^~~°- .............................. 12 4.05 - ....................... .......................... ...................... ...... 12 LA-RICS JPA 2009-01-05 The Los Angeles Regional Interoperable Communications System Authority Joint Powers Agreement Table of Contents Article \/ - CONTRIBUTIONS; ACCOUNTS . Q,[) REPORTS; FUNDS ....................... .12 5.01 Adoption of Funding Plan ...................... .................................... ................. 12 5.02 ................................... ......... .............. _....... ............ .......... -.13 5.03 Accounts and .............................. .~~~`=...- ...................................... 13 '.04 ~.._._.,.--,'._._,—.....,_—__,_,_,=_-_._.-~.`-,.-^^`.~"_13 5.05 -- of Frequencies . ........ ............................................................ .......... 14 D]]0 `---..--.._.-..---___,,-^._-.=.--_--__~.-.._-..--_.'.--^�4 4 5.07 _,.__'___^,-=_-,~,.`_,__,_.___,^'.__.1 5{)8 Adverse Impacts on System .................. _., ...... ........... _-`~....... ~. ........... '-15 Article VI - - WITHDRAWAL AND TERMINATION ' _^,...~,~-. ... ............. .......... ........ 15 6.01 Withdrawal by .................................. ............ ................ .............. 13 _ 6.02 Financial Liabilities of Withdrawing Members. . ....... ........... ................. ........ 16 6.03 Retention Of Assets by Withdrawing Members ..........,`-.-~--~..~—~...,—.1(] &.04 Termination of Authority and Disposition Of Authority Assets . ....................... 16 Article V4| -MISCELLANEOUS PROVISIONS........,. ,_____.`_ ....................... ,_._~_.17 7.01 �- ^—''`~-'~`--^^^--^^-~`"~---`-'='''—^`=^`-.—'.'~ .......................... 17 7.02 of Members . ...................... .............. .......... ............... 1/] 7J03Fisca|Year ............... ....... .......................... ........ .................... "..-............. 18 7_04 Consents and ............. ,,_'.-,,___.,`_~-~.,-.=,._,^`~_... ........ +1O 7.05 Amendments to Act . ...... .....^................... ........... ^~..... _ .... .............. ~..... iD 7.06 Enforcement of .— ........................................................................ 18 7^07 Severability . ................... ......................................... ....................................... 18 7.08 7.09 Assignment ................................................ ..~........ ~...................................... 1{l 7-10 Governing Law .......... .................... ..................... ........... ......................... 19 7.11 Headings .',,-,_`^-_ .................................. ........................... .............. 19 7.12 Counterparts ............... '............................. ................................................... 19 7.1' No Party _ ... . ................................... ............................. 19 7.14 Filin-VfNDfce of Agreement . ........ ............ ........... ...................................... 1Q 7.15 Conflict of Interest Code '~~..~~~-~.'_^_,,,. .................. .................... ...... 19 7,16 Indemnification . ...... ........... ....................................................................... 19 7.17 Dispute ................... .......... ........................... 2O Exhibit /\_ Members Joint Powers Agreement to Establish The Los Angeles Regional Interoperable Communications System Authority THIS JOINT POWERS AGREEMENT (the "Agreement") is made as of the Effective Date by and between the public agencies set forth in Exhibit A. Each public agency executing this Agreement shall be referred to individually as "Member," with all referred to collectively as "Members." F.T;Z�721 � Whereas the Members require wide area and interoperable communications, and Members acting independently have limited resources to construct a communications network providing these capabilities; and, Whereas the Members have determined that working in concert to share radio -- dA -r^itiAp ��qf communications resources is in the public interest, as dVoinVg OV VVVU1V FIUVIU�.i 111%J 7L effective and economical radio communications network for all participating public agencies; and, Whereas the Members agree that the collective goal is to evaluate, establish, and participate in a public safety radio network to meet or enhance current public safety radio communications needs of Members and to provide an architecture capable of expanding to meet future needs; and, Whereas, the Members have the authority under the Joint Exercise of Powers Act, in California Government Code Section 6500 et. seq., (the "Act") to enter into this Agreement. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the Members as herein contained, the Members agree as follows: 1.01 Purpose. This Agreement is to create an agency to exercise the powers shared in common by its Members to engage in regional and cooperative planning and coordination of governmental services to establish a wide-area interoperable public safety communications network (hereinafter referred to as the "Los Angeles Regional Interoperable Communications System", "LA-RICS", or the "System"). As part of this LA-RICS JPA 2009-01-05 Page 1 6 YI 1,9 AA! IA P 11 LA-RICS Joint Powers Agreement purpose, Members will seek to meet or enhance the current public safety communications needs with a System capable of expanding to meet future needs; develop funding mechanisms; and resolve technical and operational issues in the development and management of the System. Such purposes are to be accomplished and said common power exercised in the manner hereinafter set forth. 1.02 Creation of Authority. Pursuant to the Act, the Members hereby create a public entity to be known as the "Los Angeles Regional Interoperable Communications System Authority" (hereinafter, the "Authority"). The Authority shall be a public entity separate and apart from the Members who shall administer this Agreement. The jurisdiction of the Authority shall be all territory within the geographic boundaries of the Members; however the Authority may undertake any action outside such geographic boundaries as is necessary and incidental to the accomplishment of its purpose. 1.03 Membership in the Authority. Participation in the Authority is limited to public agencies, as defined by the Act, in the ^r �+ar I ^e An nnnn +h--A+ hnipm nnnmitarl onrl nvar-i i+=A f hic Agreement, and ,,, e..L.,.. Los. A, geles ... U 1�% I.— -I[" contributed resources of any kind toward the construction and/or on-going operation of the System (including, but not limited to financial, personnel, frequency, equipment, radio site, real estate or other resources), as approved by the Board of Directors. 1.04 Term. This Agreement shall become effective, and the Authority shall come into existence, when each of the following occurs (the "Effective Date"): (a) The Agreement is authorized and executed by the City of Los Angeles and the County of Los Angeles; and (b) Forty-five days has elapsed after the authorization and execution of the Agreement by both the City of Los Angeles and County of Los Angeles. Prior to the Effective Date, public agencies may become Members of the Authority, without Board approval, by adoption and execution of this Agreement. After the Effective Date, membership is subject to approval by the Board as set forth in Section 7.02(a) of this document. LA-RICS JPA 2009-01-05 Page 2 Joint Powers Agreement LA-RICS 2.01 Composition of the Board The Authority shall be administered by a Board of Directors (the "Board") consisting of a minimum of eight (8) Directors and not more than seventeen (17) Directors identified by the following appointing authorities: 1. The City of Los Angeles City Administrative Officer 2. The City of Los Angeles Fire Chief 3. The City of Los Angeles Police Chief 4. The City of Los Angeles Chief Legislative Analyst 5. The County of Los Angeles Chief Executive Officer 6. The County of Los Angeles Fire Chief 7. The Sheriff of Los Angeles County 8. The County of Los Angeles Department of Health Services Director 9. The Los Angeles Unified School District Police Chief 10. The City of Long Beach 11. The Los Angeles Area Fire Chiefs Association 12. The Los Angeles County Police Chiefs Association 13. The California Contract Cities Association 14. At Large 16. At Large 16. At Large 17. At Large S= (a) Each of the officials listed in 1 through 9 above may appoint one Director and one Alternate Director to the Board when the agency such official represents becomes a Member. (b) The City of Long Beach may appoint one Director and one Alternate Director to the Board when the City of Long Beach becomes a Member. (c) Each of the Associations listed in 11 and 12 above may appoint one Director and one Alternate Director to the Board when at least one member of their respective Association becomes a Member of the Authority. (d) The California Contract Cities Association may appoint one Director and one Alternate Director to the Board when at least one member of the Association becomes a Member of the Authority. In order to participate in the selection process, Association members must also be Members of the Authority. LA -RIGS JPA 2009-01-05 Page 3 Joint Powers Agreement IA, LA -RIGS (e) At Large Directors and Alternate Directors shall be selected by a majority vote of Member cities, other than the Cities of Los Angeles and Long Beach, as follows: (1) One At Large Director (and one Alternate Director) must represent a Member city that operates both independent police and fire departments; (2) Two At Large Directors (and two Alternates) must represent Member cities that operate an independent police department andlor an independent fire department; and (3) One At Large Director (and one Alternate Director) must represent a Member city not otherwise represented on the Board. (f) Within fifteen (15) days after the Effective Date, eligible Member cities shall endeavor to meet and provide for the selection of the At Large Directors and Alternate Directors, and all other entities shall endeavor to appoint their Directors and Alternates, The logistics for filling the At Large Director and Alternate Director vacancies shall be provided for in the bylaws. (g) At the time of appointment and for the duration of service, Directors and Alternate Directors shall be employees or officers of Members. All Directors and Alternate Directors shall be non-elected officials, with the sole exception of the Los Angeles County Sheriff. (h) The term of office of each Director and Alternate Director shall be two years, or until a successor has been appointed. Directors and Alternate Directors may serve an unlimited number of terms. (1) No Member can hold more than one seat on the Board concurrently, except that the County of Los Angeles and the City of Los Angeles can hold the Board seats designated by the eight individuals listed in items 1 through 8 in Section 2.01. (j) An Alternate Director may act in their Director's absence and shall exercise all rights and privileges of a Director. (k) Each Director and each Alternate Director shall serve at the pleasure of the appointing authority and may be removed by the appointing authority at any time without notice. (1) Notice of any removal or appointment of a Director or Alternate Director shall be provided in writing to the Chair of the Board. 2.03 Purpose of Board. The general purpose of the Board is to LA-RICS JPA 2009-01-05 Page 4 Joint Powers Agreement Y4 iA AVOI& LA-RICS (a) Provide structure for administrative and fiscal oversight; (b) Identify and pursue funding sources; (c) Set policy; (d) Maximize the utilization of available resources; and (e) Oversee all Committee activities. L 2 . "1V 4 S a pecific Responsibilities of the Board. The specific responsibilities of the Board shall be as follows. (a) Identify participating entities needs and requirements; (b) Develop and implement a funding plan (the "Funding Plan") for the construction and on-going operation of a shared voice and data system; (c) Formulate and adopt the budget prior to the commencement of the fiscal year; (d) Hire necessary and sufficient staff and adopt personnel rules and regulations; (e) Adopt rules for procuring supplies, equipment and services; (f) Adopt rules for the disposal of surplus property; (g) Establish committees as necessary to ensure that the interests and concerns of each user agency are represented and to ensure operational, technical and financial issues are thoroughly researched and analyzed; (h) Provide for System implementation and monitoring; (i) Determine the most appropriate and cost effective maintenance plan for the System; 0) Provide for System maintenance; (k) Adopt and revise System operating policies and procedures, as well as technical and maintenance requirements; (1) Review and adopt recommendations regarding the establishment of System priorities and talk groups; (m) Address concerns of all System user agencies; (n) Oversee the establishment of long-range plans; LA -RIGS JPA 2009-01-05 Page 5 Joint Powers Agreement &A N1 LA-RICS (o) Conduct and oversee System audits at intervals not to exceed three years; (p) Arrange for an annual independent fiscal audit; (q) Adopt such bylaws, rules and regulations as are necessary for the purposes hereof; provided that nothing in the bylaws, rules and regulations shall be inconsistent with this Agreement; and (r) Discharge other duties as appropriate or required by statute. 2.05 Startup Responsibilities The Authority shall have the duty to do the following within the specified timeframe or, if no time is specified, within a reasonable time= (a) To establish within three (3) months of the Effective Date of this Agreement the Advisory Committees designated in Section 3.07; (b) To use its best efforts to develop and adopt within nine (9) months of the Effective Date of this Agreement: (1) A plan specifying a means or formula for determining the timing and sequencing of construction of the System consistent with the functional specifications; and (2) A Funding Plan specifying a means or formula for funding the construction, operation and maintenance of the System; such Funding Plan shall include an allocation of costs among the Members, subscribers, and other funding sources; (c) To establish System participation pricing including start-up costs, and ongoing Subscriber/Member unit pricing to cover System operations, technical upgrades, and System replacement reserves; (d) To encourage other governmental and quasi - governmental - agencies, including but not limited to, the State and Federal government, and special districts, to participate in LA-RICS; (e) To establish policies and procedures for the voluntary transfer and/or sharing of assets from Members; (f) To retain legal counsel; and (g) To evaluate the need for, acquire and maintain necessary insurance. LA•RICS JPA 2009-01-05 Page 6 4! AM& LA -RIGS 2.06 Meetings of the Board. Joint Powers Agreement (a) Regular Meetings. The Board shall provide for its regular meetings provided, however, that at least one regular meeting shall be held quarterly. The date, hour and location of regular meetings shall be fixed by resolution of the Board and a copy of the resolution shall be transmitted to each of the Members. (b) Special Meetings. Special meetings of the Board may be called by the Chair or as provided for in the bylaws. (c) Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with California Government Code section 54950). As soon as practicable, but no later than the time of posting, the Secretary shall provide notice and the agenda to each Member, Director and Alternate Director. (d) First Meeting. The first meeting of the Board shall be no sooner than fifteen (15) days after the Effective Date. 2.07 Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as practicable after each meeting, cause a copy of the minutes to be made available to each Director, the Members and other parties upon request. 2.08 Voting. All voting power of the Authority shall reside in the Board. Each Director shall have one vote. An Alternate Director may participate and vote in the proceedings of the Board only in the absence of that Alternate's Director, No absentee ballot or proxy shall be permitted. 2.09 Quorum; Required Votes; Approvals. A majority of the appointed Directors shall constitute a quorum of the Board for the transaction of business except that less than a quorum or the Secretary may adjourn meetings of the Board from time-to-time. The affirmative votes of a majority of the appointed Directors shall be required to take any action by the Board, except, two-thirds vote (or such greater vote as required by state law) of the appointed Directors shall be required to take any action on the following: (a) Establish start-up contributions from Members; (b) Adopt a Funding Plan; LA -RIGS JPA 2009-01-05 Page 7 Joint Powers Agreement AP Is LA-RIGS (c) Subject to prior approval by the passage of an authorizing ordinance or other legally sufficient action by the affected jurisdiction, levy and collect, or cause to be collected, communication impact fees on new residential, commercial, and industrial development, as authorized by local, state, and federal law; (d) Change the designation of Treasurer or Auditor of the Authority; (e) Issue bonds or other forms of debt; (f) Adopt or amend the bylaws; and (g) Subject to prior approval by the passage of an authorizing ordinance or other legally sufficient action by the affected jurisdiction, exercise the power of eminent domain. Mn RT4W 3.01 Chairperson, Vice-Chairperson and Secretary. For each fiscal year, the Board shall elect a Chairperson and Vice-Chairperson from among the Directors, and shall appoint a Secretary, who need not be a Director. In the event that the Chairperson, the Vice-Chairperson or Secretary so elected resigns from such office or his/her represented Member ceases to be a Member of the Authority, the resulting vacancy shall be tilled at the next regular meeting of the Board held after such vacancy occurs or as soon as practicable thereafter. Succeeding officers shall perform the duties normal to said offices. The Chairperson shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board. In the absence of the Chairperson, the Vice-Chairperson shall sign contracts and perform all of the Chairperson's duties. 3.02 Treasurer. The Treasurer and Tax Collector of the County of Los Angeles shall be the Treasurer of the Authority. To the extent permitted by the Act, the Board may change, by resolution, the Treasurer of the Authority. The Treasurer shall be the depository, shall have custody of the accounts, funds and money of the Authority from whatever source, and shall have the duties and obligations set forth in the Act. For grants awarded to Members or third parties for use with the System, the Treasurer will work with the Member or third party to put in place appropriate fiscal controls to meet the grant requirements. LA-RICS JPA 2009-01-05 Page 8 Joint Powers Agreement AVel LA-RICS 3.03 Auditor. The Auditor-Controller of the County of Los Angeles shall be the Auditor of the Authority. To the extent permitted by the Act, the Board may change, by resolution, the Auditor of the Authority. The Auditor shall perform the functions of auditor for the Authority and shall make or cause an independent annual audit of the accounts and records of the Authority by a certified public accountant, in compliance with the requirements of the Act and generally accepted auditing standards, 3.04 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board shall designate the public officer or officers or person or persons who have charge of, handle, or have access to any property of the Authority and shall require such public officer or officers or person or persons to file an official bond in an amount to be fixed by the Board. 3.05 Other Employees. ,firm + pl The Board shall have 'Lille power by Ine'soluktull to C%pV%J1V1% ;and enn f% i ai ii-h r%thiar nffit-imrc Y ---1 1 employees, consultants and independent contractors as may be necessary to carry-out the purpose of this Agreement. 3.06 Privileges and Immunities from Liability. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by the Members or by reason of their employment by the Board, to be subject to any of the requirements of the Members. 3.07 Advisory Committees. The Board shall establish the following Advisory committees: (a) Operations Committee — The Operations Committee's primary purpose is to review and recommend to the Board operating policies and procedures that will ensure the System resources are used efficiently to meet the needs of all Members. (b) Technical Committee — The Technical Committee's primary purpose is to review and recommend to the Board policies and procedures related to System performance, maintenance and other technical issues. LA-RICS JPA 2009-01-05 Page 9 Joint Powers Agreement A 4 LA-RICS , A (c) Finance Committee — The Finance Committee's primary purpose is to review and recommend to the Board: (1) The Funding Plan; (2) A fiscal year budget; and (3) Financial policies and procedures to ensure equitable contributions by Members. (d) Legislative Committee — The Legislative Committee's primary purpose is to review and recommend to the Board a plan for securing funding from state and federal governments and to advise the Board on regulatory and legislative matters, 3.08 Membership of Advisory Committees. Each Director shall appoint one voting member to each Advisory Committee. 3.09 Meetings of Advisory Committees. All meetings of each Advisory Committee shall be held in accordance with the Ralph M. Brown Act. For the purposes of convening meetings and conducting business, unless otherwise provided in the bylaws, a majority of the members of the committee shall constitute a quorum for the transaction of business, except that less than a quorum or the secretary of each Advisory Committee may adjourn meetings from time-to-time. As soon as practicable, but no later than the time of posting, the Secretary of the Committee shall provide notice and the agenda to each Member, Director and Alternate Director. 3.10 Officers of Advisory Committees. Unless otherwise determined by the Board, each Advisory Committee shall choose its officers, comprised of a Chairperson, a Vice-Chairperson and a Secretary. Article IV - POWERS 4.01 General Powers. The Authority shall have the powers common to the Members and which are necessary or convenient to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the Members. 4.02 Power to Issue Bonds. The Authority shall have all of the powers provided in Articles 2 and 4 of Chapter 5, Division 7, Title 1 of the California Government Code, including the power to issue bonds thereunder. LA-RICS JPA 2009-01-05 Page 10 Joint Powers Agreement LA-RICS 4.03 Specific Powers. The Authority is hereby authorized, in its own name, to perform all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) To make and enter into contracts, including but not limited to agreements for the purpose of acquiring real and/or personal property, equipment, employment contracts and professional services agreements; (b) To make and enter into contracts with subscribers who desire to utilize 'the System for their primary radio communications and affiliates who desire to utilize the System only for mutual or automatic aid; (c) To acquire, construct, maintain, or operate telecommunications systems or service and to provide the equipment necessary to deliver public services therefrom', (d) To acquire, construct, manage, maintain or operate any building, works or improvements; (e) To acquire, hold, lease, or dispose of property; (f) To employ or engage contractors, agents, or employees; fn� To sue and be sued in its ovin name; kt;/ I-- (h) To apply for, receive and utilize grants and loans from federal, state or local governments or frorn any other available source in order to pursue the purposes of the Authority; (i) To issue bonds and to otherwise incur debts, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the individual respective Members-, 0) To invest any money in the treasury, pursuant to the Act, which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; and (k) To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions, and purposes of this Agreement. LA-RICS JPA 2009-01-05 Page 11 Joint Powers Agreement j It LA- RICS 4.04 Limitation on Exercise of Powers. All common powers exercised by the Board shall be exercised in a manner consistent with, and subject to the restrictions and limitations upon the exercise of such powers as are applicable to the County of Los Angeles, as may be amended from time to time. 4.05 Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members. In addition, pursuant to the Act, no Director shall be personally liable on the bonds or subject to any personal liability or accountability by reason of the issuance of bonds. 4.06 Additional Powers to be Exercised. In addition to those powers common to each of the Members, the Authority shall have those powers that may be conferred upon it by subsequently enacted legislation. wag= 5.011 Adoption of f—runding Plan. It is a critical goal of the Authority to develop a Funding Plan that identifies funding sources and mechanisms, including a development schedule and phasing plan, which will permit the maximum feasible participation by Members. The Funding Plan shall be descriptive as, to the contrihiffions required from Mp.mhers, Prior to committing resources for the construction of the System, a proposed Funding Plan as designated in Section 2.05(b)(2) shall be developed. In order for the Funding Plan to be considered by the Members prior to its adoption, the Board shall distribute the proposed Funding Plan to Members pursuant to Section 7.01. The proposed Funding Plan shall be accompanied by a description of the System, and reports and studies to allow Members to determine the System capability, cost, financing and the effects on individual Members. The Board shall also designate a period, which shall be not less than 60 days, during which Members may provide comments to the Board regarding the proposed Funding Plan. After the comment period has expired, the Board may: (a) Adopt the Funding plan as proposed; (b) Revise the Funding Plan to address some or all of the Member comments; or (c) Reconsider the Funding Plan at a later date. LA-RICS JPA 2009-01-05 Page 12 Joint Powers Agreement FW LA -RIGS Notice shall be given to Members pursuant to Section 7.01 within five days of adoption of the Funding Plan. The notice shall include a copy of the adopted Funding Plan. The Board shall also designate a period, which shall be not less than 35 days after the Funding Plan is adopted, during which Members may submit written notice of immediate withdrawal from the Authority. There will be no costs for any Member that withdraws from the Authority within this time period. After the Funding Plan has been adopted, and until contracts are awarded to design and/or construct the System, if the Funding Plan is revised in a manner which will substantially increase the financial obligations of the Members, then any Member so affected will have a further right to withdraw within a period designated by the Board, which shall be not less than 45 days after the adoption of the Revised Funding Plan, There will be no costs for any Member that withdraws from the Authority within this time period, except for obligations incurred prior to the adoption of the Revised Funding Plan. 5.02 Contributions. The Members may, in the appropriate circumstance, ® when required hereunder: (a) Make contributions from their treasuries for the purposes set forth herein; (b) Make payments of public funds to defray the cost of such purposes; kc) Make advances of public funds for such purposes, such advances to be repalu as provided by written agreement; or (d) Use its personnel, equipment or property in lieu of other contributions or advances. No Member shall be required to adopt any tax, assessment, fee or charge under any circumstances. 5.03 Accounts and Reports. The Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any bonds issued by the Authority. The books and records of the Authority in the hands of the Treasurer shall be open to inspection at all reasonable times by duly appointed representatives of the Members. The Treasurer, within 180 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Members. 5.04 Funds. The Treasurer shall receive, have custody of and/or disburse Authority funds in accordance with the laws applicable to public agencies and generally accepted LA -RIGS JPA 2009-01-05 Page 13 Joint Powers Agreement AV% LA-RICS accounting practices, and shall make the disbursements required by this Agreement in order to carry out any of the purposes of this Agreement. 5.05 Sharing of Frequencies. Members holding Federal Communication Commission (FCC) licenses to frequencies ("Licensee(s)") shall authorize the Authority to share the use of such frequencies and/or radio stations. Such use shall be in accordance with the Code of Federal Regulations, (47 CFR 90.179). Any authorization for the use of such license shall be made pursuant to a written agreement between the Member and Authority. Revoking such authorization requires Member to provide twelve (12) months advance written notice to the Authority unless otherwise identified in written agreement. Licenses shall remain primary to the Member holding the license. Only the Member is allowed to make any modifications to its license(s) on behalf of the Authority, and the Authority shall pay all associated fees. PXIT-109..� Payment of' fines and penalties imposed f0f, operat I -V 1-1 a If -V 1, e 4- u il p r-1 I e Int t %V, 1; o It a ti 0 Ing %--; S If 11 "b ee the responsibility of the entity committing the violation. If the entity responsible for a violation is not the FCC Licensee, then the responsible entity shall pay forthwith any fines imposed upon the Licensee, as specified in the bylaws. 6.07 System Components. The System is comprised of components that include physical plant, infrastructure, frequencies, user equipment, and dispatch center equipment (the "System Components") as described in this Section 5.07. Members shall retain ownership of System Components that they contribute to construct or operate the System, unless otherwise agreed to in writing, The Authority shall retain ownership of System Components purchased by the Authority, unless otherwise agreed to in writing. (a) Physical Plant: The Physical Plant includes the following: real estate, shelters, environmental controls, antenna support structures, power systems, security systems, and other site structures. The maintenance of the Physical Plant shall be in accordance with the requirements specified by the Authority and is the responsibility of the contributing Member, unless otherwise agreed to in writing. (b) Infrastructure: Infrastructure includes the following: antenna systems, base station repeaters, diagnostic and alarm systems, microwave systems, backhaul systems, control equipment and all other related electronic equipment and software. The Authority is responsible for the operation and maintenance of Infrastructure. (c) Frequencies: Frequencies are radio channels that have been licensed by the FCC in accordance with the Code of Federal Regulations. Licensees shall authorize LA-RICS JPA 2009-01-05 Page 14 Joint Powers Agreement P","AA UVRICS the Authority to share the use of such frequencies and/or radio stations subject to a separate frequency sharing agreement. (d) User Equipment: User Equipment includes the following: mobile radios, portable radios, mobile data computers, radio data modems, control stations, and other related equipment. All User Equipment shall meet or exceed the minimum acceptable standards established by the Authority. In the event that any User Equipment is determined to be affecting the proper operation of the overall System as identified by the Authority, such User Equipment shall be immediately removed from service and shall not be returned to service until any deficiencies are resolved to the satisfaction of the Authority. The Authority shall maintain a list of User Equipment approved for operation on the System. Any changes to the User Equipment list shall be approved by the Authority. Such approval shall not be unreasonably withheld. (e) Dispatch Center Equipment: Dispatch Center Equipment includes the following: dispatch consoles, logging recorders, system interfaces, and other ancillary equipment. 11 he Authority shall m laintaint a Ii of Dispatch, ('4=nf.=r Equipment approved for operation on the System. Any changes to the Dispatch Center Equipment list shall be approved by the Authority. Such approval shall not be unreasonably withheld. 6.08 Adverse Impacts on System. No Member, subscriber or affiliate shall take any action that adversely impacts the System. If the System is impacted by actions of a Member, subscriber or affiliate, the offending party shall take immediate action to return the System to its full operating state. The Authority, or its designee as set forth in the bylaws, shall make the sole determination of whether Member, subscriber or affiliate equipment or operations adversely impact the System. hTfAwilllii I 6.01 Withdrawal by Members. After the periods referred to in Section 5.01, Members may withdraw from the Authority by giving notice as follows: (a) Members who do not provide Infrastructure, Frequencies or Physical Plant to System shall provide to the Chairperson ninety (90) days advanced written notice of its intent to withdraw from the Authority; LA -RIGS JPA 2009-01-05 Page 15 Joint Powers Agreement ,enlk LA-RIGS (b) Members who provide Infrastructure, Frequencies or Physical Plant to System shall provide to the Chairperson twelve (12) months advanced written notice of its intent to withdraw from the Authority. 6.02 Financial Liabilities of Withdrawing Members. Except as otherwise provided in Section 5.01: (a) A withdrawing Member shall remain liable for all financial liabilities incurred during its membership in the Authority; however, the Member shall not be liable for any new financial liabilities incurred after submitting written notice to withdraw. (b) The withdrawing Member must continue to pay its share of operating costs during the ninety day or twelve month period, as applicable, after submitting its written notice of the intent to withdraw. (c) The Authority and the withdrawing Member may negotiate a buy-out agreement for early termination of membership to retire any ongoing financial obligations the Member shares with the Authority. (d) If a withdrawing Member holds a seat on the Board, that Member's participation on the Board shall immediately cease when the written notice to withdraw is submitted. 6.03 Retention of Assets by Withdrawing Members. Each Member shall hold its licenses and retain sole ownership of its licenses, including those authorized for use by the Member to the Authority. The licenses and any System Components provided by a Member to the Authority shall remain the sole asset of that Member unless otherwise negotiated. If requested by the Authority, the withdrawing Member shall consider options for the Authority's continued use of Member assets. Acceptance of any option is at the sole discretion of the withdrawing Member. In addition, the use by the Authority of the withdrawing Member's System Components shall be terminated upon the effective date of withdrawal (twelve months from initial notice), and such System Components shall remain the sole asset of the withdrawing Member, unless otherwise agreed. Such withdrawing Member shall have no interest or claim in any remaining assets of the Authority, the Board, or of any of the remaining Members. 6.04 Termination of Authority and Disposition of Authority Assets. Upon termination of this Agreement and dissolution of the Authority by all Members, and after payment of all obligations of the Authority, the Board: (a) May sell or liquidate Authority property; and LA-RICS JPA 2009-01-05 Page 16 Joint Powers Agreement x-MAk LA-RI CS (b) Shall distribute assets, including real or personal property, in proportion to the contributions made by Members. Any System Components provided by a Member to the Authority shall remain the asset of that Member and shall not be subject to distribution under this section. 7.01 Notices. Any notice required or permitted to be made hereunder shall be in writing and shall be delivered in the manner prescribed herein at the principal place of business of each party. The parties may give notice by (a) Personal delivery; (b) E-mail; (c) LIS, Mail, first class postage prepaid; (d) "Certified" U.S. mail, postage prepaid, return receipt requested; (e) Facsimile; or (f) Any other method deemed appropriate by the Board. At anytime, by providing written notice to the other parties to this Agreement, any party may change the place, facsimile number or e-mail for giving notice. All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest: (a) The date of personal delivery; (b) The third business day following deposit in the U.S. mail, when sent by "first class" mail; (c) The date on which the party or its agent either signed the return receipt or refused to accept delivery, as noted on the return receipt or other U.S. Postal Service form, when sent by "certified" mail; or (d) The date of transmission, when sent by e-mail or facsimile. LA-RICS JPA 2009-01-05 Page 17 Joint Powers Agreement rp IP',1A LA-RICS MRMME�� (a) In addition to the original signatories to this Agreement, other public agencies may join the Authority as a Member, subject to the provisions of Section 1.03. The addition of any Member shall become effective upon: (1) The execution on behalf of such entity of a counterpart of this Agreement and the delivery of such executed counterpart to the Board, and (2) The adoption of a resolution of the Board admitting that agency to the Authority. (b) This Agreement may only be amended by two-thirds of the Members, which must include the affirmative votes of the City of Los Angeles and the County of Los Angeles, evidenced by the execution of a written amendment to this Agreement. However, this Agreement shall not be amended, modified or otherwise revised, changed or rescinded, if such action would: (1) Materially any) adverselvaffect either the rating of bonds issued by the Authority, or bondholders holding such bonds; or (2) Limit or reduce the obligations of the Members to make, in the aggregate, payments which are for the benefit of the owners of the bonds. 7.03 Fiscal Year. The Authority's 12-month fiscal year shall be specified in the Authority's bylaws. 7.04 Consents and Approvals. Any consents or approvals required under this Agreement shall not be unreasonably withheld. 7.05 Amendments to Act. The provisions of the Act, as it may be amended from time to time, which are required to be included in this Agreement, are hereby incorporated into this Agreement by reference. 7.06 Enforcement of Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. 7.07 Severability. If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for LA-RIGS JPA 2009-01-05 Page 18 Seri &PI LA-RIGS Joint Powers Agreement any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 7.08 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Member. 7.09 Assignment. No Member shall assign any rights or obligations under this Agreement without the prior written consent of the Board. 7.10 Governing Law. This Agreement is made and to be performed in the County of Los Angeles, State of California, and as such California substantive and procedural law shall apply. 7.11 Headings. The section headings herein are for convenience only and are riot to be construed as modifying or governing the language of this Agreement. 7.12 Counterparts, This Agreement may be executed in counterparts. 7.13 No Third Party Beneficiaries, This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Members, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein. 7.14 Filing of Notice of Agreement. Within 30 days after the Effective Date, or amendment thereto, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act. 7.15 Conflict of Interest Code. The Board shall adopt a conflict of interest code as required bylaw. 7.16 Indemnification. The Authority shall defend, indemnify and hold harmless each Member (and each Member's officers, agents, and employees) from any and all liability, including but not limited to claims, losses, suits, injuries, damages, costs and expenses (including LA-RICS JPA 2009-01-05 Page 19 Joint Powers Agreement AkPIA LA -RIGS attorney's fees), arising from or as a result of any acts, errors or omissions of the Authority or its officers, agents or employees. 7.17 Dispute Resolution/Legal Proceedings. Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Members and/or the Authority. IN WITNESS WHEREOF, each Member has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows: !A -RIGS JPA 2009-01-05 Page 20 A 4 Avlk LA -RIGS Joint Powers Agreement City Of Authorization For Membership in the Los Angeles Regional Interoperability Communications System Authority (LA-RICS) IN WITNESS WHEREOF, the City of ) by order of its City Council, has caused this Joint Powers Agreement to be executed on its behalf by the Mayor, and attested by the City Clerk, as of the date so attested below. EM CITY CLERK DATE LA-RICS JPA 2009-01-05 0 CITY OF BALDWIN PARK CONSENT ► ; 9 SUBJECT: New Police Helicopter Agreement with the City of El Monte PURPOSE The purpose of this report is to request Council approval for initiation of a new Helicopter agreement between the City of Baldwin Park and the City of El Monte for the delivery of police helicopter services. BACKGROUND /DISCUSSION The helicopter has continued to prove itself to be a substantial resource in the prevention and suppression of criminal activity, provides unequaled coverage in area searches, is highly effective in rapid responses to calls for service, and is a significant asset in maintaining the safety and security of our citizens and police officers. The City of Baldwin Park has been receiving helicopter services through a contractual agreement with the City of El Monte; however, the agreement expired on July 1, 2008. The specifications of the contract provided for a shared use and shared expense operation between the cities of Baldwin Park, El Monte, Irwindale, Monterey Park, Azusa, and Montebello. The proposed agreement will allow the police department to continue to use helicopter law enforcement capabilities as a resource in the prevention and suppression of criminal activity. The only change in the new agreement is an increase from $134.00 per hour to $690.00 per hour for additional amounts billed for "special Missions." (e.g. narcotics service, community events) This increase will not have a significant impact on the city because the instances the helicopter is used for such missions is rare. FISCAL IMPACT Pursuant to the provision of the proposed contractual agreement, the City of Baldwin Park would continue to remit a flat rate of $67,500 per year, payable in monthly installments of $5,625.00 to the City of El Monte. (unchanged from last contract) There is an increase in the additional amount billed for "special missions." The increase is from $134.00 per hour to $690.00 per hour. This increase will have minimal impact due to the rare occasions that Helicopter Agreement W/ City of El Monte Page 2 the helicopter would be used in this capacity. This is a budgeted item that is already included in the 2007/2008 police budget in cost center 100.30.340.51100.00000. RECOMMENDATION Staff recommends: 1. That the City Council approve the new agreement between the City Of Baldwin Park and the City of El Monte for the delivery of police helicopter services. Attachment Helicopter Agreement CA Agmt No. 08PS096 HELICOPTER AGREEMENT This Helicopter Agreement (hereinafter "Agreement ") is made and entered this 20th day of December, 2008, by and between the City of El Monte, a municipal corporation ( hereinafter "El Monte ") and the City of Baldwin Park, a municipal corporation ( hereinafter "Baldwin Park "), collectively referred herein as "Parties ". WITNESSETH: Whereas, the cities of El Monte and Baldwin Park are located in the County of Los Angeles, State of California; and V1 71- both El Monte and Baldwin Park have and imd- 111tarri their owri police departments; and Whereas, over the years El Monte and Baldwin Park have cooperated on policing matters and desire to continue to do so in the manner and time described in this Agreement; and Whereas, El Monte is the owner of three R -44 Police Equipped Helicopters, Serial No. 331, Serial No. 11781 and Serial No. 1060 ( hereinafter "Helicopters "); and Whereas, El Monte has placed the Helicopters in use as a part of its policing function; i Whereas, Baldwin Park desires to continue to utilize the Helicopters in aiding its policing function , and Whereas, the Parties hereby agree to terminate the previous helicopter agreement by the execution of this Agreement; and Whereas, the Parties have agreed that they will participate in a Helicopter Program to provide assistance to the contracted Police Departments (hereinafter "Cities" or "Agencies "), subject to the terms and conditions of this Agreement; and Whereas, the legislative bodies of each of the cities has heretofore determined that the public interest, convenience and necessity require the execution and the implementation of this Agreement. NOW, THEREFORE, in consideration of mutual benefits to be derived by the parties and the promises herein contained, the Parties do hereby agree as follows: Section 1. Incorporation of Recitals. The parties acknowledge that the above recitals are true and correct and incorporate those recitals by reference into this agreement as follows: Section 2. Obligations of El Monte. El Monte agrees to make available the Helicopters to Baldwin Park for use in its policing functions. In addition, El Monte shall provide full -time CA Agmt No. 08PS096 police officers (hereinafter "El Monte Pilots ") to pilot the Helicopters, except as provided in Section 2. El Monte shall be responsible for payment of all of the El Monte Pilots' wages and benefits as employees of the City of El Monte, and shall comply with all requirements pertaining to employer's liability, worker's compensation, unemployment insurance, and social security. El Monte shall procure and maintain at all times during the Initial Term or any Renewal Term of this Agreement all appropriate liability insurance coverage on the Helicopter to which El Monte will deliver to Baldwin Park a certificate of insurance evidencing such insurance coverage upon demand. All applicable insurance policies shall name Baldwin Park as an additional insured. The Parties agree that Baldwin Park's failure to issue a written objection to the certificate of insurance within ten (10) days from its receipt by Baldwin Park shall be interpreted to mean that Baldwin Park is satisfied as to the adequacy of the insurance coverage procured and maintained by El Monte and accepts the coverage of El Monte in full. F urtlier, Ell Monte shall be responsible for all maintenance or repairs to the Helicopters. Section 3. Obligations of Baldwin Park. Baldwin Park shall pay El Monte for the use of the Helicopters pursuant to the terms of this Agreement. In addition, Baldwin Park shall provide one full -time employee. It shall be Baldwin Park's option if that employee will either be a Baldwin Park Pilot (hereinafter "BPP ") or Tactical Flight Officer (hereinafter "BPTFO "). If the "BPP" or `BPTFO" is absent from work due to vacation, sick time, personal leave, or compensatory time, Baldwin Park shall make every reasonable effort to provide a replacement. If Baldwin Park is unable to provide a replacement "BPP" or "BPTFO ", the City of El Monte shall have the option of providing a TFO/P or cease flight operations until such time as a TFO /P is available for flight duty. Baldwin Park shall be responsible for payment of all of the BPP /BPTFO wages and benefits as employees of the City of Baldwin Park, and shall comply Witch ail requirements pertaining to employers HaU111 ty, worke s conipensation, unemployment insurance and Social Security. Section 4. Reciprocal Indemnification and Hold Harmless Provisions. El Monte agrees to indemnify and hold harmless Baldwin Park, its elected and appointed officers, employees and agents Erom and against any damage or injury to persons, including death, arid /or property due to the negligence or willful acts by El Monte, their elected and appointed officers, employees and agents in performing its duties and obligations, pursuant to this Agreement. Any claim for indemnification must be submitted in writing to the person set forth for notice contained in this Agreement. Baldwin Park agrees to indemnify and hold harmless the City of El Monte and its other contract cities, its elected and appointed officers, employees and agents from and against any damage or injury to persons, including death, and /or property due to the negligence or willful acts by Baldwin Park, their elected and appointed officers, employees and agents in performing its duties and obligations, pursuant to this Agreement. Any claim for indemnification must be submitted in writing to the person set forth for notice contained in this Agreement. Section 5. Mission. The mission of the Helicopter Program established by this Agreement shall be to provide police air support services for the Police Department of Baldwin Park and such other Cities which participate. Such services shall include, but is not limited to, response to 2 CA Agmt No. 08PS096 emergency calls for surveillance relating to in- progress felonies, crimes against persons, vehicle pursuits and similar activities. The Helicopter Program will be based upon a planned seven (7) day availability per week basis, primarily for nighttime operations. When operations are cancelled due to weather, maintenance or any other matter causing cancellation, the personnel of the parties will be reassigned to their respective police departments for deployment. In such occasions where there is a request or need for air support from more than one (1) city, the mission of the Helicopter Program is to provide air support to the city with the highest priority (nature) of call. Said determination as to which agency shall receive air support shall lie within the sole discretion of the Tactical Flight Officer and /or Pilot in Command. If air support cannot be provided by El Monte to Baldwin Park for "priority call," El Monte shall attelllpt to secure air support from another agency at no additional cost or liability to Baldwin Park. Section 6. Costs. Baldwin Park shall pay to the City of El Monte as and for its proportionate share of the costs to use the Helicopters the maximum of sum of Sixty -Seven Thousand Five Hundred Dollars ($67, 500.00) per year payable in monthly installments of Five Thousand Six Hundred and Twenty Five dollars or more ($5,625.00) commencing thirty (30) days following the execution of this Agreement. Section 7. Special Missions. Baldwin Park shall be entitled to the use of the Helicopters for special missions such as narcotics service, and /or community events (hereinafter "Special Missions "). For any Special Mission requested by Baldwin Park, Baldwin Park shall pay El Monte the total cost of the operation of the Helicopter, computed at $690.00 per hour. There will be a minimum charge of one (1) hour. Special missions shall be billed separately and in addition from the costs set forth in Section 6. Section 8. Non - Liability of Official or Employee of Baldwin Park. No official or employee of Baldwin Park shall be personally liable to El Monte in the event of any default or breach by Baldwin Park :;r any amount of monies which may become due to El Monte under paragraphs 6 and 7. Section 9. Term. The term of this Agreement shall be for a period of 5 years. The terms of this agreement will renew automatically on July 1 of each year thereafter ( "Initial Term ") and subject to the same terms of the Agreement and provided that neither Party is in material default under this Agreement. If changes are to made to the existing contract negotiations will be conducted prior to the start of the new fiscal year. Section 10. Termination. At any time during the Initial Term or any Renewal Term of this Agreement, either Party hereto shall have the right to terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other Party. The effective date of such termination shall be the thirty -first (31S) day following the date of the notice of termination. Baldwin Park shall pay El Monte any costs which would otherwise be payable to El Monte for utilization of the Helicopters, which have accrued up and including the last day of service of the Helicopter. 3 CA Agmt No. 08PS096 Section 11. Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be in writing, served upon the Party to the address and recipient designated below and conclusively deemed served when delivered personally or on the third business day after the deposit thereof in the United States Mail, postage prepaid. All notices, demands, requests or approval hereunder shall be given to the following addresses or such other addresses as the parties may designate by written notice: EL MONTE: City of El Monte 11.333 Valley Boulevard El Monte, California 91731 Aftn. A u__ . City City Manager BALDWIN PARK: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, Calif. 91706 Attn: Police Chief Section 12. Compliance with Laws: In administering the Helicopter Program, the Parties agree at all times to observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Section 13. Binding Effect. ffect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. Section 1.4. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the sections to which they relate. Section 1 1). No Presurliption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. Section 16. Assistance of Counsel. Authority to Execute. Each Party to this Agreement agrees and acknowledges to the other Party that (1) that each Party either had the assistance of counsel in the negotiation for, and execution of, this Agreement, and all related documents; and (2) that each Party has lawfully authorized the execution of this Agreement. Section 17. Dispute Resolution. Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent feasible, be resolved through good faith negotiations between the Parties. If any action at law or equity is required to enforce or interpret 4 CA Agmt No. 08PS096 the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitled. Section 18. Attorney's Fees. If any legal action, or any arbitration or other proceedings is initiated for the enforcement of the Agreement or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of the Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees, witness fees, and other costs incurred in that action or proceeding, in addition to any other relief which it may be entitled. Section 19. Arbitration. Except as otherwise expressly provided herein, the parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, Aaii be resolved by compulsory binding arbitration conducted by a retired Superior Court Judge of the State of California or other qualified person the parties mutually agree upon, provided such arbitration is approved by the legislative bodies of the respective parties. The claim or dispute being arbitrated shall be resolved in accordance with California law. If applicable, the arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings, including, but not limited to, discovery statutes. Each Party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. The Arbitrator shall be selected in the following manner: (1) The Party initiating the arbitration ( "Initiating Party ") shall prepare and submit to the other Party a list ( "List ") containing the names of not less than three (3) retired Superior Court Judges all of whom the Initiating Party believes are qualified to serve as Arbitrator. The names of the judges on the List shall be numbered consecutively. (2) The Party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: (a) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or (b) strike one (1) name from the List. (3) Upon expiration of said ten (10) day period, if no selection is made, the Arbitrator shall be the retired judge on the List with the lowest number next to his name, unless that judge's name was stricken during the ten (10) day period by the non- initiating Party. 5 CA Agmt No. 08PS096 (4) If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator, the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the three retired judges named on a List, are willing or able to serve as the Arbitrator, the Initiating Party shall prepare and submit a new List, containing the names of not less than three (3) different retired judges, and the above described procedure shall be followed until an Arbitrator is selected. Each Party hereto hereby agrees to pay one -half of the compensation to be paid to the Arbitrator, and except as otherwise expressly provided herein, each Party shall bear its own costs and expenses of arbitration, including, but not limited to, attorneys' fees and related costs. By way of illustration, iI the List served by the Initiating Party, upon the other Party, has the name of three (3) retired judges, A, B, and C, numbered 1, 2 and 3, respectively; and number 1 is stricken, then B, Number 2, shall be deemed, for all purposes, to be the selected Arbitrator. Section 20. Severability. This Agreement shall not be deemed severable. If any provision or part hereof is judicially declared invalid, this Agreement shall be void and of no further effect. Section 21. Governing Law. This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. Section 22. Waiver. Waiver by any Party of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. Section 23. Modification. This Agreement contains the entire understanding between the Parties. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each Party. Section 24. Effective Date. Unless otherwise specified herein, this Agreement shall become effective as of the date both Parties execute this Agreement. Section 25. Supersedes All Prior Agreements. This Agreement shall supersede all previous agreements written and approved prior to the effective date of this agreement. Date: ATTEST: Lorene Gutierrez, City Clerk of the City of Ei Monte Date: ATTEST: CA Agmt No. 08PS096 CITY OF EL MONTE Jim Mussenden City Manager of the City of El Monte APPROVED AS TO FORM: E. Clarke Moseley El Monte City Attorney CITY OF BALDWIN PARK Manuel Lozano Mayor of the City of Baldwin Park APPROVED AS TO FORM: Susan Rubio Joseph W. Pannone City Clerk of the City of Baldwin Park City Attorney for Baldwin Park 7 01 TO: Honorable Mayor and Members of the City Council FROM: Marc Castagnola, Community Development Manage_e,_V_�__ DATE: March 4, 2009 SUBJECT: PUBLIC HEARING REGARDING FISCAL YEAR 2009-2010 COMIMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE FUNDS The purpose is for City Council to hold a public hearing and consider the funding allocations for the FY 2009-2010 CDBG public service programs. Pursuant to Housing and Urban Development (HUD) regulations, the City prepared its five- year strategy r1inczirinind to adrir QQ the housing ntnPriq of extremely low, low and rrinriprntiz- .1 income households within the community. The current Five Year Consolidated Plan covers years 2005-2010. Also as required by HUD, the City is preparing its Annual Action Plan for year five (2009-2010) of the Consolidated Plan. The FY 2009-2010 Annual Action Plan which describes the proposed funding amounts and activities to be undertaken for the new program year is due to HUD by May 15, 2nno J .7 For FY 2009-2010, the City of Baldwin Park expects to receive an estimated amount of $486,000 in HOME Investment Partnerships (HOME) entitlement funds, and $40,000 in HOME projected program income; and $1,468,000 in Community Development Block Grant (CDBG) funds, and $40,000 in CDBG projected program income. Of the CDBG amount no more than 15% may be allocated to public service programs, which equates to $226,000. A public service program provides funding or other types of assistance to low-income youth, elderly, disabled, homeless and other special needs individuals. The 15% maximum calculation is as follows: 15% of $1,468,000 $220,000 15% of $40,000 _$6,000 Total amount of available for Public Service Programs $226,000 CDBG Annual Plan PSA March 4, 2009 Page 2 of 2 CDBG program income is generated through the repayment of rehabilitation loans. Actual amounts received vary from year to year. Although HUD allows Cities to include the estimated program income when calculating the amount available for public service programs, it can result in an audit finding if the estimated program income is not generated. Since the Residential Rehabilitation Loan Program is no longer funded with CDBG, the estimated CDBG program income continues to reduce annually. FUNDING RECOMMENDATIONS Commission /Committee Recommendations Joint Housing and Community Services Commission, who form the CDBG Advisory Committee, meld two community meetings. At a meeting held on 1- c- bruary 5t" the Corm rii 'Liee heard presentations by organizations that submitted applications for public service ending. The Committee recommendations were finalized based on their attempt to address the specific needs of the low- income Baldwin Park residents during the current economic crisis. (Please also see Attachment "A "— Draft Committee Minutes from February 5, 2009). The funding recommendations from the Committee are similar with FY 08/09's allocations with the greatest differences pertaining to the Graffiti Removal Program, which the Committee recommended to be reduced by $10,500, which is a 18% reduction and the Church of the Redeemer Food Bank increased by $9,048, which is a 229% increase. The CvnmmittPP'c rational fnr the inrrPagP to the (hi►rrh of the Redeemer Food Bank is to provide assistance to the low- income residents that are directly affected by the current economic crisis. The Church of the Redeemer has also requested to fund administrative costs as well as other social services offered by the organization such as tutoring program, college prep training, holiday food and gift baskets, and marriage counseling. If the City Council awards the Church of the Redeemer additional funds, staff will need direction as to how the increase must be spent. Prior to finalizing the contract, the City has the discretion to identify the type of services to be provided and the maximum amount approved to allocate to administrative costs. All services offered must be clearly noted in the Agreement and final scope of services. E -Team Recommendations The City appreciates the dedication and efforts of the Committee and understands the difficulties included in making such recommendations. With that in mind, the E -Team has elected to provide their recommendations for funding. As previously stated, the recommendations approved by the Committee include a large increase in funding to the Church of the Redeemer made mostly at the expense of the Graffiti Removal program. Taking into consideration the current deteriorating economic situation, the negative impact graffiti creates to the image of the City and the dangerous consequences associated with graffiti, the E -Team is concerned that a reduction in funding to the Graffiti program will be seriously detrimental at this time and create an adverse financial impact to the general fund. CDBG Annual Plan PSA March 4, 2009 Page 3 of 3 Therefore, the E -Team submits the following funding recommendations for City Council consideration: Organization FY 08109 Allocation FY 09/10 Request Committee's Recommendations $ % Change From 08109 E -TEAM Recommendations $ % Change +? From 08/09 Graffiti Removal $60,000 $70,000 $49,500 18 %) $57,000 (50/6 Family Service Center $40,000 $40,000 $40,000 0 $40,000 0 Childcare Subsidy $24,000 $30,000 $28,000 17% $28,000 17% BPPD Pride Platoon $21,274 $44,000 $21,500 1 % $99,000 3% Recreation /Sports Scholarship $25,000 $30,000 $24,000 (4 %) $24,000 (4 %) Youth E iplo rnent 1- 30, or, 10 $30,000 $30,000 -- 0 $30,000 _- 0- Project Sisier- $10;000 $10,000 $7,000 30 %) $7,000 30%,)) Santa Anita Family Services $5,000 $5,000 $5,000 0 $5,000 0 Inland Valley Justice Center 0 $15,000 0 0 0 0 ESGV Coalition for the Homeless $7,000 $15,000 $8,000 14% $8,000 14% Church of the Redeemer Food Bank $3,952 $15,000 1 $13,000 1 229% $5,000 27% TOTALS $226,226 $304,000 1 $226,000 1 $226,000 Program Income The Committee's recommendation included 15% of the projected program income. It is the City Council's option to include the projected program income in its final approval of public service funding. If the City Council opts not to include the program income, the amount available to allocate to public service programs will be reduced to $220,000 (15% of entitlement), which is $6,000 less than the amount recommended by the Commission /Committee. The program description of each public service application is also attached for your review. (Please see Attachment "B "). Public Notification As required, on November 18, 2008 a public notice was published in the San Gabriel Valley Tribune informing the community of the availability of CDBG funds for pubic service programs. The notice provided information regarding the application process and the community meetings with the CDBG Advisory Committee. Also on February 19, 2009, an additional public notice was published in the San Gabriel Valley Tribune for the purpose of informing residents of the public hearing scheduled for March 4, 2009, which provides residents an opportunity to comment on the activities and priorities to be considered in the development of the FY 2009 -2010 Annual Action Plan. CDBG Annual Plan PSA March 4, 2009 Page 4 of 4 FISCAL IMPACT If there is a reduction is funding to the Graffiti Removal Program, there will be an impact on the general fund to supplement the reduced amount. RECOMMENDATION Staff recommends that the City Council: Approve using 15% of the projected CDBG program income in the amount of $6,000 'J' (15% of $40,000) as part of the public service allocation; and Approve the allocations for 'Llhe FY 2009-2010 0DBG p�1,1,`Hc service prc�jrarns by selecting one of the three following options: • OPTION 1 — Approve the Joint Commission/CDBG Advisory Committee's recommendations for funding; or ■ OPTION 2 — Approve the recommendations provided by the E-Team; or ■ OPTION 3 — Revise allocations as the City Council deems appropriate. Attachments Attachment "N'- Joint Commission/CDBG Advisory Committee Draft Unapproved Minutes Attachment "B" — Public Service Applications/Program Descriptions s Joint Commission /CDBG Advisory Committee Draft Unapproved Minutes Housing Commission CITY OF BALDWIN PARK Housing Commission MINUTES Page 1 of 3 THURSDAY, FEBRUARY 05, 2009 6:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Nora Aguila, Chair Eric Cabrera, Abednego Del Rosario, Patricia Hogan, B. Oscar Marin, Magda Torrellas, Mario A. Ventura Commissioners The Housing Commission of the City of Baldwin Park met in at the above time and place. CALL TO ORDER 6:15 pm PLEDGE OF ALLEGIANCE ROLL CALL Present: Vice Chair Hogan, Commissioner Del Rosario, Commissioner Marin, Commissioner Torrellas, Commissioner Bernal, Commissioner Tarango, Commissioner Hernandez, Commissioner Macias. Absent: Commissioner Ortiz, Student Commissioner Ruvalcaba, Student Commissioner Arellanes. Also Present: Michelle Bravo, Administrative Clerk II, Suzie Ruelas, Acting Housing Manager. APPROVAL OF CERTIFICATE OF POSTING FOR February 5, 2009 Motion: Approve CERTIFICATE OF POSTING FOR February 5, 2009 Moved by Commissioner Del Rosario, seconded by Commissioner Tarango. PUBLIC COMMUNICATIONS - None REPORTS OF OFFICERS, COMMISSIONERS, OR COMMITTEES CDBG Public Service Agency Presentations Ignacia Romero, Santa Anita Family Services, Care Manager, provided a brief description of the services offered. Services include care management, in -home assistance, information and referrals. The goal is to assist older adults with independent living. Bilingual Services are available. Current level of funding allows for services 2 days a week at the Baldwin Park Senior Center. This year they are requesting the same amount of funds and will continue to offer the same services. Colleen Castellano, East San Gabriel Valley Coalition for the Homeless, Director, provided a brief description of the services offered. Services include a homeless shelter that is open five days of the week year round. Services offered include showers, food, clothing and motel vouchers. Food is also provided for the transitional housing using CDBG funds. http:// baldwin-oark .Rranicus.com /MinutesViewer.php ?print =l &clip id= 1080 &doc id= cd875f3d- 5003 -10... 2/19/2009 Housing Commission Page 2 of 3 Julie Boynton, Project Sister, Executive Director provided a brief description of their program. Project Sister will continue to provide prevention programs. New services also included Senior Safety at the Senior Center. Hospital accompaniment is provided after sexual assault.They are currently working with Baldwin Park Police Department to create a program that works specifically with juvenile offenders. Funding is requested in order to continue their individual counseling program. The Domestic Violence group did not work out this year due to the need for individual attention by the participants, therefore participants will be counseled on an individual basis. Paul Flores, Redeemer Food Bank, Senior Pastor provided a brief description of their services. Ruth Davila, Founder and Jerry Mora, Program Administrator were also present. Roughly 339 individuals are assisted on a monthly basis. Food baskets are given out once a week to approximately 8 households a week. They are requesting an increase of funding to cover the cost of continuing food bank services as well as new programs that are offered. New services offered include, community events, college prep seminars, after - school tutoring and marriage counseling. Church involvement is not required to particpate in any of their programs. Helen Hernandez, Program Supervisor and Suzie Ruelas, Housing Manager represented all of the City programs including, Graffiti Removal, Youth Employment, Recreation Sports Scholarship, Child Care Subsidy and the Baldwin Park Pride Platoon. Before discussing recommendations the Commission entered into a recess. Motion: Enter Recess CDBG Public Service Aaency Presentations Moved by Commissioner Del Rosario, seconded by Commissioner Macias. Funding Recommendations Meeting resumed at 7 :30 p.m. The Commission began to make their recommendations for the CDBG FY 2009/2010. Taking into consideration the current economic crisis and attempting to address the specific needs of the Baldwin Park low- income residents during this crisis, the commission finalized the recommendations as follows: $21,000 Baldwin Park Pride Platoon, $28,000 Childcare Subisdy, $8,000 ESGV Coalition for the Homeless, $40,000 Family Service Center, $49,500 Graffitti Removal Program, $7,000 Project Sister, $13,000 Redeemer Food Bank, $5,000 Santa Anita Family Services, $24,000 Recreation Subsidy Program and $30,000 for the Youth Employment Program. Motion: Approve CDBG Public Service Agencies Funding Recommendations Moved by Commissioner Torrellas, seconded by Commissioner Del Rosario. ADJOURNMENT - 8:45 p.m. Motion: Adjourn Moved by Commissioner Tarango, seconded by Commissioner Del Rosario. The foregoing minutes were approved as at the Housing Commission Meeting of _ ATTEST: Michelle Bravo Nora Aguila http:// baldwinpark .granicus.com /MinutesViewer.php ?print = l &clip_id= 1080 &doc_id =cd875 f3 d -5003 -10... 2/19/2009 Housing Commission Administrative Clerk 11 Chairperson Page 3 of 3 http:// baldwinpark .granicus.com /MinutesViewer.php ?print =l &clip id=1080&doc—id=cd875f3d-5003-10... 2/19/2009 1 � � •Ak City of Baldwin Park Community Department Community Development Block Grant Funds Public Service Programs City Request for Funds Contact Person: Mike Salas Phone Number /Ext.: 512 (Previous Year Allocation): $60,000 CDBG Amount Requested: $70,000 Other Funds: -0- Total: $70,000 (Please attach a copy of your proposed budget) Project Name: Graffiti Removal at Public Facilities Project Description: This request will provide the graffiti division th6- funding for ,. graffiti abatement services at public facilities within the City of Baldwin Park including: Morgan Park, Syhre Park, Solis Park, Teen Center /Skate Park, and Walnut Creek Park:" Utilization of a contractual service as part of the requested project: , funding -,,'will alleviate the caseload for the in -house graffiti crew thereby allowing themito:focuS om and greatly expedite assisting the public with private abatements viewed .fr'orn °otr public streets in all residential and commercial sectors of the _City:: The.. City: w anticipates that the in -house program will provide service to remove mdre than- 90,000` tags throughout the community in addition to the number of abatements provided by the contractual service in the above named facilities. The City Staff currently provides free service for the removal of graffiti that is, in actuality, the responsibility of the property owner but oftentimes the' graffiti is not ; removed in a timely manner. To ensure that graffiti is removed throughout the community in a timely means possible, it is imperative that the aesthetics of the community are maintained. The Public Works Department desires to continue the current program of assisting wherever graffiti exist on public and private. Therefore, the department respectfully requests the funding of $70,000 to be reinstated for FY 09/10. Funding for public service programs comes from the CDBG program received through the Department of Housing and Urban Development. CDBG funds are for the specific purpose of benefiting low /moderate income households. In order to be eligible for these funds, the program must provide a service to the residents of Baldwin Park and be able to document that at least 51 % of the clientele served earns less than the following income limits. Household Size 1 2 3 4 5 6 7 MyDocu me nts: \C DB G0809Req uestForm Annual Income Limit $42,450 $48,500 $54,600 $60,650 $65,650 $70,350 $75,200 LV Projected Number of Beneficiaries Served: Individuals or Households Estimated Project Completion Date: June 30, 2010. (Please attach additional sheet to provide further Information that may be pertinent to your request.) For Community Department Use Only: Recommendation: Approve 0 Deny 0 $ . Comments: MyD ocuments: \C D BG0809Req uestForm City of Baldwin Park RE Community Department FY 2009 -2010 DES -18 2008 Community Development Block Grant Fund Public Service Programs City Request for Funds Contact Person: Manuel Carrillo Jr. Phone Number /Ext. (626) 813 -5269 (Previous Year Allocation): $00,000 CDBG Amount Requested: $40,000 Other Funds: $41,200 (General Fund) Total: $81,200 (Please attach a copy of your proposed budget) Project Name: Baldwin Park Family Service Center Project Description: The Family Service Center offers a_ variety of social service assistance to the residents of Baldwin Park The FSC is centrally located and is easily accessible to all the residents. The services offered at the FSC include but are not limited to: medical access referrals, Food bank referrals emergency shelter vouchers emergency food vouchers, domestic violence counseling and mental health referrals emergency transportation case management, tutoring and immigration assistance. Over 200 clients are assisted monthly at the center. MpA f 1'en-ILr "lace severe irriloc in ro_octnhlichinn part f our cnmml lnity' nl lr IVlany of ol.Il l.I1G111J IQI�G Jcvere hU1 AIN-, 111 ✓..a� ��� �y as pal t n. , staff is committed to assisting those clients in need. Our target service area is the low to moderate area of Baldwin Park. Staff is requesting a grant in the amount of $42,500.00 to offset the cost of the staffing for the facility.. _- _ f the _$42,500 allocation of $3,000 will be Jnecifically earmarked towards a motel voucher program?._ s noted above, the general fund contributes to the success of the Family Service Center by covering expenses for utilities, materials and supplies building maintenance outside printing and part time staffing. Funding for public service programs comes from the CDBG program received through the Department of Housing and Urban Development. CDBG funds are for the specific purpose of benefiting low /moderate income households. In order to be eligible for these funds, the program must provide a service to the residents of Baldwin Park and be able to document that at least 51% of the clientele served earns less than the following income limits. Household Size 1 2 3 4 G7 Projected Number of Beneficiaries Served: Annual Income Limit $42,450 $48,500 $54,600 $60,650 $65,650 $70,350 $75,200 $80,050 Individuals or 1500 Households Estimated Project Completion Date: (Please attach additional sheet to provide further Information that may be pertinent to your request.) For Community Department Use Only: Recommendation: Approve F-I Deny F-I Comments: Reviewed By.. Approved-. City of Baldwin Park Community Department DEC 18 2008 FY 2009 -2010 Community Development Block Grant Funds �• Public Service Programs N- City Request for Funds Contact Person: Manuel Carrillo, Jr. Phone Number /Ext. (626) 813 -5269 (Previous Year Allocation): 00000 CDBG Amount Requested: $30,000 Other Funds: $13,395 (General Fund) Total: $43,39 5 (Please attach a copy of your proposed budget) Project Name: Child Care Subsidy Program Project Description: This program provides working parents with financial assistance to offset the cost of child_ care services Parents and participants must be Baldwin Park Residents to qualify for the subsidy, and meet low to moderate - income levels. Parents are allowed to select a childcare center of their choice to enroll their children as long as the care provider is licensed or a City operated program Scholarships are set on a sliding scale based on the number of children and the total amount paid for the childcare services as well as total family size and income. i_ the +.+ Q JH,e 1 try nrniirio proof n income T o participate it � the program pare..�� are reuu�� cU w N� ��,u� proof �f address_ an Inc....... verification The entire amount of $30,000 goes directly to participating families and the department absorbs the remaining costs and /or expenses for utilities materials and supplies, building maintenances outside printing expenses and part time staffing. Funding for public service programs comes from the CDBG program received througiI the Department of Housing and Urban Development. CDBG funds are for the specific purpose of benefiting low /moderate income households. In order to be eligible for these funds, the program must provide a service to the residents of Baldwin Park and be able to document that at least 51 % of the clientele served earns less than the following income limits. Household Size N El Projected Number of Beneficiaries Served: Estimated Project Completion Date: Annual Income Limit $42,450 $48,500 $54,600 $60,650 $65,650 $70,350 $75,200 $80,050 Individuals or 70 Households (Please attach additional sheet to provide further Information that may be pertinent to your request.) For Community Department Use Only: Recommendation: Approve = Deny = $ Comments: Reviewed By._ Approved: City of Baldwin Park m,mat Community Department DEC 20L., FY 2009 -2010 Community Development Block Grant Fu, ds Public Service Programs City Request for Funds Contact Person: David Reynoso (Previous Year Allocation):$19,000 CDBG Amount Requested: $44,000 Other Funds: $ (Please attach a copy of your proposed budget) Phone Number /Ext. 440 Project Name: PRIDE Platoon At Risk Juvenile Boot Camp Total: $44,000 Project Description: The PRIDE program is specifically designed to deal with at risk youth. It utilizes proactive and innovative techniques for positive redirection. Overseen by Baldwin Park Police personnel, the 8 -week program offers treatment, prevention and disciplinary components to alter negative behavior. The PRInF nrr)nram is a collaborative effort between law enforcement and community -based V...y organizations, with law enforcement being the facilitator. The objective of the program is to identify problems within the family that have surfaced through juvenile delinquency. Juveniles with antisocial behavior such as truancy, incorrigibility, minor law offenses, etc., may be considered for the program. The components of the program are: Intake night, Counseling and Family Action, Community Service, Physical T raining, Behavior Modification, Career Guidance and Classroom Curriculum. The requested funding will allow the Police Department to host two PRIDE programs. Funding for public service programs comes from the CDBG program received through the Department of Housing and Urban Development. CDBG funds are for the specific purpose of benefiting low /moderate income households. In order to be eligible for these funds, the program must provide a service to the residents of Baldwin Park and be able to document that at least 51 % of the clientele served earns less than the following income limits. Household Size Annual Income Limit 1 $42,450 2 $48,500 3 $54,600 4 $60,650 5 $65,650 6 $70,350 7 $75,200 8 $80,050 Projected Number of Beneficiaries Served: Individuals or 90 Households Estimated Project Completion Date: May 2010 (Please attach additional sheet to provide further Information that may be pertinent to your request.) For Community Department Use Only. Recommendation: Approve = Comments: Reviewed By'. Deny = $ Approved-. 1.- 1-D City of Baldwin Park Community Department i DEC 10 2FIDp j FY 2009 -2010 Community Development Block Grant Fun ._. Public Service Programs City Request for Funds Contact Person: Manuel Carrillo Jr. Phone Number /Ext. (626) 813 -5269 (Previous Year Allocation): 000000 CDBG Amount Requested: $30,000 Other Funds: $11,362 (General Fund) Total: $41,362 (Please attach a copy of your proposed budget) Project Name: Recreation and Sports Scholarship Program Project Description: The Recreation and Sports Scholarship Program provides children of low and moderate - income families in the community with scholarships that will allow them to participate in organized youth sports programs and recreation classes. The City offers 70% of a child's registration fees in an amount not to exceed $150.00 per child regardless of family size. Staff requires that all participants provide proof of address and income verification. The Youth Scholarship program has been instrumental in providing children with an opportunity to receive experiences regarrulieSs of tnelr aD111TY rn nay . I ne tiCnnlar6f!p program has provided an essential service to the youth of our community. The entire amount of $30,000 goes directly to participating families and the department absorbs the remaining costs and /or expenses for utilities materials and supplies building maintenances, outside printing expenses, and part time staffing. Funding for public service programs comes from the CDBG program received through the Department of Housing and Urban Development. CDBG funds are for the specific purpose of benefiting low /moderate income households. In order to be eligible for these funds, the program must provide a service to the residents of Baldwin Park and be able to document that at least 51 % of the clientele served earns less than the following income limits. Household Size Annual Income Limit $42,450 2 $48,500 3 $54,600 4 $60,650 5 $65,650 6 $70,350 7 $75,200 8 $80,050 Projected Number of Beneficiaries Served: Individuals or _150 Households Estimated Project Completion Date: (Please attach additional sheet to provide further Information that may be pertinent to your request.) For Community Department Use Only: Recommendation: Approve F—I Deny = Comments: Reviewed By: Approved- City of Baldwin Park �W Community Department T 18 Zo FY 2009 -2010 Community Development Block Grant Funds Public Service Programs HOt City Request for Funds Contact Person: Manuel Carrillo Jr. Phone Number /Ext.: (626) 813 -5269 (Previous Year Allocation): $00,000 CDBG Amount Requested: 30,000 Other Funds: $ 13,208 (General Fund) Total: 43,208 (Please attach a copy of your proposed budget) Project Name: Youth Employment Program Project Description: The program works to provide iob opportunities for youth in our community who need positive alternatives throughout the year. Our Youth Employment program compliments our Department by acting as a feeder program to our regular part -time staffing needs The program provides Mob opportunities for low- moderate income youth between the ages of 16 -21 years in the community. To date we have 13 participants and have exhausted over 56% of the entire allocation of $30,000 for the program This Fiscal year several of the participants have been hired as permanent part -time staff now that then have reached the age of 18. The participating youth have gained valuable work experience after being placed in various iob locations throughout the City. The requested amount of $30,000 will go towards funding the program the department will use other funds to absorb the administration costs of the program including, expenses for utilities, materials and supplies, uniforms outside printing expenses, participant supervision and program management. Funding for public service programs comes from the CDBG program received through the Department of Housing and Urban Development. CDBG funds are for the specific purpose of benefiting low /moderate income households. In order to be eligible for these funds, the program must provide a service to the residents of Baldwin Park and be able to document that at least 51 % of the clientele served earns less than the following income limits. Household Size Annual Income Limit $42,450 $48,500 $54,600 $60,650 $65,650 $70,350 $75,200 $80,050 Projected Number of Beneficiaries Served: Individuals or —20—Households Estimated Project Completion Date: (Please attach additional sheet to provide further Information that may be pertinent to your request.) For Community Department Use Only: Recommendation: Approve F—I Comments: Deny Fl $ Reviewed By: Approved.-. PROJECT SISTER APPLICATION CHECKLIST ORGANIZATION —PROJECT SISTER FAMILY SERVICES Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496.. 1 APPLICATION FORM Z. BUDGET PROPOSAL (ATTACHMENT A\ 3. V BOARD OF DIRECTORS AFFIDAVIT 4. v1 ORGANIZATION BY-LAWS 5. CHARTER OF ARTICLES OF INCORPORATION 6. V IRS TAX EXEMPT STATEMENT 7. MOST RECENT AUDITED FINANCIAL STATEMENT 8. PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 18, 2008. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 il��1111111 I I I !I! ;Iri�r 1 0 SWAIM 1,11ii, Tlii 1y;i1i re • • ME I'A 0 ro].N L T IFTAIL T I T Ilow- • Ire .14 ffilgf]:4211 mwq g wj I i q MR DO M I Pl December 11, 2008 City of Baldwin Park Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Dear Ms. Ruelas, As we discussed by phone earlier today, I have changed the scope of our CDBG proposal significantly this year. In prior years we have provided, or attempted to provide with varying success, a Domestic Violence Support Group, walk -in counseling and support for domestic violence survivors and therapy groups for abused teens at each of the three high schools. These activities on the whole have been unsuccessful for a variety of reasons including communication issues with the schools. This year we felt confident that all issues were resolved and we began the year from a position of strength. In September our Domestic Violence Support Group fell apart primarily because the members began fighting over who would get the most attention and those who did not drop out, shifted into individual counseling. This is not an uncommon phenomenon with regard to groups and the reason that most psychotherapists do not offer group in their private practices. We have never had more than a few walk -in DV clients at the Family Service Center and this year to date there have been none. We will be advertising in your local community newsletter, but the ad will not go out to the community until the February issue, so it may be too late in the year to expect that a new group will be able to form before May. We started early in the schools, but with the exception of two students at Sierra Vista High School, there has been no interest in the group to support teens who have experienced either sexual violence or abuse. So, this is essentially our whole program with the exception of our individual counseling program. For next year PSFS is proposing to offer the one program that we know is successful and that is our counseling services. There is demand for this service above all others from the residents of Baldwin Park. In addition, PSFS is prepared to continue to offer all of the other services mentioned above on an as needed basis to your city residents, but as activities not funded through CDBG. PSFS is committed to offering all of the services identified by your Social Action Committee and City Council, but we will offer these in addition to the counseling service that we know your residents will take advantage of. Thank you for considering our request. PSFS looks forward to our continuing partnership and I hope that you will see that we are sincere in our commitment to the City of Baldwin Park. Sincerely JeOI(e Boynton, LCSWj I Executive Director DFQ I 7 (� P aj 1.. pp Gri S I S G e p P.O. Box 1369 Pomona, CA 91769 -1369 Ph: 909.62&1619 or 626.915.2535 Fx: 909.622.8389 LEADING FAMILIES TO SAFER FUTURES SINCE 1972 info @hrojectsister.org. December 11, 2008 City of Baldwin Park Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Dear Ms. Ruelas, As we discussed by phone earlier today, I have changed the scope of our CDBG proposal significantly this year. In prior years we have provided, or attempted to provide with varying success, a Domestic Violence Support Group, walk -in counseling and support for domestic violence survivors and therapy groups for abused teens at each of the three high schools. These activities on the whole have been unsuccessful for a variety of reasons including communication issues with the schools. This year we felt confident that all issues were resolved and we began the year from a position of strength. In September our Domestic Violence Support Group fell apart primarily because the members began fighting over who would get the most attention and those who did not drop out, shifted into individual counseling. This is not an uncommon phenomenon with regard to groups and the reason that most psychotherapists do not offer group in their private practices. We have never had more than a few walk -in DV clients at the Family Service Center and this year to date there have been none. We will be advertising in your local community newsletter, but the ad will not go out to the community until the February issue, so it may be too late in the year to expect that a new group will be able to form before May. We started early in the schools, but with the exception of two students at Sierra Vista High School, there has been no interest in the group to support teens who have experienced either sexual violence or abuse. So, this is essentially our whole program with the exception of our individual counseling program. For next year PSFS is proposing to offer the one program that we know is successful and that is our counseling services. There is demand for this service above all others from the residents of Baldwin Park. In addition, PSFS is prepared to continue to offer all of the other services mentioned above on an as needed basis to your city residents, but as activities not funded through CDBG. PSFS is committed to offering all of the services identified by your Social Action Committee and City Council, but we will offer these in addition to the counseling service that we know your residents will take advantage of. Thank you for considering our request. PSFS looks forward to our continuing partnership and I hope that you will see that we are sincere in our commitment to the City of Baldwin Park. Sincerely JeOI(e Boynton, LCSWj I Executive Director DFQ I FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2009-2010 PLEASE TYPE OR PRINT AGENCY INFORMATION Agency Name: _Project Sister Family Services (PSFS) Agency Address: 363 S. Park Avenue, Suite 303 Number –Pomona, CA 91766_ Street city 2m• Administrator:–Julie Boynton, LCSW Title: –Executive Director. Administrator Telephone: 909-623-1619 — Fax: 909-622-8389 Project Site Address: (�;+ W 7in rode Street City *PSFS will provide services at the City of Baldwin Park Family Service Center. For clients who choose to be seen at another site, we offer counseling services at our main office in Pomona or at our satellite office on the campus of Queen of the Valley Hospital in West Covina. Project Manager: _Dina Daleo, Psy. D. Title: –Clinical Services Director- Project Manager's Telephone:-909-623-1619 Fax: 909-622-8389 Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). In the early 1970's, a series of violent assaults against women occurred in the Pomona and Claremont area Since there were no local services to aid sexual assault survivors, a group of local women began operating a 24-hour rape crisis hotline from their homes. In 1972, their vision resulted in the incorporation of Project SISTER, Sister In Service To End Rape. Since then, we have served the East San Gabriel Valley and the Inland Valley with crisis intervention and violence prevention programs. Now as Project Sister Family Services, we continue our mission to reduce the trauma and risk of sexual violence and child abuse. In fiscal year 2007-2008, PSFS served 49,735 unduplicated persons in all services and programs. All services are provided in English and Spanish. Has the Agency previously received funding from the City of Baldwin Park? X_ Yes (if yes, number of years_6_) No Grant Amount Requested $_10,000 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. Provide 133.33 hours of counseling at $75.00 per hour which includes: • individual, couples, family counseling for survivors of sexual and domestic violence. This service can take place at the City of Baldwin Park Family Service Center, PSFS's satellite office in West Covina or at our main office in Pnmona as schedulina allows. PSFS proposes to provide 133.33 hours of individual counseling to a minimum of 13 child or adult survivors of sexual violence and /or domestic violence. This averages 10 counseling sessions per person at a cost of $75.00 per hour, a reduction from our overall cost of $110.00 per hour. The California Department of Justice reported that in Los Angeles County, for example 24.9% of the state's arrests for spousal abuse - l..1,208 arrests - were made in 2005 compared to A9 owl ctnfizwiriP Ar.mMina to a study of the U.S. Senate Judiciary Committee cited in the 2006 California Coalition Against Sexual Assault (CALCASA) report, this problem has damaging impact on the next generation as well as children are eight times more likely to be sexually molested in families where domestic violence exists than in non - violent families The healing effects of counseling are essential to preyenting. a pattern of self- destructive behaviors from developing in a person who has experienced the trauma of sexual or physical abuse particularly children and teens Often the insidious effects of violence will lead to high risk behaviors in survivors' adult lives such as abuse of drugs and alcohol promiscuity, a higher rate of teen pregnancy, and poorer health overall than their peers Children who learn violence in their homes may also continue the cycle of abuse in their families as adults Many survivors have served time in prison for prostitution or drug use which comes at great cost to their children and to society. Through treatment by a PSFS counselor, survivors of violence can overcome the trauma that left untreated can lead to depression or post traumatic stress disorder. Our counselors work closely with vulnerable victims of abuse to relieve fear and anxiety through therapy, and restore feelings of self - worth and hope Our goals for counseling clients are to experience a reduction in immediate crisis and feelings of anxiety reduction of trauma symptoms, and an overall increase in functioning The long -term impact of our counseling services is determined by the extent to which clients demonstrate a significant, measurable reduction of symptoms and an increased level of functioning. Improvement is measured by the Trauma Symptom Inventory for adults and the Trauma Symptom Checklist for Children (TSCC) for clients 17 and under. Both of these measurement tools assess reduction in overall anxiety, depression, anger, and post- traumatic stress It is administered by a PSFS clinician at counseling intake every 6 months thereafter, and at discharge. Our goal is that 75% of counseling clients will show continuing improvement in symptom distress and overall functioning_ level over the course of treatment. In the case of child survivors our counselors consult with parents and occasionally with parental approval teachers to obtain information on the child's observable progress in home and school settings This information includes reports on the frequency of occurrence or reduction of nightmares behavior with authority figures or with other children and other behavioral indicators that help counselors to evaluate results of therapy. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) Adult and child survivors of sexual and /or domestic violence. Individuals may additionally be homeless elderly, mentally disabled or physically handicapped. Describe any special characteristics of your client population. Our counseling clients for this program will all meet low income criteria as defined by HUD and evidenced by required documentation of income and residence. Increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 7 regarding Presumed Benefits. Does your agency obtain this information? X Yes No If yes, does your intake sheet and supporting documentation obtain the following: 1. Name Yes—X— No_ 2. Address Yes —X— No. 3. City in which client last resided. Yes_X No. 14. AK Number of family members. Vee X Nin 5. Total family (household) income. Yes—X— No 6. Ethnicity Yes_X No 7. Female head of household Yes —X No Pursuant to federal requireo`iients, :f your agency is enable car unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: june Printed Sign Presumed Benefit itive Di Title -10 -08 Date Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children • Battered spouses • Elderly persons • Illiterate persons • Persons with acquired Immune Deficiency Syndrome (AIDS). • Adults meeting Bureau of Census definition of severally disable persons • Homeless persons • Migrant farm workers Which further describes the activity you are proposing? A) The project will benefit a presumed benefit* clientele as defined by HUD. B) The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) _X *_ The project limits services to only CDBG eligible - income persons. *and including those clients who meet presumed benefit criteria with specific regard to survivors of domestic violence. In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. ��,.... ...r,Y,�n +o +ha fnllmAlinn fahlec with \Irlllr agency's current budget (including Please LsVlISI.lIG IG !111- 1W11 v —tJ ! 17 -11-1 CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. uj uj U) 0 w CL C> CD a) a) U) M C4) 7(—D; 04 Ul) a) CD 04 0) fl- 0) ,a 0a co r,: cr� 00 cl) lot U) CV) O T - T- a) a) 04 CF) to CL Ot Q tc� a Q cc� CA cc� cc� T"� 0 0. m ( .0 cl) q* T- a) 00 r r r CO) O N C14 cc a. 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M O LO Lo m 00 M O co CA O O Co M O r `; O N — t� 0 F- 00 O N Imo- N � N LC) N M 't N m N N O O O M O LO Cfl t- O tr- 1� 00 N CSC LO r CD C4 m LO 00 m O M O O O (O M C9 O 1` M a ® O c v U O o o O O O o � M o 0 0 0 � d o L _ a) L {.a ® 00 r m (fl M O Chi !.� O P- O CO O ® M O M N C3? Uf) C1 O IT r N co O M N C� li i ti Imo- d N co O co Li) N U-) co O N N L U O N ii CO O CD co f` co O m M co O O O N -W O F- CCi O N m Cfl M m 13 � O Imo- O , co O (::: co O M N O d' LO O L6 N m M N O US ti d' C� N M L6 N M C� CO N w N `o U N Q 0) C O S Ca CL 0 O ry U) CU O - i- M re CU 22- :3 SZ CO 0 _� C) E m CO C C a) 7 > C N v N 2 v¢ C) U C m J Ca) U s= cu CU 0 (D O I- si O d tLf I- Please list names Of members and officers of the Board Of Directors of this Agency k�t�\Ch8d an additional sheet, if necessary). If there are changes in the Board ` membership after the request is submitted, the City Of Baldwin Park DOUGt be notified in Name Title Term Expires 1. Board Roster attached 07/01/09 TO 06/30/10 BALDWIN PARK RESIDENTS 2. 13 - NON-BALDWIN PARK RESIDENTS 3. 190 4. 5. Name Of Executive Director Julie Boynton, LCSW Pke8S8 D[OVid8 the actual OUDlbe[ of your total clients to d@f8 and the projecte data for the UpCOD1iOg fiscal V88[ Please complete this table [8g@RjleGS if you [8CHk/e * All numbers are from 7-1-08 through 11-30-08 including both CDBG funded and non-funded activities. CDBG funded activities include 8 individuals for a total of 71 counseling hours and 5 individuals in 9 Domestic Violence support groups. Other services provided in Baldwin Park, but not CD8G funded include: Teen Prevention Education 976; Senior Safety 50; Community Education 1,000; Hotline Calls 7; Hospital Accompaniment 1; Walk-ins 7 (none were domestic violence vindms). **Counseling only Actual* Projected** 07/1/08 TO Current 07/01/09 TO 06/30/10 BALDWIN PARK RESIDENTS 2,044 13 - NON-BALDWIN PARK RESIDENTS 20,723 190 * All numbers are from 7-1-08 through 11-30-08 including both CDBG funded and non-funded activities. CDBG funded activities include 8 individuals for a total of 71 counseling hours and 5 individuals in 9 Domestic Violence support groups. Other services provided in Baldwin Park, but not CD8G funded include: Teen Prevention Education 976; Senior Safety 50; Community Education 1,000; Hotline Calls 7; Hospital Accompaniment 1; Walk-ins 7 (none were domestic violence vindms). **Counseling only PROJECT SISTER FAMILY SERVICES BOARD ROSTER Yulenda Davis-Qmamie, President Chief Executive Officer Citrus Valley Health Foundation/Marian Hall 1115 8. Sunset Ave. West Covina, CAS179O (628) 814-2421 vvh /826\ 814-2455 fax (909)910-0513 cell office expires O/3O/1O since 12/1980; exp. 6/30/10 CammerimaPalomnermSchwartz, Vice President P8FG Volunteer Advocate CCC |DfDr03LioD 8ySteDlS. Inc. 2100 Route 06 G|andora, CA 91740 800-621-8070 wk cam p(q-),hotmail.com office expires 6130/09 since 1/2007' eXp 6/30/10 Renee Burgos, Treasurer Director Of Operations — Family Health Center Pomona Valley HOSpib3| K8ediC8{ Center 1770 N. {}range Grove Avenue, Suite 101 Por08D8'CAQ1787 /908\489-0490vvk (909)620-7285 fax Renee. BurqosC@-pvhmc.orq office expires O/3O/OS since 3/2008; exp.O/3O/OS Or. Susan Ku||mmann,Secretary Doctor Geeh. Web Designer fLConsultant PO Box 933 Claremont, CA. S1711 (909)964-0836 wk Susan. Kullmannaqmail.com office expires 8/3O/1O since 7/2004; exp. 6/30/10 Linda Abelrnan Director of Donor Relations Cal Poly Pomona 38O1VV. Temple Avenue Pomona, CA917O8 /909\809-4320 since 11108; exp. 6130/10 Charles W.Bader C\8/B{}OOSU0Og 1O5OHiUCrBStDrive Pomona, CAS17O8 (909)623-6020 wk (909)865-5051 fax since 3/2008; exp. 6/30/09 Lucy Oang,8OSW Medical Social Worker K8oUDt8iD View Dialysis 800 South K8OUDt@iO Avenue Monrovia, CAS1O18 626-932-01811.1 wk since 7/2008; exp. 6/3010 0ebbiAOcFa|[ Emergency Services Coordinator Cal Poly Pomona 3801 West Temple Avenue Pomona, CAS17O7 909-869-6981 wk since 1/2008; exp. 6/30/10 Rob Robinson Deputy Sheriff/ Driver Training Instructor Los Angeles County Sheriff's Department 1101 VV. McKinley Avenue Pomona, CA817O9 '9OS`O218-Q535vVh(9OS\023-O371fax (909)757-9554 cell R1 Robins(��Iasd.orq since 2/2008; exp. 8/30/10 Christina Vera Educator, Pomona Unified School District 1132 Baughman Dr. Claremont, CA. S1711 (809)387-4900'BXt2573wh christinavvera(a-)-netscape. net since 1/2003; exp. 6/30/10 Revised 11/18108 CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start -up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally, shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. AGENCY CERTICATION As the Executive Director, or duly authorized representative of Proiect Sister Family Services, I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this nnnlinntinn is tri IP nnri r r)rrACt Julie Boynton Executive Director Print Name Title or vfricer Sigk4,t`�ir` 'A Date 909 -623 -1619 Phone Number �. poillaua, GA 91769'- 1 3C' ) Ph: 909.633. 16 1.9 t '626.9),").2,535) )) PaMilty 4Z 9�i��1.21J 19 +.. _'AOII�N FAMIN A O SJA�_ R h0i ,iFIz "', R\Kil I'M2 1�a I tUJ!' {,IuTStlt l l! . WHEREAS Proiect Sister Family Services desires to authorize Julie Boynton, Executive Director, to request funds from city, county, state and federal governments, corporations, and foundations including, but not limited to: Baldwin Park, Chino, Chino Hills, Claremont, Covina, Glendora, La Verne, Montclair, Ontario, Pomona, Rancho Cucamonga, San Dimas, Upland, West Covina, Whittier, LA County Department of Mental Health, San Bernardino County Behavioral Health Services, LA and San Bernardino Counties Departments of Children and Family Services, State Department of Health Services and Office of Emergency Services. WHEREAS Proiect Sister Family Services desires to authorize Julie Boynton, Executive Director, to negotiate and contractually bind the agency with regard to funding grants and contracts. NOW, THEREFORE, BE IT RESOLVED that the Executive Director of Project Sister Family Services is authorized, on its behalf, to submit funding requests /proposals to the above - referenced entities and is authorized to negotiate and contractually bind the agency on behalf of the Board of Directors. BE IT FURTHER RESOLVED that the agency agrees to provide all matching funds /in -kind services required for a proposal (including any amendment thereof) under the Program, and the funding terms and conditions of the funding agency, and that if required, the cash match will be appropriated. IT IS AGREED that any liability arising out of the performance of any Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. I hereby certify that the foregoing is a true copy of the resolution adopted by Proiect Sister Family Services of the Board of Directors in a meeting thereof held on July 15, 2008 by the following: Vote: 6 Ayes: 6 Noes: 0 Absent: 3 Signature: 1� l' �I a �/�i y-1i"yu Date: 7 -15 -08 Typed Name and Title: Yulanda Davis- Ouarrie President i f`'� ATTEST: `— ;. /�i2c Date: 7 -15 -08 Typed Name and Title: Susan Kullmann, Secretary KO 10101 On I : Lei Revised: May 20, 2008 2 PROJECT SISTER FAMILY SERVICES BYLAWS ARTICLE I. NAME Section 1.01. The name of this corporation is PROJECT SISTER FAMILY SERVICES, referred to further herein as PSFS. ART ICLE li. PRINCIPAL OFFICE The principal office of the Corporation (`Principal Office ") for its transaction of business shall be at such location as the Board of Directors ( "Board ") may determine at any time or from time to time. ARTICLE III. PURPOSES Section 3.01. The corporation has been organized to operate exclusively for charitable purposes without limitation, in accordance with the mission of the ri a: i ogaHLUio1 . Section 3.02. The mission of PSFS is to reduce the incidence and trauma of sexual assault and child abuse in the communities we serve. We seek to accomplish our mission through (1) crisis intervention and ongoing assistance to adult and child sexual assault survivors, their families and significant others, and (2) Sexual Assault Awareness and Prevention Education Programs. Further purposes are set forth in this agency's Articles of Incorporation. PSFS will not discriminate against any person on the basis of race, color, religion, national or ethnic origin, sexual orientation, disability, gender, or age in the provision of its services or in the hiring of its staff, selection of volunteers and Board. ARTICLE IV. MEMBERS Section 4.01. Members: The Corporation shall have no members within the meaning of Section 5056 of the California Corporations Code or any successor statute. ARTICLE V. BOARD OF DIRECTORS Section 5.01. Qualifications: The Board of Directors shall consist of persons who demonstrate interest in the mission of the organization, who support the policies of the organization and who possess special skills and talents needed by the organization. It is the commitment of the organization to seek to maintain a Board composed of persons who reflect the racial, ethnic, socioeconomic and geographic composition of the communities that are served. Section 5.02. Number of Directors: The Board of Directors shall consist of not less than sever, (7) positions nor more than fifteen (15) with the exact number of Directors to be fixed by approval of the Board in accordance with these bylaws. Section 5.03. Term of Office: A Director shall be elected for a term of two years and take office at the regular Board meeting immediately following the election. (See Article XI, Election to the Board of Directors) Directors may be elected to one or more two -year terms, or to complete a term of a director who has resigned or been removed from the board. Section 5 0 4 Board Meetings: A minim, 'M of 6 meetings of the Board of Directors each year shall be scheduled. The meetings shall be conducted according to standard parliamentary procedures except where these rules conflict with provisions of these bylaws. Meetings will be chaired by the President or in her /his absence, by the Vice President or other officer as needed. Section 5.05. Special Board Meetings: Special meetings of the Board may be called by the President, any officer of the Board or by any two (2) directors. The request shall be in writing, state the business to be transacted at the special meeting, and be mailed, faxed or emailed to the Principal Office of the corporation or delivered to the President, Vice president, or Secretary. It shall then be the duty of the Secretary to cause notice of the meeting to be given to Directors within six (6) days notice of such meeting by first class mail, postage prepaid, or on forty -eight (48) hours notice delivered personally, by telephone or by FAX or by email. Special Board meetings may be held by physical, telephonic or electronic means. Section 5.06. Quorum: A simple majority of Directors must be present for the Board to conduct official business. Decision- making rests with a simple majority of those present. Each Director shall have one vote. The President shall vote only in case of a tie. Any Director with a conflict of interest must so state and abstain from voting. Section 5.07. Vacancies on the Board: When a Director dies, resigns, or is removed, the Board of Directors may elect a Director to serve for the duration of the unexpired term. (See Article XI. Section 11.01.) Section 5.08. Removal of a Director: Any Director may be removed with cause from the Board of Directors by an affirmative vote of a two- thirds majority of the Directors present at an official meeting of the Board. Cause for removal may include, but is not 4 limited to, a Director not meeting a basic standard of conduct for a Director. Basic standards require that a Director perform as such: In good faith, in a manner the Director believes is in the best interest of the organization, and with such care, including reasonable inquiry, as an ordinarily prudent person would use in similar circumstances. Notice of intention to consider removal shall be given to each Director and to the Director affected at least seven days before the meeting. The Director involved will be given an opportunity to be present and to be heard at the meeting at which the removal is considered. Failure to attend 50% of regular Board meetings, without advance excuse., in any given 12 -month period will result in removal from the Board of Directors without notice. Section 5.09. domination: Any person qualified to be a Director under Section 4.01. of these Bylaws may be recommended to the Nominating Committee or by current Directors at any time there is a vacancy on the Board of Directors. The Nominating Committee shall review suggested applicants and make recommendations to place a candidates name in nomination at one of the regular Board meetings. Election to the Board requires endorsement of the Nominating Committee and a simple majority vote of the Board of Directors. Section 5.10. Compensation: A Director shall not be compensated for time or service as a Board Member. Reimbursement will be made only for expenses incurred as a direct result of representing Project Sister in an approved function and within budget and fiscal guidelines. No person serving on the Board of Directors at any time droll holin been cornnancataci by the Corporation for services rendered to it within the all Bull I ICA. V previous 12 months. Section 5.10. Conflict of Interest: No Director shall be financially interested in or receive financial benefit from any contract or other transaction entered into by the Board and, any contract or transaction entered into in violation of this is void. No member of the Board may utilize information obtained by reason of Board membership for personal gain and, the Board may seek to recover any such gain realized. No Director shall participate in any deliberation or vote on any matter coming properly before the Board in which the Director has a personal financial interest which would conflict with that Director's fiduciary responsibility to PSFS. Each Director shall file a general written statement regarding his or her conflict of interest situation (actual, potential, or none). This statement shall be filed with the President, or Executive Director during the first month of each fiscal year, or when a Director is appointed to the Board. The President will review the Conflict of Interest statements and make them available to all members of the Board of Directors. Board Members shall be responsible for advising the President of any changes in their status which would modify their annual Conflict of Interest Statement. If a Director is in a conflict of interest situation, he or she should indicate at the time of the contractual or other decisions or discussions and abstain from voting on the issue. Directors of the Board and the Executive Director shall secure Board approval prior to engaging in any contract or agreement for fundraising events, agency endorsement of proposed legislative actions, collaborative agreements with other agencies or matters related to financial transactions separate from budgeted expenditures or adopted program or operational plans. A statement of agreement shall be filed with President prior to such agreements. Section 5.12. Attendance: Each Director must attend at least 50% of the regular Board meetings (see Section 5.08 for removal policy). Section 5.13. Liability of Directors: No person who is now, or who later becomes a director of this agency shall be personally liable to its creditors for any indebtedness or liability of the agency. Any and all creditors of this agency shall look only to the assets of the agency and Board of Directors' Insurance for payment. Section 5.14. Transaction of Business: Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be the act of the Board of Directors. Section 5.15. Board Access to Information: in advance of each meeting of the Directors, _.... 1t-. .. Executive +ii,n nirr�n+rlr chn1i nrrwirle each Director with notice of Boar -a' or Direc ors, he Execu ive L-111 .'' ' r,..,.•.,. each meeting, a meeting agenda, a financial report for the prior month(s), and data as requested by the Directors. ARTICLE V1. POWERS AND DUTIES OF THE :iR1 OF DIRECTORI Section 6.01. Corporate Powers: Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and the Articles of Incorporation or these bylaws, all corporate powers shall be exercised by or under the authority of the Board of Directors. The Board shall employ an Executive Director rYho shall be responsible for the day to day operation of the activities of the corporation in accordance with the policies of the affairs of the corporation. The Board is authorized to delegate its powers to committees, officers or employees to the extent consistent with law. Section 6.02. Committees. The Board of Directors may appoint such committees as seemed appropriate in carrying out its purpose. Other committees may be formed for special purposes, each consisting of one or more directors, upon approval of the Board of Directors. Section 6.03. Standing Committees: The Standing Committees of the organization may include the Nominating, Program, Finance, Community Relations, Fundraising and Personnel Committees. The chairperson of each committee is appointed by the Board President. The committee chairperson may recruit non -Board members to serve on all committees, except the Nominating Committee, with Board approval. Each standing committee shall include at least one (1) Director of the Board. The Executive Director and President serve as ex officio member of each committee. A. The Nominating Committee is responsible for the development of the Board of Directors; preparing the annual slate of new officers for the elections; managing the election of officers; and seeking new Directors or the Board. B. The Program Committee is responsible for development of policies for and review of programs and services provided by the agency. C. The Finance Committee is responsible for the direction and control of the finances of the agency, including, but not limited to budget review, and the planning and development of fiscal policy. The Treasurer is the chair of the Finance Committee. D. The Community Relations committee is responsible for the development of public relations policy of the agency and for development of policy and review of matters pertaining to community outreach designed to enhance the internal and external effectiveness of agency services. E. The Fund Development Committee is responsible for the fund development activities of the agency that will support the budget and provide for adequate services. F. The Personnel Committee is responsible for the establishment of the Human Resources Policies and Personnel- Procedures of the agency including, policy review and revision, salary administration, and annual evaluation of the Executive Director. Section 6.04. The President shall appoint the chair of each committee and the chair of each committee shall appoint the members of the committee. All committee chairs shall be regular Board Members or Officers. The terms of all committee members and chairs shall be one year (except in the case of the Treasurer as chair of the Budget and Finance Committee, whose term shall be two years. (See Article VI). Terms of committee members and chairs may be renewed at the July Board meeting or at the regular Board meeting immediately following the completion of the term. Section 6.05. The duties of a committee shall be to assist the Board of Directors in setting agency policy and in meeting the goals and objectives of PSFS. c0. 9 Section 7.01. The Executive Board shall consist of the officers of the Board: President, Vice President, Secretary, Treasurer and the Chairpersons of the Standing Committees. Section 7.02. The officers of the Executive Board will be elected from a slate presented by the Nominating Committee or by a nomination from the floor. The Executive Board will be elected by a simple majority of voting Directors at the annual meeting. Section 7.03. An officer of the Executive Board is elected to the position for a term of two years. The terms of President and Secretary shall run concurrently (beginning in even - numbered years). The terms of Vice President and Treasurer shall run concurrently also, but in alternate (odd - numbered) years. s• nA,* Thn C:.nni 1 +;, /a Rnorri chnil maat fives (.r;i times yearly Meetings will be Section /.V l IIU- 1_Ac-UUUVC vvu v. chaired by the President or in her /his absence, by the Vice President or other officer as needed. Section 7.05. A majority of the Executive Board must be present for the group to do official business. Section 7.06. When an officer dies, resigns, or is removed, the Board of Directors shall elect an officer to serve for the duration of the unexpired term. The slate of C ,. ;An C -iJ o, +�� CU I IUCit fr +he t1 position will be presented by the Nominating Committee Or by nomination from the floor. Section 7.07. Any officer may be removed for cause from the Board of Directors by an affirmative vote of a two- thirds majority of the Directors present at an official meeting of the Board. Cause for removal may include not meeting a basic standard of conduct for a Director. Basic standards require that a Director perform as such: In good faith, in a manner the Director believes is in the best interest of the organization, and with such care, including reasonable inquiry, as an ordinarily prudent person would use in similar circumstances. Notice of intention to consider removal shall be given to each Director and to the officer affected at least seven days before the meeting. The officer involved will be given an opportunity to be present and to be heard at the meeting at which the removal is considered. Section 7.08. Any officer may call a meeting by phone, post, or email at least three days in advance of the meeting. Section 7.09 No person who is now, or who later becomes a Board officer of the agency shall be personally liable to its creditors for any indebtedness or liability of the agency. Any and all creditors of this agency shall look only to the assets of this agency and Board of Directors Insurance for payment. ARTICLE VIII. POWERS AND DUTIES OF EXECUTIVE OFFICERS SECTION 8.01. Corporate Powers: The officers of the corporation shall be the President, Vice - President, Treasurer and Secretary of the Board and such other officers as shall be determined by the Board and as may be necessary to enable it to operate. Section 8.02. The President of the Board shall be the Chief Executive Officer of the Corporation and shall, subject to approval of the Board of Directors, have oversight over the corporation's activities, affairs, officers and Executive Director. The President ..hall v..,..-f,.rm all �,,, +,o� im irjant r)f the office of President of the Board and such other 51IQII �ICIIVIIII an UUUC J ��.... ... duties as may be required by law, by the Articles of Incorporation of the agency, or by these bylaws, or which may be prescribed by the Board of Directors. Section 8.03. The Vice President shall, in the absence of the President, or in the event of her /his inability or refusal to act, perform all of the duties of the President and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. Section 8.04. The Secretary shall keep, or cause to hp kept, at the principal office of the corporation, or such other places as the Board of Directors may order, a permanent record of the minutes of all meetings of the Board of Directors. Section 8.05. The Treasurer of the corporation shall have oversight keep, or cause to be kept, accurate fiscal records in accordance with Generally Accepted Accounting Principles. The books and records of accounts shall at all times be open to inspection by any Director of the Corporation. The Treasurer shall have oversight of all fiscal transactions including deposits, disbursements and financial reports. The Treasurer shall perform such other duties as may be required by law or these bylaws or as may be prescribed by the Board of Directors. The Treasurer shall serve as the Chairperson of the Finance Committee. ARTICLE IX. EXECUTIVE DIRECTOR Section 9.01. The Board shall hire an Executive Director to carry out the day to day business of the corporation in accordance with the policies, the strategic plan and the annual budget established by the Board of Directors. The Executive Director shall hire and supervise staff and prepare periodic reports, budgets and report the financial activities of the corporation to the Board of Directors at Board Meetings and Executive Board meetings. Section 9.02. The Executive Director shall be hired by the Board of Directors upon the recommendation of the President and the Personnel Committee. The Executive Director shall serve at the discretion of the Board of Directors and shall be reviewed annually by the Personnel Committee. Section 9.03. The Executive Director may be removed for cause by the Board of Directors by an affirmative vote of two- thirds majority of Directors present at an official meeting of the Board. Notice of the proposed removal will be given to the Executive Director at least seven days before the meeting. The Executive Director may appeal the decision as outlined in the Human Resources Policies and Procedures. Section 9.04. No person who is now, or who later becomes Executive Director of this agency shall be personally liable to its creditors for any indebtedness or liability of the agency. Any and all creditors of this agency shall look only to the assets of this agency and Board of Directors Insurance for payment. Section 11.01. Elections to the Board of Directors shall take place at the Annual Meeting or at any other official meeting of the board. The Nominating Committee shall present in writing a slate of candidates for election to the Board of Directors. This notice of nominees shall be postmarked or emailed at least seven days prior to the meeting at which the election shall occur. Section 11.02. The Nominating Committee shall prepare the official ballot. Section 11.03. The Nominating Committee i ittee shall conduct elections and count votes. The election shall be conducted by secret ballot. Section 11.04. A candidate is elected by a simple majority of those present. Section 11.05. A quorum for the meeting at which an election is held shall consist of a simple majority of the Board of Directors. ARTICLE XII. ELECTION OF BOARD OFFICERS Section 12.01. Officers will be elected at the annual meeting of the Board each year or at any other official meeting of the Board. The Nominating Committee shall present in writing a slate of candidates for election to the offices. This notice of nominees shall be postmarked, faxed or emailed at least seven days prior to the annual meeting. Section 12.02. The Nominating Committee shall prepare the official ballot. Section 12.03. The Nominating Committee shall conduct elections and count votes. The election shall be conducted by secret ballot. Section 12.04. A candidate is elected by a simple majority of those present. If a 10 simple majority is not attained by one person in the case of multiple candidates for one office, the two candidates with the highest vote count shall be named in a second balloting where a simple majority shall determine the election. ARTICLE XIII. FINANCES Section 13.01. The fiscal year of PSFS shall be July 1 st to June 30th. Section 13.02. The Finance Committee, with the assistance of the Executive Director, shall propose an annual operating budget to the Board of Directors for approval that reflects the goals and objectives adopted by the Board for each fiscal year. Section 13.03. The Executive Director shall utilize generally accepted accounting principles in the fiscal management and control of PSFS and within the policies of the Board of Directors and guidance of the Finance Committee. Section 13.04. An annual audit shall occur by an independent accountant, with a report to the Board of Directors, and at other times as may be deemed necessary by the Board. Section 13.05. PSFS shall indemnify officers and Members of the Board of Directors, the Executive Director and other employed and volunteer staff in the form of bonding through commercially available sources and /or insurance. Section 13.06. PSFS shall have the power to indemnify and hold harmless any Director, officer, employee or volunteer from any suit, damage, claim judgment or liability arising out of, or asserted to arise out of, conduct of such person in her /his capacity as a Director, officer, employee or volunteer. Section 13.07. Any agreement or contract entered into by PSFS shall have the advance approval of the Board of Directors, with the exception of expense items that have been approved for the current operating budget. Section 13.08. Financial statements shall be prepared by the Executive Director for review by the Treasurer and mailed to each Director of the Board each month. ARTICLE XIV. AMENDMENTS Section 14.01. These bylaws may be amended by a two- thirds vote of Board Members present at any Board meeting that is able to conduct official business in accordance with Section 5.06. The secretary of the Board shall send written notice with the text of the proposed amendment, postmarked, faxed or emailed at least seven days prior to the meeting at which the amendment will be voted on. 11 ARTICLE XV. DISSOLUTION The corporation can only be dissolved upon the approval of two- thirds (2/3) of the Directors present at a duly held Board meeting at which a quorum is present. Upon dissolution, all assets shall be used to pay all debts past and present. Upon the dissolution of the corporation and after payment or the provision of payment of all liabilities of the corporation, the Board of Directors shall dispose of all assets of the corporation exclusively for the purposes of corporations or organizations that are then qualified as tax - exempt organizations under Section 501 (C) (3) of the Internal Revenue Code and similarly tax - exempt in the State of California. Any assets not so disposed of shall be disposed of by a court of jurisdiction in the county in which the organization is principally Incited and within the laws of the State of California. AMENDED AND APPROVED: 5/20/08 12 APPENDIX CODE OF ETHICS CONFLICT OF INTEREST ANNUAL REPORTING POLICY CONFLICT OF INTEREST STATEMENT DISCLOSURE POLICY 13 PROJECT SISTER FAMILY SERVICES CONFLICT OF INTEREST ANNUAL REPORTING POLICY For Board of Directors and Non- Director Committee Members: Each Director and Non - Director Committee Member shall file a general written statement regarding her /his conflict of interest situation (actual, potential, or none). This statement shall be filed with the nominating Committee the first month of each fiscal year, or when a Director is appointed to the Board. The Committee will review the statements and make them available to all members of the Board of Directors. Directors will be responsible for advising the Nominating Committee of any changes in her /his status that would modify the annual statement. The Nominating Committee shall review any changes and report to the Board of Directors. Directors will be responsible for monitoring her /his own conflict of interest situations. Committee members will be responsible for advising the Committee Chairperson of any changes in her /his status that would modify the annual statement. The Chairperson shall transmit such changes to the Nominating Committee for review. n_�_ .[I'...L .-.1 :r.��rr�n� c•i +��7 +1l1Y1C Members will be responsible for monitoring her/his own conflict o interest nituatiOn.s. Procedures for Handling Conflict of Interest Situations: if a nirPr:tnr iS in a conflict of interest situation, she or he should so indicate at the time of the meeting and abstain from voting on any related issue. A conflict of interest should be declared by a Director if she or he: 1. Is employed by the agency or entity under discussion either directly or by contract; or 2. Is on the Board of Directors or in a policy making position in the agency or entity under discussion; or 3. Is a volunteer on a regular basis with the agency or entity under discussion; or 4. Is employed by an agency or entity that derives a substantial amount of income by supplying goods or services to the agency or entity under discussion. If a Non - Director Committee Member is in a conflict of interest situation, she or he should so indicate at the time of the meeting and abstain from voting on any related issue. A conflict of interest should be declared by a Director if she or he: Is employed by the agency or entity under discussion either directly or by contract, or 2. Is on the Board of Directors or in a policy making position in the agency or entity under discussion; or 14 3. Is a volunteer on a regular basis with the agency or entity under discussion; or 4. Is employed by an agency or entity that derives a substantial amount of income by supplying goods or services to the agency or entity under discussion. Effective July 16,1996 15 PROJECT SISTER FAMILY SERVICES DISCLOSURE POLICY A. In accordance with Federal law PSFS will maintain a public information file of documents previously filed with the IRS. This file must be available for on site inspection during regular business hours at the charity's principal office and at any satellite office housing 3 or more paid staff. This file will contain: • a copy of the original tax - exempt applications sent to IRS • a copy of the current Bylaws • a description of the programs and the purpose of the agency • a copy of the 3 most recent IRS annual returns • a copy of the 3 most recent 990's and supplemental schedules • a copy of the Annual Report • an organizational chart Special i�vtc: ins accordance with federal 1a 1 PSFS may opt to remove the names and addresses of major financial contributors from the copy of the IRS tax return to be placed in the public information form. B. The Executive Director of PSFS will maintain or oversee the maintenance of this public information file. C. Whether a request for information comes in writing or over the phone, PSFS will respond quickly. The Executive Director or President of the Board of Directors, will request the inquiring party to come to the office to view the file in the presence of the Director or her /his designee, or, as she /he deems necessary, send out copies of the documents for a nominal fee, or, at the discretion of the Executive Director, charge a nominal fee to cover mailing and duplication costs. D. Additionally, PSFS will also publish an annual report that will include a summary of services provided, financial information reported on the annual IRS return that reflects program, administrative and fundraising costs and other general information. A0660368 ENDORSED - FILED In the oftldS Of the Secretary of state CERTIFICATE OF AMENDMENT OF of the State of californli ARTICLES OF INCORPORATION APR - 9 200? The undersigned certify that'. I OJECT SISTER They are the president and the secretary, respectively, of PR SEXUAL ASSAULT CRISIS CENTER, a California corporation. 2". The FIRST Article of the Articles of incorporation of this corporation is amended to read as follows- The name of the corporation is Project Sister Family Services. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The foregoing amendment of Articles of incorporation has been duly approved by Y the required vote of the members. We further declare under penalty of periury under the laws of the State of California that the matters set forth in this certificate are true and correct of -0 U 1- 0- V V -11 'Knowledge, DATE: April 4, 2007 C D r -- - - Chr:isto hher Alldworth_ President ,Susan Kullmann, ed tary A061160368 State of C'niftrnin Secretarj of State 4 Y5 .'rtn"15:2- 812 ss 1, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that - :- is full, true and correct. hat IL 1 1 IN WITNESS WHEREOF, i execute this certificate and affix the Great Seal of the State of California this day of APR 3 0 2007 In "r.- DEBRA BOWEN Secretary of State Sec /State Form CE-107 (REV 112007) OSP06 99734 Internal Revenue Service Department of the Treasury P.O. Box 2508 Cincinnati, OH 45201 Date: JUL 12 2007 PROJECT SISTER FAMILY SERVICES 363 S PARK AVE STE 303 POMONA CA 91766 -1560 Dear Sir or Madam: Person to Contact: Vaida Singleton I D# 31 -03018 Toll Free Telephone Number: 877- 829 -5500 Employer Identification Number: 23- 7116161 This is in response to the amendments to your organization's Articles of Incorporation filed with the state on April 9, 207. We have updated our records to reflect the name change from PROJECT SISTER SEXUAL ASSAULT CRISIS SERVICES to PROJECT SISTER FAMILY SERVICES, as indicated above. Our records indicate that a determination letter was issued in February 1972 that recognized you as exempt from Federal income tax. Our records further indicate that you are currently exempt ender section 501(c)(3) of the Internal Revenue Code. Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section 509(a)(2). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If yon, have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, Cm Cin` Westcott Manager, Exempt Organizations Determinations PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) Audited Financial Statements for the Year Ended June 30, 2007 SEXUAL ASSAULT CRISIS & PREVENTION SERVICES PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) TABLE OF CONTENTS June 30, 2007 Page IndependentAuditors' Report ............................................................. ............................... 1 -2 3 Statement of Financial P ositioii ............................ ...........................: . .. ......................... ............................................................ ............................... " Statement of Activities " " " "' 4 ................................................. ............................... Statement of Cash Flows """"""" " "' 5 Notes to Financial Statements ............................................................ ............................... 6 -8 Schedule of Expenditures of Federal Awards .................................... ............................... 9 Schedule of Expenditures by Cost Category - OES Grants ............. ... ............................... Report on Internal Control Over Financial Reporting and on Compliance and Other �_��_- n A-4;1 .,f Finnnr,al Statements Performed in Accordance on an nuuld — .. �..�- - -� -»• -- ---- lviatters S7ased With Government Auditing Standards ........................................... ............................... 11 -12 'VICENT1 + LLOYD + STUTZMANLLP B U S I N E S S C® N S U L T A N T S A u L t' A s INDEPENDENT AUDITORS' REPORT Board of DirartnrC Project SISTER Sexual Assault Crisis & Prevention Services Pomona, California We have audited the accompanying statement of financial position of Project SISTER Sexual Assault Crisis & Prevention Services (A California nonprofit corporation) as of June 30, 2007, and the related statements of activities and cash flows for the year then ended. These financial statements are the n_ _ *1 "" ' to try - vnrPCC qn cininion on these responsibility of the organization's management. 0u responsiv1111,y .� r -- financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standar=ds, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whei��er 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 that our audit provides 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 Project SISTER Sexual Assault Crisis & Prevention Services as of June 30, 2007, and the results of its activities and cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued a report dated October 22, 2007, on our consideration of the organization's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this reporting in considering the results of our audit. -1- 2210 E. Route 66, Suite 100, Glendora, CA 91740 Tel 626.857.7300 1 Fax 626.857.7302 1 E -Mail INFO @VLSLLP.COMt l Web WWW.VLSLLP.COM Board of Directors Project SISTER Sexual Assault Crisis & Prevention Services Our audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis and is not a required part of the basic financial statements. The schedule of expenditures by cost category - OES grants is presented for purposes of additional analysis and is also not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. October 22, 2007 VICENTI, LLOYD & STDT.ZM A. NT LLD -2- PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) STATEMENT OF FINANCIAL POSITION June 30, 2007 ASSETS CURRENT ASSETS: Cash and cash equivalents Grants receivable Prepaid expenses Total current assets NONCURRENT ASSETS: Deposits Equipment (net of accumulated depreciation) Total noncurrent assets Total assets LIABILITIES AND NET ASSETS CURRE :TT LIABILITIES: Accounts payable Accrued liabilities Total liabilities NET ASSETS: Unrestricted Temporarily Restricted Total net assets Total liabilities and net assets $ 77,316 49,314 12,929 139.559 6,536 6,588 13J24 $ 152,683 $ 8,530 30,792 39.322 95,444 17,917 113,361 $ 152,683 The accompanying notes are an integral part of these financial statements. -3- PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) STATEMENT OF ACTIVITIES For the Year Ended June 30, 2007 T"T irp CTTDUIRT- rUDLI.0v� �RLVEPUES AND TT .,.«. Federal and state revenue City revenue United Way Contribution revenue Fundraising revenue Interest revenue n ,_ giat faae rTuu service 1t+VJ Total revenues and public support EXPENSES: Program services Management and general Fundraising Total expenses Change in net assets Net assets - beginning of year Net assets - end of year Temporarily Unrestricted Restricted Total $ 441,532 $ - $ 441,532 9,550 9,550 35,268 35,268 236,907 236,907 23,504 23,504 62 62 32,932 32,932 779,755 - 779,755 567,174 567,174 82,950 82,950 59,507 59,507 709,631 - 709,631 70,124 - 70,124 25,320 17,917 43,237 $ 95,444 $ 17,917 $ 113,361 The accompanying notes are an integral part of these financial statements. 0 PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) STATEMENT OF CASH FLOWS For the Year Ended June 30, 2007 CASH FLOWS FROM OPERATING ACTIVITIES: Change in net assets $ 70,124 Adjustments to reconcile change in net assets to net cash provided by operations: Depreciation 3,738 (Increase) decrease in operating assets: Grants receivable 6,695 Prepaid expenses (2,876) Increase (decrease) in operating liabilities: Accounts payable 6,906 Accrued vacation 12 Line of credit (25,000) Net cash provided by operating activities 59,599 Net increase in cash and cash equivalents 59,599 Cash and cash equivalents at beginning of year 17,717 Cash and cash equivalents at end of year $ 77,316 SUPPLEMENTARY CASH FLOW INFORMATION: Interest paid $ 5,695 The accompanying notes are an integral part of these financial statements. -5- PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) NOTES TO FINANCIAL STATEMENTS June 30, 2007 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: Nature of Activities - Project SISTER Sexual Assault Crisis & Prevention Services (Project SISTER) is organized to provide assistance to child and adult survivors of sexual assault and to reduce the incidence of sexual assault and child abuse in the surrounding communities. Services are provided through a 24 -hour crisis assistance hotline, counseling and support groups, community outreach, education and self-defense instruction, and other services. All services are provided regardless of race, sex, age, religious beliefs, disability, or sexual orientation. Basis of Presentation - The accompanying financial statements have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America. Net assets and revenues, expenses, gains and L11%,,.,,,,,� losses are classified based on the existence or absence of donor-imposea ' iesui�Liv11o• Accordingly, net assets of Project SISTER and changes therein are classified and reported as follows: ter___ _ AT-# .4 ie _ Mpt n zv- s not subject to donor - imposed stipulations. unrestricted 1 tlGl lxl3j . &J Temporarily Restricted Net Assets - Net assets subject to donor - imposed stipulations that may or will be met, either by actions of the organization and /or the passage of time. When a restriction expires, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statements of activities as net assets released from restrictions. Temporarily restricted net assets were $17,917 as of June 30, 2007. Permanently Restricted Net Assets - Net assets subject to donor - imposed stipulations that they be maintained permanently by the organization. Project SISTER had no permanently restricted net assets as of June 30, 2007. Net assets released from restrictions consisted entirely of program services. Contributions and Contributed Services - All contributions are considered to be available for unrestricted use unless specifically restricted by the donor. Amounts received that are restricted for specific use in future periods are reported as temporarily restricted. When the restriction expires, temporarily restricted net assets are reclassified to unrestricted net assets. 0 PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) NOTES TO FINANCIAL STATEMENTS June 30, 2007 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: (continued) During the year ended June 30, 2007 the value of contributed services meeting the requirements for recognition in the financial statements was $41,652 and has been recorded. Use of Accounting Estimates - The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Actual results may differ from these estimates. Equipment - Equipment is stated at cost and depreciated utilizing the straight line method over three and five year periods. Project SISTER's policy is to capitalize any assets greater than or equal to $1,000 which have an expected useful life greater tnaii one year. Income Taxes - Project SISTER is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code and by California Revenue and Taxation Code Section rt 1, 23;uiu. Cash and Cash Equivalents - For purposes of the statement of cash flows, Project SISTER considers all highly liquid investments with maturity of three months or less to be cash equivalents. NOTE -2 - CASH: Project SISTER occasionally has a need to maintain a cash balance with a single financial institution in excess of $100,000 insured by the Federal Deposit Insurance Corporation (FDIC). At June 30, 2007, there were no amounts in excess of the FDIC limit. NOTE 3 EQUIPMENT AND DEPRECIATION: Equipment at June 30, 2007 consists of the following: Office equipment $98,230 Less: Accumulated depreciation 91,642 Total Depreciation expense was $3,738 for the year ended June 30, 2007. -7- PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) NOTES TO FINANCIAL STATEMENTS June 30, 2007 NOTE 4 - LINE OF CREDIT: Project SISTER has a $100,000 line of credit with Bank of America. The credit line has a variable interest at the reference rate plus 3.35 %. Project SISTER had no outstanding balance at June 30, 2007. NOTE 5 - FACILITIES RENTAL AGREEMENT: The organization has entered into a thirty -six month lease agreement commencing November 1, 2007 and terminating October 31, 2010. The future minimum lease payments are as follows: Year Ended June 30, 2008 $ 59,140 2009 63,474 2010 66.156 Total $188.770 During the year ended June 30, 2007, rental expense under all leases was $53,657. IF-11 SUPPLEMENTARY INFORMATION PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended June 30, 2007 Federal Grantor/Pass- Through Grantor/Prograin or Cluster Title CFDA Entity Expenditures U.S. Department of Justice: offal -ce o Emergency RPnAnP'z - Criminal Justice Program Division Vi.WG of 1✓—.1 .,... ........ Sexual Assault Victim Services & Prevention Program 16.575 N/A $ 166,608 RC 06181325 Total U.S. Department of Justice 166,608 U.S. Department of Housing and Urban Development: Community Development Block Grants 14.218 N/A 7,950 City of Pomona 14.218 N/A 2,000 r,;h --F (- 6 IV V� vv..a.... 14.218 N/A 3,194 City of Chino 14.218 N/A 5,549 City of Chino Hills 1.4.218 N/A 4,750 City of Upland 14.218 N/A 960 City of Glendora 14.218 N/A 14,225 City of Baldwin Park 14.218 N/A 3,200 City of West Covina 14.218 N/A 9,693 City of Rancho Cucamonga 14.218 N/A 4,000 City of Whittier Total U.S. Department of Housing and Urban Development 55,521 $ 222,129 Total Federal Awards N/A - Not applicable and /or not available. See Independent Auditors' report. -9- PROJECT SISTER SEXUAL ASSAULT CRISIS & PREVENTION SERVICES (A California Nonprofit Corporation) SCHEDULE OF EXPENDITURES BY COST CATEGORY - OES GRANTS For the Year Ended June 30, 2007 Total Grant Identification Number Federal State Local Match Expenditures RC 061811325 Personnel Services Operating Expenses Equipment 115,662 $ 53,557 $ 46,229 9,053 41,652 $ 166,bU2S �, o/-,viv .v See Independent Auditors' report. -10- $ 169,219 96,934 4,717 $ 270,870 VICENTI + LLOYD + STUTZMANLLP B U S I N E S S C O N S U L T A N T 5 A N U t- r A s REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Board of Directors Project SISTER Sexual Assault Crisis & Prevention Services Pomona, California We have audited the financial statements of the Project SISTER Sexual Assault Crisis & Prevention Services as of and for the year ended June 30, 2007 which collectively comprise the Project SISTER Sexual Assault Crisis & Prevention Services' basic financial statements, and have issued our report thereon dated October 22, 2007. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditinz Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Re ortin In planning and performing our audit, we considered the Project SISTER Sexual Assault Crisis & Prevention Services' internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Project SISTER Sexual Assault Crisis & Prevention Services' internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Project SISTER Sexual Assault Crisis & Prevention Services' internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or a combination of control deficiencies, that adversely affects the Project SISTER Sexual Assault Crisis & Prevention Services' ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Project SISTER Sexual Assault Crisis & Prevention Services' financial statements that is more than inconsequential will not be prevented or detected by the Project SISTER Sexual Assault Crisis & Prevention Services' internal control. -11- 2210 E. Route 66, Suite 100, Glendora, CA 91740 Tel 626.857.7300 1 Fax 626.857.7302 1 E -Mail INFO @VLSLLP.COM I Web WWW.VLSLLP.COM REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS A material weakness is a significant deficiency, or a combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the Project SISTER Sexual Assault Crisis & Prevention Services' internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. However, as discussed in a separate management letter dated October 22, 2007, we identified a deficiency in internal control over financial reporting that we consider to be significant deficiency. We do not believe that this significant deficiency is a material weakness. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Project SISTER Sexual Assa'�It Crisis Prevention Services' financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing nn opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of non- compliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the board of directors, management of the Project SISTER Sexual Assault Crisis & Prevention Services, and federal awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. oa f v VICENTI, LLOYD & STUTZMAN LLP October 22, 2007 -12- i Oil lilmll,! I i Of, R 4 B U 5 1 N E S 5 L RU` C 0 N 5 U L T A N N N! T S A N D C P The Bf 3ard ofDirectors Ihe Projjcct SISTER Scxu,_,.I Assault Crisis && Prevention Ser-�dces (,Projeci SISTER,t Pomona, Caliifornii:i ip A sSl flIc ProjJect SISTER Sexual Assault planning and perfo our audit of the financial statements c I Crisis & Prevention Services (Prject SISTER) as of and For the year er, Ied June 30, 2007, in accordance with auditing, suimdards goencrally accepted in the United States of America, sve considered Pi,ject SISTEIRPs internal control over financial reportin.g. (interrial control) as i -1basis for desig ,ning, our audifing; procedures for tile tpurpose of expressim our opinion on the financial stalu.,�rnenLs, but not for the purpose Of expressing an opinion on the effecti--veness of PrQect SISTERPs internal = ontrol. According j I I ,,iy, we d, 1 0, express an opinion on the effectiveness of Project SISTER"s intennal control, -Xii _�, pa3 a i and - consideration of internal control mms Ir We limmited purpose describ�d in the prcce(hng -a�,4yr' P11 ,A-oulel not neccssarily identify all deficiencies in intLernad 'coil rol that m glht be si,(,,niflcant dtficiencics or material weaknessesz. However, as discussed bdow, we identified ccrta'u deficiencies in internal control that -,ve consider to be signiftant deficiencies. A control deficiency exists when the desigp or operation of a control does not alh%v maiiagernent a, employees, in the normal course of perforining their assigned functions, t ? prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency., or a co.mbination of control deficiencies, that adversely affects the entity's abili-ty to initiat, authorize, record, process, or rcport financial data -in a remotL ieliat)ly in accordance Nvhh generally accepted accounting principles sucE that there is more thL e lial will not likelihood that a nisstatement of the entity's financial statements that is im�ore Ithan inconsequ, n, , 'k e cnc�, L ) b a iG prevented or detected by the entity's internal conI.rol. We consider the 1`61lowing, defici- significant. deficiency as defined by Stcaement of .,Iuchiing RC07(itlrd 1127 Comnumicafit infernul Control Refared,,Vraflers identffied it? an. Auciiv jish EAQVirysemmenIt.11 During, the coum: ot- flic audit. it was noted that the invoices did not in di ,-aw arty ofaplroval prior to Payment. Allough the pa twists reviewed appeared to be valid, we rmomn-tend t ,.aa the cr,.,;aniz,_,tion Coniply "ith we accouming policies and procedures in place to ensure th�.t all Clisbum awnis are, proper'lly Lipproved and tlhc appn.wal be hkicaWd on the Face of the imMes. - I - 22_110 10 E, R c u f e 6 6, Suite 10 0, G le n d o � a � CA I 1 7 4 w 62&8575300 1 Fm 62SAS7 7302 1 E-M-,O INFC)@NVLSLLP.CC_).NA 1 _?Vuh MIN,`W.VLSLLT-.CO,'VI, The Board 71- T Pruention Services ,,,e Projcct STSTER Sexual A�ssau!L Crisis Pm4,e 2 I.Ial weakr.ess is a significant '-ficiency. or comicination, of'sligril-f -, rnt deficiencies, t-hat resullits In A mat, r - I G I 110re thai-L a remote likel;;hood that a ;incatcrial misstatement of the f- -its Fill 0 manciall slate` not b prevented H I trol for ihe limited. purypose or detected bv the entity's infernal colitrol. Ou.- consideration of intemal a I y identify all dc4'�ciencies in internal controll that described in the Erst paragraph and would not necesswil- Miubt be ii,,-TniEc,.,ant deficiencies or material weaknesses. We do not belV -- t1mat the signiificant cloficienev. sw-1 a-ove Is a. l,—t-,-!,d m-akness. L U Ll 5 'i f rinat" n and use of �th- This con - i L imunication is ni-ended solely for the 11 o lo others wilhin the or-amization, and is not intended to be and shouilld not be used 1--y anyone otllh.cr than these specificd pmies. c t - LLOYD &:, s'n-iTZMA-N October 212, 2007 611M, APPLICATION CHECKLIST ORGANIZATION Santa Anita Family Service Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496.. 1 x APPLICATION FORM h A 17 A\ 2. x BUDGET PROPOSAL (ATTAkCHIVIEKIN I I-%) 3. X BOARD OF DIRECTORS AFFIDAVIT 4. x ORGANIZATION BY-LAWS 5. x CHARTER OF ARTICLES OF INCORPORATION 6. x IRS TAX EXEMPT STATEMENT 7. x MOST RECENT AUDITED FINANCIAL STATEMENT 8. x PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 18, 2008. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 LATE APPLICATIONS WILL NOT BE ACCEPTED. APPLICATIONS THAT HAVE BEEN ALTERED FROM ITS ORGINAL FORMAT WILL ALSO NOT BE ACCEPTED. FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2009 -2010 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: Santa Anita Family Service Agency Address: 605 Number S Myrtle Ave Monrovia 91016 Street City Zip Code Administrator: Fred Loya Ph.D Title: Executive Director Administrator Telephone: _(626) 359 -9358 Fax: (626) 358 -7647 Project Site Address: 603 Number S. Mvrtle Ave. Monrovia 91016 Street Clty Zip Code Project Manager: Amy Graley, MSW Title: Senior Services Program Director Project Manager's Telephone: (626) 359 -9358 ext. 37 Fax: (626) 358 -7647 Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). Santa Anita Family Service seeks to foster the well being of San Gabriel Valley residents by creating healthier families and communities through professional leadership and the provision of quality education mental health and social service programs Santa Anita Family Service has provided these services since 1951 and senior services since 1975. Has the Agency previously received funding from the City of Baldwin Park? x Yes (if yes, number of years 9 ) No PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $ 5,000 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. See Attachment 2A ( 3 pages total) Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) Our target population is low income minority elders. However, we serve any older adult and disabled /dependent adults _age 18 +. The senior and disabled /dependent adult care management program offers services that enable our clients to remain safely in their homes and within their community. In addition our services foster independence and autonomy. Describe any special characteristics of your client population. In addition to the characteristics mentioned above our clients may be frail homebound, have chronic physical or mental illness increase in Funding Request g If your agency has been previously funded through Baldwin Park's CDBG program, of funding requested, please explain the in type of services or beneficiaries). and there is an increase in the amount purpose for the increase (i.e., increase N/A — Request that funding be continued at current service levels. CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 7 regarding Presumed Benefits. Does your agency obtain this information? X Yes No if yes, does your Intake sheet and supporting documentation obtain t, ie foiiovviiig: 1. Name Yes x No 2. Address Yes x No 3. City in which client last resided. Yes x No 4. Number of family members. Yes No x 5. Total family (household) income. Yes x No 6. Ethnicity Yes x No 7. Female head of household Yes x No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Fred Loya PhD Executive Director Printed Name j ) Title )Z —/2- " e, W Signature % Date Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children • Battered spouses • Elderly persons • Illiterate persons • Persons with acquired Immune Deficiency Syndrome (AIDS). • Adults meeting Bureau of Census definition of severally disable persons • Homeless persons • Migrant farm workers Which further describes the activity you are proposing? A) x The project will benefit a presumed benefit* clientele as defined by HUD. B) The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible- income persons. in order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. Q tm 0,0 CD z z z Ul) U) 0 0 0 C) Q CL 0 C14 0 Clt mL- 0- 0 V: C-1 cli Ul) co C) O N a) d C) CD Q Q Q C) CD C) L- m C) Q z a U� 04 M CL 0) O C) N I T F T a 0 Q 11 z z z (o M L6 U) CL 0 C) CD C) C) Q Q 04 0 C14 CII) m cli co ( Im CD CD C� r_ 00 CD H Lu Cc z z z I IL L) LO CL. U- r r z z ca (J) a t- — M 0 O C L H o cc U- CL C CL E M o 0 cn 4) cn Ch 0 cu cc a -@ 0 Cli Cl) -4 Lo to f, C6 r N i C) C) C:) C) C) C) C) C) C) O L6 L6 U5 DO Cl C14 1 I CF) CF) G C4 61). 0 C) C) C) LO C) C:) C) C) C:) C) co CO >% C) C) CD C:) C) C) C� LO LO LO o (D C) a C14 Z l< z z <1 z <1 z <1 z l< z l< z C) C) LO <1 z z <1 z z C) C) LO CD C) U-) co Q U) CD ID- X UJ 0 (D M 0) 0) tf 0 cn CD 0 a) N -0 E ry- a) m 2 U) CL :3 CO (D 0 . 0 cL CO E m 0) 0 " n co m C: a) > m c Q) Na) a) 0 0 m :t:� :3 U) 0 0 M I 0 C: m U) 1 c -0 M 0 c m - U) I c 1 0 W -E 0 1 pp m 0 1 1 -T-TA . 0 T.-To Vol 2 a] I N 2 1" to] Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name Title Term Expires Richard Singer President 2009 Patricia Myers Vice President 2009 Timothy Scanlan Treasurer 2009 Linda Proctor Secretary 2009 Richard Meaglia General Counsel 2009 Mildred Dexter Director 2009 Jan Marugg Director 2009 DOU r-roGILOI- Director 2009 Christina Madrid Director 2009 Jill Harkema Director 2009 Tom Adams Director 2009 Diana Peterson-More Director 2009 Sarah Flores Director 2009 Mary Cammarano Director 2009 David Gutierrez Director 2009 Uma Chander Director 2009 Teri Muse Director 2009 Carol Numrich Director 2009 Name of Executive Director Fred Loya, Ph .D 13Y LAWS for the regulation, except as otherwise provided by statute or its Articles of Incorporation, of SANTA ANITA FAMILY SERVICE a California Nonprofit Public Benefit Corporation ARTICLE I. Ofllfl-C.e's Section l « PRINCIPAL OFFICE. The e--rpnrAtinn4A principal office shall be fixed and located at such place as the Board of Directors (hereinafter the "Board") shall determine. The Board is granted full power and authority 1-0 change said principal office from one location to another. ARTICLE Il. Membership Section 1. MEMBERS. The corporation shall have no members. ARTICLE 111. Directors Section 1. POWERS. ' Subject to the limitations of the Articles and these Bylaws, the activities and affairs of the. - corporation shall. be conducted and all corporate powers shall be exercised by or under the direction of the Board. The Board may delegate the management of the activities of the corporation to any person or persons, a management company or committees however composed, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws: a) To select and remove all of the other officers, agents and employees of the corporation, prescribe powers and duties for them as may not be inconsistent with law, the Articles or these Bylaws, fix their compensation and require from them security for faithful service. b) To conduct, manage and control the affairs and activities of the corporation and to make such rules and regulations therefor not inconsistent with law, the Articles or these Bylaws, as they may deem-best. 1. o} To adopt, matte and use a corporate seal and to alter the fo tta of such seal from time to time as they may deem best. d`} To borrow money and incur indebtedness for the purposes of the corporation, and to cause to be executed and delivered therefore, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledgea, hypothecation$ or other evidences of debt and securities therefore. ej To carry on a business at a profit and apply any profit that results from the business acti K Section 5. PLACE or 1-(EET114G. tjeetings of the Board shall be held at any place within or without tile State of California which has been designated from time to time by the Board. In the absence of such designation, regular meetings shall be held at the principal office of the corporation, section 6. &JRjUAL METINGS. The Board shall hold an annual Illeeting for tile purpose of organization, selection of directors and officers, and the transaction of other business. Annual meetings of the Board shall be held in the month of March and the Board shall set the date of said annual meeting. The presence of five (5) directors at such meeting shall constitute a quorum, Section 7. REGULAR MEETINGS. The Board of Directors shall have at 'least ten monthly meetings annually at such time and place as it shall determine. Five directors shall constitute a quorum. The President shall, by virtue of his office be chairman of the meetings of the Board of Directors, and in his absence, the next ranking officer present shall preside. I Section R. SPECIAL MEETINGS. Special meetings of the Board for any purpose or purposes may be called at any time upon written request to the President by four directors. Special meetings of the Board shalt be held upon (15) days notice by first class mail or forth eight (48) hours notice given personally or.by telephone, telegraph, telex or other similar ateans of communication. AAy such notice. shall be addressed or delivered to each director at such director's address as it is, shown upon the records of the corporation or as may have been givers to the corporation by the director for purposes of notice or, if such address is not shown on such records or is not ascertainable, at the place where the meetings of tile di,rectora are regularly held. Notice by mail shall be deemed to have been given at *the time written notice is deposited in the United States mail with postage fully prepaid there- on. Any other written notice shall be deemed. to have been given at the time it is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by the person giving the notice by electronic means, to tile recipient. Oral notice shall be deemed to have been given at the time it is communicated, in person or by telephone or wireless, to the recipient or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the receiver. Section 9. QuopU1,1. Five directors shall constitute a quorum of the Board for the transaction of business, except to adjourn as provided in Section 12 of this Article 111, Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board, unless a greater number be required by law or by the Articles, except as provided in the next sentence. A meeting at which a quorum is initially present may continue to transact busi- ness notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for such meeting, 0 I Section 10, PARTICIPATION IN MEETINGS BY CONFERENCE TEUPHONE. Members of the Board may participate in a meeting through use of conference telephone or similar communication equipment, providing that all members participating in such meeting can hear one another. Section 11. WAIVER OF NOTICE. Notice of a meeting need not be given to any director who signs a waiver of notice or written consent to holding the meeting or an approval of tile minutes thereof, whether before or after the meeting, or who attends the meeting %Atbout protesting prior thereto or at its commencement the lack of notice to such director. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Section 12. ADJOURIVENT. A majority of the directors present, whether or not a quorum is pro-sent, may adjourn any directors' meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given to absent directors if the time and place be fixed at the meeting adjourned, : xcept as provided in the next sentence. if the meeting is adjourned for more than forty eight (48) hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Section 13. ACTION WITHOUT MEETING. Any action required or per- mitted to be takcn by the Board may be taken without a meeting if all wetabars of the Board shall individually or collectively consent in writing; to such action. Such consent or consents shall have tile same, effect as a unanimous vote of the Board and shall be filed with the atinutes, of the proceedings of the Board. Section 14. RIGHTS OF INSPECTION. Every director shall have, the absolute right, any reasonable time. to inspect and copy all books, records and docunellis 'of every kind and to inspect the physical properties of the cor- poration of which such person is a director. Section 15. COM41TTEES. The Board may appoint one or more commit- tees, each consisting of two or more directors, and delegate to such committees any of the authority of the Board except with respect to: a) The approval of any action for which the California Nonprofit Public Benefit Corporation Law also requires approval of the members or approval of a majority of all members. b) Tile filling of vacancies 00 the Board or on any committee; c) Tile fixing of compensation of the directors for serving on the Board or on any cormuittee; d) The amendment or repeal or Bylaws or the adoption of new Bylavis; e) The amendment or repeal of any resolution of the Board which by its express terms is not so amendable or repealable; f) The appointment of other committees of the Board or the mambers thereof; 4. R g) The expenditure of corporate funds to support a nominee for director after there are more people nominated for director than can be elected; or 11) The approval of any self-dealing transaction, as such trans- actions are defiiied in Section 5233 (a) or the California Nonprofit Public Benefit Corporation Law. Any such committee must be created, and the members thereof appointed, by resolution adopted by a majority of the authorized number of directors then in office, provided a quorum is presOot, and any such c.ommittee way be designated an -Executive Committee or by such other natne as tile Board shall specify. '13ic Board may appoint in the same manner alternate members of any coutmittee who may replace any absent member at any meeting of the committee. The Board shall have the power to Prescribe the, manner in. which, proceedings of any such committee shall be conducted. In the absence of any such prescription, such committee shall have the power to prescribe tile manner in which Its proceedings shall be conducted. Unless t1lilp Board or such Committee shall otherwise provide the 'regular and special ineetings and other actions of any such committee shall be governed by the provisions of this Article 111, applicable to meetings and actions of the Board. Each committee shall report at least annually to the, Board of Directors. Each committee shall keep, at the office of the corpora- tion, 'minutes of each of its meetings which minutes shall be retained for five years. Except as specifically provided by these Bylaws, each coawiiittea shall act only in accordance with the instructions of tile Board of Directors. Each corlmittee, tile Executive Director, and members of the Staff, shall work in full cooperation and in the event of any failure to so cooperate the per- son aggrieved way bring such failure to the attention of the Board of Directors. A, E.'IECUTIVE COHIII'MRE 1. The Executive Committee shall consist of the President, First vice-rrasident, Second Vice-President, Treasurer, Secretary, and may include two other weinlikers of the Board of Directors as the President may appoint. 2. The President shall be Chairman of the Executive Comr(littee. 3. The Executive Committee shall have full power to act between Board meetings oil matters of policy and administration. 4. 'the: Executive Committee shall report their action to the Board of Directors, and the Board of Directors shall have the right to rescind action taken by the Executive Committee. B. OTHER COt-111ITTLES 1. The President shall have power to appoint additional cominittees from time to time and to set forth their duties. 5. 9 section 16. FEES A14D C011PENSATION. Directors and members of committees way receive such compensation, if any, for their services, and such reimbursettient for expenses, as way be fixed or determined by tile Board. ARTICLE 'IV. Officers section 1. OFFICERS. The officers of the corporation shall be a President, a First Vice-President, a Second Vice- 1-1-res ident, a Treasurer, and a Secretary. The corporation may also have, at the discretion of the Board of Directors, one or more assistant treasurers and one or more assistant secretaries, who shall have such authority and perform such duties as tile Board of Directors may from time to time determine and such other officers as may be elected or appointed in accordance with the provisions of 'Section 3 of this Article IV. Section 2. ELECTION. The officers of the corporation except such officers as way be elected or appointed in accort-lance with thle pro� -visioas of Section 3 or Section 5 of this Article IV, shall be chosen annually by, and shall serve at the pleasure of, the Board and shall hold their respective offices until their resignation, removal, or other dis- qualification frow service, or until their respective successors shall be, elected. Section 3. SUBORDINATE OFFICERS. Tile Board may elect and empower the President to appoint, such other officers as the business of the cor[ior- ation may rejuire, each of whom shall hold office for such period, have such authority and perLorm such duties as are provided in these Bylaws or as the- Board may from time to tittle determine. Section 4. REMOVAL AND RESIGNATION. Any officer may be removed, either iiieh or %,ijt.hout cause, by the Board at any time- or, except in th—a case of an officer chosen by the Board, by any officer upon whom such power or removal may be conferred by the Board, Any such removal shall be without prejudice to the rights, if any, of tile officer under any contract of ciiploy- ment of the off icci.tr. Any officer may resign at arty time by giving written notice to tile corporation, but without prejudice to the rights, if arty, of the corporation under any contract to which the officer is a party. Any such resignation shall tale effect at the date of the receipt of such notice or at any later tittle specified therein and, unless otherwise specified therein, the acceptance of sucti resi-nation shall not be necessary to make it effective. Section 5. VACANCIES. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the wanner prescribed in these Bylaws for regular election or appointment to suet, office, provided that such vacancies shall be filled as they occur and not on an annual basis. Section 6, PRESIDENT. The President, in addition to the ditties prescribed by these Bylaws, shall have the usual duties incident to his office, and shall be no ex-officio member of all committees. 6. Section 7. VIC& PRESIDENT- In the event of the absence or illness of the President, the First Vice-President shall perforut the duties of the President, and in the event of the absence or illness of both the President and= the First Vice- Pres ident, the Second Vice-Presideat shall perform the doties of the President. The Vice -Pre ident shall, so far as possible, cooperate aIith and assist the President. Section 8. 11E&SURER. The Treasurer, in addition to the other duties prescribed by these BylaNis, shall review the accounting of all funds expected by the corporation and have the usual power incident to his Office. Section 9. SECRETARY. The Secretary shall keep the minutes of the meetings of the Board of Directors and of the cotmiiittees as set forth in Article 111, Section 15, The Secretary shall, so far as possible, take oharve of such correspondence as the President may refer to him. ARTICLE V. Staff. I Section 1. Tile Board of Directors shall select an Executive Director to serve at tile pleas-are of the Board of Directors and at such compensation as tile Board of Directors shall fix. Section 2. The Executive Director shall have general responst- bility for all activities of the corporation, and way attend all meetings of all colimlittees, but shall have no vote thereon. Section 3. Tile Executive Director may present to the Board of Directors or any of its committees, any matter affecting the policies or activities of the corporation. ARTICLE VI. Other Provisions Section 1. CONSTRUCTION AND DEFINITIOWS. Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the General Provisions of the California Nonprofit Corporation Law aad in the California Nonprofit Public 'Benefit Corporation Jaw shall govern the construction of these Bylaws. Section 2. AlIENDUENTS. These Bylaws way be amended or repealed by the approval of a majority of as quorum of the Board. ARTICLE VII. �g�®ra�te Seat ,nle Board of Directors shall adopt a suitable corporate seat containing the name of the corporation, the date of its incorporation, and the word "Callfornia". ARTICLE VIII. Fiscal Year The fiscal year of this corporation shall begin on the first day of July in each year. Revised March 28, 1980 7. I , A 51� sa i `!� rr4 � �`Ci� 41.r r � ��;� • �t '?� "A ;to k recaaa rvi ot :; a 99 � 1F 4f�,'� .. ,a•' ' �4r�1 S ' af'��i Al j tlif rl—n ra ,x:x, advice and by q. g • 1# S �� lire M� 'j t � ' � a � • x# �� r•�` t s l +tfal�q r,��„ � � � .ai��e$Yl� MAY( R� ,t ` ! S� -t��sti ri1�, i ,., �' ° •r. LT Derr KNOW ALL t'ILt� �k'1� 1`IIEU %�AESEH "� �f "���1 j', a j last+ vo ttl hereby voltar ba r, i,p� annnol,eatti' o rveIvoaa'`tag+3the ioi, the! pulp a zs'of rfcrming a rs n- Y proriG: aorporat on iYtaiYlr 1rtl' #fib I Ron r7rofits i.ortacaratts a zz Ir iai,; [IF r 3 a � ; P ., ����'� t j�t�t �+ � h���a�4 ��,y ���b`r � +r ��� +« �r, •1 =.. ., � «; r za tao " app a ifi o 5tixad «p rAju%ry purposes for which thot .a �+ ^fit E„ e 4b' �,• t �' rt a r v I. C}Y "ji1S3 t iiTi I� or ,ai-o t (1) f as t,6r thro4 ow6lopment of Mioloaomo �. E i t y ifo„ ; particoAr� byj the 'of Bring `of a, af�it fist k�ar�.fr-i 'x 1 w. . , 7 5 + t ;to k recaaa rvi ot :; a 99 xn. itl is t rd ,t {ro ir�elta po cad.nci C!'! aa.ad 'ait k1C >rar,c,..; a «� T. Al j tlif rl—n ra ,x:x, advice and by q. g +' rs e y � .yc + y' t * R'�M 1 "'Flt' a�tl �iAf WCsr ' � a � • x# �� r•�` t s l +tfal�q r,��„ � � � .ai��e$Yl� MAY( R� ,t ` ! S� -t��sti ri1�, i ,., �' ° •r. LT Derr KNOW ALL t'ILt� �k'1� 1`IIEU %�AESEH "� �f "���1 j', a j last+ vo ttl hereby voltar ba r, i,p� annnol,eatti' o rveIvoaa'`tag+3the ioi, the! pulp a zs'of rfcrming a rs n- Y proriG: aorporat on iYtaiYlr 1rtl' #fib I Ron r7rofits i.ortacaratts a zz Ir iai,; [IF r 3 a � ; P ., ����'� t j�t�t �+ � h���a�4 ��,y ���b`r � +r ��� +« �r, •1 =.. ., � «; r za tao " app a ifi o 5tixad «p rAju%ry purposes for which thot .a �+ ^fit E„ e 4b' �,• t �' rt a r v I. C}Y "ji1S3 t iiTi I� or ,ai-o t (1) f as t,6r thro4 ow6lopment of Mioloaomo �. E i t y ifo„ ; particoAr� byj the 'of Bring `of a, af�it fist k�ar�.fr-i 'x 1 w. . , 7 5 + t ;to k recaaa rvi ot :; a 99 xn. itl is t rd ,t {ro ir�elta po cad.nci C!'! aa.ad 'ait k1C >rar,c,..; a «� limy d:iasz dynatta,god r a os' lilt's lindi"iiduaIa by tlif rl—n ra ,x:x, advice and by q. g e y � .yc + Lax trecirag.to boar ontk oii�difficul,a ioaa„ +end problems � A L rttio of iFt�e3 kt� �" �lt?XK7t i"+"Cllf ofilit o C t3a�nityo- fyi .Ct2 i6P'AA xtIk }a �/� ww I a�.rond in &noia l aia atao ari�agod er.Z rdia�odv 'yr „fa3xailiahaz ,� t elect jin>3ivixttat�l a l il.ltlSA7pOt"a1 j' d atroa m m I:ua +nid a� vhon ouch nno'CIna' "ur�ts'boA'•by any ``othor y, go,earnmonti ol'a othearvists. ,inn c. trako a,�Iart iixt ttit ooaz>a�runityaaa• progr -im t+ 1 akLytlti'�tG��9Sl fC Gv for $ CSC` itt `r t Cl iiidii !' k G.co 1133ol: �i',�,.th '� w' - t.,, ', •� p, � I L ., 6 rl.. �'i`ri �! othor ago noill a Tto"y161 4 atber Abttso a +Fi� e0010 ty xrtticla oast asaa<i `.. riot ors In undo =knirag, tbo "we II- t. 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County. t {r' t tttrFt aa!a ''rarald'n# trea�ayaa of i, tt�� ,�zzacaaaa�' 1q�xr� a�r� } . a.. • * y.,.r : r nppolnt a t {,� �1 ia�o as d�`,.tho '`cl.ira'dtoks orl!thil floorporation" until th �`s !'Ji.�'+CIt"r+�%S�[7f "•��" ,rf +!�?1���ai.�.(7F1�t"��� ` t � � � � �,�� � a � r ?� 'w irk •is'',,t z ,� t'Y,.+� �'%�r �!� �� *� ,9 �•il� !# fed °e,#� �.'���"t� � ri,+ra�.+� • � • ��+ ! ; t � x ,Y 4 1 4t: y O0W P. ' /�4 }y� Ir` 'f trj! Sxw��y, � �� �S7X`� �'��:�?�A�yy �1�v� .Vaal ZA'J'a FTaT 4,'�i�iliirgl J4� r%" lYli 1 y4 t�4..tab. �.,. ��;tl g 't ' 4 , � �� ,"fit � : ty�� i1 �{ � � 'aC v' t •. •. r r i f ", r r r t Q T rare r4 a` �r ! "' � � � n�•' r ,': 4y; '���ta4 rrli Zw �,a r' 'k�Yan � •, ,+ � -r,. s g:a y µ 'fie S .}'��1 W p , f!� i r'Y. +k. 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Y x f i % v y dl { i t sf t X` .d`...t .`^^r1y� r ..r' .^r e"�".y.,.y .• - """« e ( 1 t +er art r rt v� r rA r th 17Lt CtTgtCl +r�fa1 ?t't#r3 } iis kly1 f.��li�t � k�P'���gi4�m,rrj ��i��`•,Iiiii`�a��' +���rsSr�tYt �� tlrt�yai Q �w y�#��wtu �{�r'� <ry�r }.�^ •ry�q ry,�.�,.�,= '�pp= ft s ►klt�j [ fl ( *t tfj{! gV ? Y�TA E,II✓1�'�,. CALL 0141 ,.tl ' ��� `r �Y 4t�, }y �"�F fiY�d l `j �. jYt �RJt t-r r Va tz { €a.r r a ll�r 1 a ti ' �5r tt'S i ,r v } 4 riCOUNTY rt}f+'IL03 Ait�iFSX fir, r 4 � �1 �(ApT1�:.•�9 2,� bai '1t Ftc�er) le i ttx t s r r rA t r ,,: is i� git �St:1, #ti, ,�i�i+ �•� +� t i I!',t , `'� Y iw 4 r:r 'ioL+ry }Frazr'�rlyd rt jth _ x ;,��. 4 �• � rrl , t ; #t a 'potinty+of som;' krr e��>�, , z 13trs trtoi, rx3# ctxlnla r;didir,g(` thdro n,,=dul tims lot16 8 ion ad P- rid � r avrrrrn'r t art orso ,� t�F aar+aa�`rtir '1� ` .`'l1. oX10- z-r5,i- B1Izzabeth S. ';3ybria y n i3, r.tt,t { - "x t "ti ci °Ci iiJ gtY�t rl'•;ir' it's' 1`'iw .. I;' 'Vary P. Xontra Kae ti x p .r ,ir ltarnIJ Dralmr,' Eleanor I l r tlrnd.y Itorict;tdl,'Mort ,6na Tw XteItr�p��Y tttjttR?;r tC,rarsiox'!r }Cora P, ArCammt� r {lt f ( t f 1 ( ct,� C.Ord A'. its'i�ay, ?A t�tr�'�E��t�sc��r�szx;1t3a ro A�`�Yo iry� t,c t tors, ' ..r 3Saa tti<Irs,�' 1y� SOr tv 6m tf , tCLitt art 3 srsr� "ar ,< ttalrrt tt`tSWxgo ,n� krxi?ivi rto ,>� �t o bo tt $ t (rorrtto 'rrtacroe:z�as aro n beerltrod to ont,.ATui w)m nokno,r't<edgo$ - t10 {+�r�,rz � irtl.g v .� �t it l.t�2�� r{i�CL3Cl�td�d� (VA ➢!�i��! �� � + "� � (1il i j rI � t L e • ( " :.�_. z ?.f #Si'5�.1,f�?YItS Kg1,�#i�' g ,!, t + In Witne et ftYOZOO�", 7 # t i i itt ra rr� o myt nazi r�m� t #.10, kar tile' ctr+•;,q a +'t t xt3 o irtl .cr ttr it�t t", '�o �► ' c �. 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Ill trio sst it"#.Orpof and 70f fic al � �r k r F x'`I i ° 'Mix Y a - � r " � 7 i � xt k�}�yr + �:�� r�.k ".k � �fi •. r j s i "7� < . 4 x �' STATE OP •,.. �. tip C. �"* " tyf� �' a'��°� � i1V 4 (� �* £C i i �r , COUNTY OF LOS AIWIIMM ", r t zx 'thin, 1 3t Z dszg, r� .1 pril s 19 2,,`' -bs o `cr"'oiyi43ttt, 11e lone V, Pomp, Notary, ru"i l4c in1 atazi Xor th € rtt ( "Fx sus' z gtzl to S a�x oi` C ii cs Mlzs,' t,,y p y.�. ,p .ar �g y:, ,kk ��,�,,q �, y �/ yyy� 'y rosid�rzl:3 �"btw L , 4Fi�1 k .L i �$ti' nd',,)li'a"rn, r,s,,c 'lly .fi t' #.[ ara F tiil7 Y 4ii k r j m =1:t4 dub3cribed �to the �. i`l w. �ot>wrz:+'� tt�s�vz'z to �sxx; try k tYrrr resssrs qha� rtsz #,,,,, � t. .1t ,: k ",�x1 .,t inntrt�zswit, and vht3 %!$y�iJ7A�€�k�t��aly vwtCt' �� `k ��i�t ��l{�' 4x'k"►6utpd. tbo F:1L'=1 pert fr Nt hwtn a �?'?�oroof`,' i�avo.v� or.0 -U ito be m"F hhn4 kkiT�C�., ofriclaL [ � 00' a1 tim) day Mt-A 7nt.,r ' rr ax es' cbrt1rie tat riiss :tab tvzr srrtttssra; s = NO tax sx RIM YbF fin—la S i g1 rS'`i`ATG.`` O.q Ci4LI OTMI , � g ., tg CC37 �,C 1 C $ u, Uz�tt1lstdsApr iit�r �ettt «.irr,� x ., ( , t, kr� �, tY y k fit < x y� <.k 2: C �• '� t i Notary F ts�al�c in an.-I 'r6r the" 0 staz'zty'� 6r _ ` Los, Ahg* z�, � .to of Ca.'l ,tornia y z es a.id r t za z rt °dui , crz to a an o 9 ndl x, orz ql. voi srtztts.iti� appoares4Jana w y t.p fia ap•.r �. Munro 'krjavtj to zra tc� tra tt . pax bocz vhc�sso � -i rubsaribed ` i a the srii i F __ -: iris tz "t=mt, r tx "1' Vito dO1cnoV11C'8 t ' i o azz�3, :ti �' hft'! exaczutedr tho bar -,I � .� ttt`.nr�rs �ti�rab��.., I i�r�o ttz�rar+�ntr�ss�tkztq tu�s�i` tazx�'c�t�lcla�l ,Its k0 t nor.B tho c`(ta r rr csr ux 4t rx ca t t + z }{���1r Y rx cs rift r � s� x r' r r'. .n Yki:C: or 39 Ch � $ ' ir• �, `,( t rr dry "k gs'i•.Ti , �4 '+ .. .ii i ii ': 71X`ci Aux w k' ,t• ! , Y � q y � a 'k i C i k r: r i r t ti CMTIFlCATE C or iv F FAMILY 3 . r,,r wwwrw,xwiww� «N . . ,%it, � `in�'��`� .a tvl ,. d f `-apt ' h1001 U 4 rµ.. s1'f j�X {k t Y< t- r � ��'. The SiC Clit 7 E{1t1 4�� C� l l "Akio Falii Q i z iG3�1 if Kl k��ry #. y 1 .« do hereby earthy that, t�ae�r��►���Y, ra�r#�����r�iy,` �ra�S l%eiis boon at M all timea'horelar rantiontd,! then;ddiy,+6leeti :j and:Fao t ing pros dert ' { iesriria �G, aed, miteretary of tALLY • �� IOJIAi Call « h�yt�y /r���.y . (:.4"1 rfx t gYk aq a�b fr j� 3 t1ne: At a r"p(jular eretr its rofr ttxe;,toard, or directors of cold Y~orporxation,duly hesid I rat 1�4.yprinc pal ,offlees for the trarmacti�n of businoss at l" onroii.!-fcallfornid, At 3Cd'ofclock #M0,f nn 016 26th day of Jun* 1961,ratiw i.c�,mastins'thesre va %L y d` a ;Yll times praasesnt � read, eactU% 'ex�$,gaPrua of;rthe rmeemberer of Bald y boaxrd, tho4 followin renolu lona:wtra duly aadopted t 4%0 tr "t? tt F�. r it „ies deerdt+3z `4 this beard or`' ditectora of tt;i Y c rxwp�*xaatiosx to ttd to it* beast i,nt6rentes an tra the tcnt. tatCrCfi t4F O twt�'a n.0m �crar thae tta., erticlos or' imorporation be amcndaad,hy adding there tts ,*llrtiel* RIGHTf to read eke followas .. r ,. , , - � Yxi ." ^ � i r" retie <•'�'" i t � -'� ,x ' a r';2, " iC�liTtlt tro air iTr, `thb Pitt earnings of the cor- ,}'* port 'Inurea'to tho'berrsfit -of any private, nitre- bar° th roof, or In the ax e:nt< '. of dittiolutlor t l"? "i�cesartte a "th+ . crarf+earrstirrrswiil ,b .k F Y :c > trrntrcrrod to c , "usd,,r,iEli6dot3rn4or torporfition. <. or,- ,*nizod and oporate oxotualvell far charitable pur- n e oo t of di trlbutiori 'the dlatrlbut o puce, v� °° ;: 3Shtrll or ,6 nit' is xarcpb 1froa ir'erd+rr* lnae >w ta 'liability. nExoLvvD PufmiRR thstr "•then - borard <<,of `+diracterre 0; this+ ✓ " sty aorporastlnn btrtlbr adopt* 4ndrapproWt weid eLmenda -vitk or Its* articles of ixrcarporat%rarr «�? 4, rx Y nEaotrvr r 'PvtEn *tha at 'th*;p'm#iAanit''cnd this eac�reita ry t { o hih corporatjon be and,,tise °har*by aria autl.orittd Oared d r CCt d to pro vtra esda tlon',#nd'.ar'ppz�rvall of truer it'rc tsir� ,i §T atzindme!nt by the rate o ttso.4hlyde of I'sAttomm ,tit' tho' mbars r of*,thla corgi,7rttloo, ;snd.thoitaftarr tC'a.alo srai,rear°ify b1r d' � tha iar oath* eat d to isaex ea certificate In the' fps» end arxara�cr' riquir ed by tectior 3,57 orf' th4 Cal ifcrnite" Corporsitlons Codta, find in grintreal to do tiny and .all ttrin�a "`t+ectessaar "tC3 e"ff1»c r ; +< "rtairi rtes nri.�axat � �;ccorda,nctr erlth'�eid �eatl.aex'3 ��s� s =., s` ..� 'rtr �; s ..'� ICI }• �1 ;� }V , Two it; At`a rpecia€I "aLinF af`� t,xex� ma�beraa� of *ald cor A r r !., '�� Yi rX Z.�T rSJ t1.0 (�� tY'k4 '�I Cr Stf i•� �l' por txioxa Rdkxiy held at` isXd `pr[incipal,aof`flcti. iTbr the, traxaza tion ".p ' Y s'° ° K �h" "yt�"� �< '`�4`�(�``a r 3�r"� "�7w� ai', * ��* � ,, r �• r I I r I I .- �.r �( 1,a } «a }C ra•^a.�ji ! L rr y x, t rr f z .+ w'. { a ry" +,'! C r � � � ��.abw! ��- ��„,�! r 4 � c.r �❑ «rt y t.. _'� � � i z f ay V�t�` � t �aN�'F •��` ki y'.ar r i � � o�� r , � a i s;, t ' ! i '• `x^r �'R'�., r ✓tia.� � 'dpi (er Z' �+�r� ! t r i t '�s n•v: I Al-, 1 5 t . t i '.: x .i r l r� Y7 �.a't�a�� -if �F �r•aii r �.• ",r ^r ,•� "t ip ,� •crt t ,f � y x to f4 .'`��ff"i ,tw � ! ? e4 ;�d _ .r s � -. + yk or bu'sisaeda#,'at `T ' P,; fit «. 'on* t,h1 s, t 'd'AY , Augaast, 1 610 the � tollo li S ,radolutlon was dull adoptadf:� tl banrd 614dizeotors of" thin corporation at a �rtgulae r-rtoting duly liold 'on't1 -2§th day tai..dune, 1961, at tne, pr1nc1pa1` gff1cj'> or- ,t fovrparetitn 'loco t�a+l� At,. flonrovir.,. reilifornlrs,a adopted End approvod.b remolutivn k E ` srtjojei of IncorporAton ct °onJd, oCrrl eerrdrnoet'e `ti a rr, �1 x 5 .t.tf ww' 14 Mc w� #ff y v is s' C�S3:S ccr�sara�'t ie�n as sc�r�adl.ng s�5aid .r, ti,a. c�av n` war, c"a y+aa .r.aa�j Art�lele t3ld I1 1 to x"ersd es io ss ` ' � l;t` '! �'' s' s x :.1 1 IT11s`. f1os pert oi"xath+a`�n ert`vs bl ton—s paxaszcxxs �rtnii inrc�:i` the',bersfl t< ^rssa'px 3vast€r' r t aasr tltortsbf,' tit t6,- 'tiny:otti s.rhindividutil. Zit the r..,r` .lithe trortnfrrr �+sd it asf fund,' t�sxan at esnr orcorp s % i, ti r car�aro ,. ti.ssrs arg.�nlzed anc oporreted esxaluxivelY ror `claasritnble ,. ' p} r roeto`zt. wand 1rr tf e' �r «tsnY oi` elletrltao..lora, tlao dl n- a tri utee h."11 be,' of exempt from, Federal' irscomo tax y ,liability." - cc �:�ke!� vi ,' d`zi i+: ' a,a�5", ai �p OL-Vr'?�"D, t'1rofl t t'ho f rtgoi.e'g a�r� —nd— F mint or tho nrtirleas of incbrpbr^tion of this corporation bo used then vairi hereby in asd�opted�tand approvod b the rA-1 �� a of this coroorastlon and tltrstr,llt i <,asrticla�aa 'be awinded' by addira thereto Article g .1011"111 to r ad °: a4>r- heroin ��vat; forth ; t. Throe—, T4 e, forego mil Cmi6dmaQ,te was adopted and itpprovtd s -" :� f' eat�mberesj.� �. at odidt me ,, r�axrstix by ;the tatrxl �vrr�e,w'of 7�_ ' a xk amp ,,ya �� fours tcstxti;- rscxm%'erst {`casabas s .>snid�corycreti'on f< , a1r entitlod,to vote 'o or'corsrent to; the, adoption or" such, izendment k Is, l r of lsici ,ten 1 rat• eazrst 4 ',' 2 membera, conl Lt tote a quorum. ' �' lt� ��lx't��s� ��iiE��',�`tt��� �ts,de�ai�ned�ha,�;rb, oxT�rotttad: t�i.�' ' t ` "•r � � ce r ICScaG or amandmont` deny, Or',lugu st, 14901. ,, t , tf,. �'f1 it r• i "�.� {{�'�:� r "' - :. ' `Rlit es r4 i:3 �s:411, iFvIeer 0f. rionrovia i _. f f ri, S, `•9 d'Ir,!.r'�ir�t .» t 1f` x "« i @� � E x f R •� ' d �4 , ��r r rf• a tY i f �. a Y t w t Q r {' yi5 •ra f t �tl, q a yr iF a ykt f i1 i a ! f miiyrBarric vies y x ` �t 3 i 1 .M' a f f ! r 3 t { a k ,a r r� I I fj IF, i;,Z, �t "M� At 'T "if "A' A" T . � 10. , , � ;: , , , T j 4 oi4l J IT, W lot 0 'P P4 ti COMM OP' LOS t !fl Wa ldt� andAhaila'�Mto' tievt d U I i :John Co Th' 'T A for iximusir/haiositiq, depo ;ee i•and i bays I Thtt 41911n WA ldel),, IS r, all , flj ati t tho u :rorq go ing -4�endman corporation,,tharoin,_' mentkonod, and, of y" Ito timns, tht reerdtary or,"said ";4oiporatlon I Abht"each tink road tre made era u to o V his/kier own knoWledge, a nd,I thatt4 the..! 9 igna ttiris purporting, to be the signntures'.-or sai O�Jprotvident and'!stcretary thereto -e tht genuins- sIgnsature of a di,p erstdant and ",secretary, if 44' i, A: -T, _ af4 a �n "�Y vt "'""'�awL:..�".~aCyfr!rs" f 4-b V �4 -Subacribed: and swor be n, tolfc tre jo F me this 8th d a y .o to Axgx u is 1, I J v �4 :j. k VL fir" r couotj or E.Oft Angplels, sth of, California. 41 A` v �4 :j. k VL fir" r } +"tea 'x•r �' i i 'CV""`6�'a *.pp j� *}y� it �'" 4y .x "�.sY+ 2 sw x x�.,. ,q p t x « %°j i37• rye ¢arw'a.:} j c '�..5 �,r,I y°,{'.i4is'�4.. rn1�,. i'wµ": �n��LiY'kl�'S� #�n�.wr t;.d k4�tJ y:j�R,4 {r 4 at -Fgs' �.aa& r'C�r.} t•`ek,E ".,..e t ,. f4 tr i. � F F� ",I �7 �4i �_ i'�. r�•L t it �. <� X` :� � le ) � � 1. �. 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E Yav,t a; r,`. •d, J I 5t k t.,t ��h •. .,j , � � fi° Sq i x: t ^ts s + Pi �'., qs4 r���,p 5� °,,i,,�, k +„fir �...a. �f'tt ;L �'�3.._s �.{ li � �•i ,`'4. y? ? r }, a +rfi�a"j 3 r� �t "t� °S. A o �+ .� :'� i s+f„i }E `.•L, w., 'r`•. », it',i i j �. 11 ..'' -i } 91t 4s tw 9'a"t saa a`0 Kj tr..i iv r 1 a. t f✓ a ti v ( 3�Y: t +{,if, y� °,7 i.'''j 4 a•, dK s� 4 I' }} E�kY�i 'r'" ». a; °S� ", zr�� � °1 `a''t ��'at� � tf �. C,i':3� °�` #i` " ".t, � K.j + y t« # 4 tr' i i� •a ^a JE9 }� "�1N1,1 'v�. °4Y� s Ri t� ij fi4 •;�y.� } } ° +Ihys�S �E 1�i �d �.:Pf {-'t �,fi' �.I S� }�i. � g t ��.'S�^��,fi� }':sy�.���"n t��k+��itit ' f�ti �jy yry y. 4. jap*r 5y� �•y �p Yp Olin, tj IA 4A:1rx1a, lsi: 7i d.1' ds�i aie i. "t irtitaKGf #i, W£ ^;A4�AYR.l.r �A�J:J�.7 t d 7 OT } a i r tr f •s ++{ ;,• 4 a } k: "�;? 1 }t +' fy r jj { �,ail4T'jr F; fit t« t* P ✓r"�',j !y a -it"`'�4£ {..�«k""w""Y s rt Y•a, f r ' s k .kEfi «i � ( ! �� �`Yty""""' trrs Ctiai> """ � }Fr � f�. C � '� •i � �` 4 i ++rt�n"' t �� �. y, K '� R', ! ;� i,e, � ..4 i 4 4� L.K .i �i" t A' . , Y Ji t[ %� h X1.1 {" i i +« in• w sr 4 i . .�,t 4?� ;K ? T z r s !r " do knotty tc*rti.�` thl tt10Y, h a.����trr��±s�a���*`� r idxcw �v" y f r ,k ' v rsta tt zrSsrky ' tit ca � ptiy hart tug� es, o ca t r•!rr � ntar z' � ;, �'.. tit rua h+rrfirtl A- pron Wnt` and t i ti j i 170cretc ry,�ai.� �'!tl t"l k i {l ;t �ry4 r. rz Cad ifornia corp,rrttion t t ,+ r s ;. 1 X1.1 ( 1t blr ip+} sY` fi s L 4Y s z i{ Ono r' {A it rogular 6bfti ,O, ",the « ue Lr3 '�cor�o retio duly, held' a t ri to OrihcipaV off ice ffor the t as. t " ' trail Mae tow oi h�s. .� liforhim at 7 rat k " t t .,cKcloclt;P.M., on the °29th der:�r�; �u3 r` 19�x£� ttt` whicxh �c�t nq e g� ,�dfi,. �,,':��.+i r' �- '` `� f ` } °[ '�" %i i h�`� t i f � fi , � •; y ., ,.� , Y r k ttr rcr u zat s i t n rrc uratatd,, n .1 a tinq w quortt of 'th1z mvi - � •�, cr9 oft �i��e� bonta; %then f6itoiiyltjg r asrolutionii� were duly adopte�e� e At ' 11 i ra i# � t des 'ci+ ec �.h r r'ttrzr' bi td of dirac�toru s t � i+ cr �r tion ' bo,} t,o. -it bimpt' intfiarent and tc terra bent Inter ta to «'c `' tsa zx rres thftt 1 r i of ncorparrstlE n t seaj?�MOr��dod b adding to Article ;. t ; r ° �� °,, lit. w , .,:'X'i o n rrretra ran ' pro pi .tiity'�ofokhe$cfiarprret%nn tiro t irronsvocably dodi 'ted'•�to `^ cherith *sK�eoStantif� ° ^z�nd`ksosrpitzi r�rses ' , t`: itt et�pl�rince Sz�ct£tani2l:4.tsl of tls�a' +r, 110vEassia.o and z+xrrt in Crcier "ea f orn#r ,$ '3 a til th,st Artic qb ':esirerzt md, to "made }� rj �LSL1X3r a'" a k °r^ �a.si'do �e�t p.. i tr�. }k;'j ai , w t"'tt �v Iii � r � �` r ° �•, k ag Tint the nang cr ''thCS crrrpr,rration, in snu m fUIXTA MULL.&'P.[.IF \V JLClOi {aa t ir�`�j4 dTa tYn. it }4 't ' r rt Fr T' i,V L ^ tit C.ffi "then th! t arc fCtl directors' cs cor ration hereby.' e�rre'by ikdopts nn[�iexppr ova�z` a�lt� inrn *, stms13` UIt111nn 'thntlb the �pr"t3otdtnt and tttta 'roar?t+z��raiC'thi�rszticrn �.e� i�"� �������> �` iC' �L tCi�€`��2�t��x'+ t i j "Yr �;. "•`r hn p s hy rra�.!of ,th+� ���rrra�>��xr��,�ir��n *sit s t4w • y ` ry �, ' - .r� r- _ r• t,i. y t � ,y�vrzoar _ "�74v�.`,�� '' ' y ri }� � r` q k`t rr• y ', r i i(t, w t I "'ii;l r i rt: t ! �.�t^ 1 yp�- 1e+,r ,yj,7 ;+ it,. # tlt'�`i' ., di= uir #.. $fAri.� jr2r.• r,llzta�q, ..`!�tri`ky. ifi 3f t.9 r r ! r >'r9 rY $ f•�?ty,..('.�lx1. @1li r : t ! t r*' r s. r c is `" `. �} t � rei r• f k 'x, yr 9; % f. t t' l 'fir d "_ x` ,k,. r� l,r,� TNi..a•"f r �.11•r�.Gi"" •;� +x�9!Yyt� rt y °,dat' t! 4 yfrli 4ys 3- IV: Si x', .#irw( +2 hl� $Z2���1�r §'(*���J(� t��i.,`�,rf `fl�Xtlj "�p ! , f ( r 1 'r t d r'b i x rt;? ( i Ld f^t; * t t" + ,J( ? ri • i , "•, ,y f +h'tf i�l. t , ' t! e � li.tl. �ti 9r t,« .�i�r�± r •,� ( i z.,v �, rr "'S r.. i .r�.:.F�" " x .y r ♦ r. �( to I;.N,� ywt Y[ ,)tw i J r Sr h $t Y tt p;,if IX j t1 t t�T ,1 "lio "r Sif �t2it4f3 ip j `. rti 4 lily Y .Y {P t it t9 S ��ih +�j f 4rd,(t��� ik.• ��x I(.., "Srti #:e y a..7{,�rst �'t3:��'r ry��'' 1 a ' r y. ,:1 t. t t •ti.Ysa t i,.; t2 Xt a.x ,17111 " a w it _k kl 7tC4 rCd " io tit kci tl� a a gtlorum, 09 thi ii, _40 be, r € , Pr r" koir ar�th>'hn+d`:x't+a"tf+ anitrt` �, r t r� �r rte" �, Tf "£rr ttt3�rnaGt�car, rrt 'y�;Bn: "367 a e o w T ! 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'girl tvvrovnd by ronbjutio bf- :n4id'bctard lan mmrmnd 4 mail t of the hrt iclon' of lrr6torp¢�ratictr%'Of . thio coy y s r ter *r` pozatlorr rsmnt►clirng �sirtieloe j`,. Articlo E gaff it that 1 :01 crwaittg �r�rrda :,r� 1 ;' �t� Thoo 'rarsnatrl;�rr d' proirc tt V 0 i t to corporation zrrn .i,tro-vochblp dedjibit�ad to religious and ci �ritabl^�r r�ciantifid,ra d ho pitnblr r i rtacan in �r ttpl rz o ' ,s .# 600t,00 l k�Ctl of r ves xt�e, and Tbxation ,Code of Cali srcni.n, I itx Ty rK�le tf` i i ! zrrt�T the t hrt c3r� � (nmei�ci scl t+w( rea 't fCill�7�atzr't a 4 �,`i$' r " r''`i'ytr�y4'si(y r r.''' "i tCtt' th,-'*'S1arl,3 of �th6=,Ica *r io trtion i ` h ixh t r >' ! Pr k xj sT it �" i!° rur I t r }y ltttIT FAMILM $ t IC trrt� lF ,t �:� K i t ,.t r S i a, f, a i t :r t " t1�Jkt,..'Itl tLl43ttlt,Y 00 IT S0L'V SI'that'rthet iforagoinq tf�. 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I" ices° for yool` .tre 11t. itsi-t llilt- In cam - � ts lsz rtattt: tInning thu vnlnt: r th- stl vrttsa ttf tax 11111-1,111n en ;risyytlxxif) tlst; C7twnt �trrsviliti -tl by s,t•i °kittrsrt 15155 anki 2106 'taf tlst` lin t'n»rl its.��airoz tz�is csi` i ' «..w I A L i'.._, ti ccC Y..".'7. `% sue" A Monrovia- - 0411foraim " Excaz,°�;�oi r » eta ,,1,anChjsO TAX _ It 1 -k-he crpi aion of this office, "used s Axpon the evince rye tba:: "yo are c t r state -franchise' tax under the r�s r�xr�s a coca) 2370-1d of i r e eme and. Ta=tion Code, as it is Sbown that -you axe. crgt tized and. rated e c .usively. xs� 1 � °2 " •. Accordingly, you will not be squired to fide franchise tax re ,rIS unje,ssycu change the character of your or � Cniza icn t e ParPOses wYdch you were erg zed, or you i3othod of Opera j ,: - "pt such changas, , rs zf should e reported �nma � t ds" office in order � or ct apoh your exempt status may be de rxrnc * Contr tutions ode to you are dedu�bUt sc donors in Barr ivi at thojA* taxable net incoto in tbO Ver1n0.: I =d to the eitent sections 17315, 17316, 17317, and 24121k vf the Revcxnm and.1axatio `Code s � If the organization is not yet iiicorporated or has not c•t V to do business in Wiforn i -approval vdM expjra wl .th e"• .Y 'Unless incorporation or qualification is ccrmPl within luc . period., -� Ier y truly yours ". '� '` .' Jahn J. Campbell Ebceautive Officer BY a CAssociate ' rx�� ^fir' � V. cc - Secretary of e cc Paul Pussell kµ. �r rw r; " F Internal Reversue S'tsr 100 Deparmwnt of the Treasury PR 0. Bog 2508 Cincinnati, OH 48201 pate. .August 4,200S Person to contar:t AIvtn Gadd 31-079 Customer Service Representative Sari Anita .= arnilyY Sec Ace Toll Free Taiwtshone Number, 60S `S. Vie, Ste- z &-00 &M to t:30 PML M Monrovia, M 91013 877-M -5500 Fax Number. Federal ident"rtiawation Number, 05-1816014 Clear Sir or madam, TnIs is in response to ,, >o. r ra uest of August 4, 2003 regarding your organizatiorYs tax exempt status- In September 1g61, W1, issued a deterrnination letter that reacgrtind your organization as exempt from fdde~al irtct'rrr` a tex. Our recoms indicate that Your organization is c jn entiy tempt under, section 501 (0X3) of the internal Rev6nro Cod,,. Used on Information ubsequently submitted, we classiflad your or, arri Liar, as one th8t is MA a p04te foundation within the r tart; rg of section 5 {aj of (he Code because It Is an orgentzation described in se aeon 509(a)(2). This classification was based an the assumption that your organization's operations would continue as stated in the application. If y: ur organization's sources of support, or its character, method of gyrations, or purls have a«hangcd, please let us know so we can oceisider the affect of the change on the exempt sus and foundation status Y1 your organization. Your organ Wion is ruquired to fiio Fom 990, Return ofOrganization Exempt from Income Tax, only €f its gross ra ipts each yr:ar are normally more than $26,000. if 'a return Is rsqutred, it must be filed by the 15th day of the fifth month rfter the ens of the organization's annual accounting rrericd. The law imposes a penahy of $20 a day, up to a paxiimurn of $10,000, when a return is flied late, unless there is reesonabs cause for the doiay. AS exempt organixatit 1s (Unless specific tty excluded) are Cable for taxes under the F- ederal Insurance Contributions Act {sot al security xes) o- remuneration of $100 or more osid to each employee daring a calandar, year, Your t Vanization, is not ii ble for the tax imposed under t,: Federal Unamspioyment'Tax Act Organi;mtions that arc not private fours=. ons are not subject to the erxdi taxes under Chspter 42 of the Code. However, thesli or enizatons are not automatically lly exempt from 7, *r federal excise taxes. Donors may deduct c +ntrit),utions tea your 'rrganlZatlon as provided in sett 1170 of the Code, Seouestt, legacies, de,,Iees, tra: sf rs, or g"Rs to yro r organization or for its use are ; sductible for Pedant Mate and gift tax purposes if they rr:eel the applicabie ' ovisions of sections 2055, 2108. and 2522 of the Coda, Santa Anita Farrifly -S-er,iCe 96-1816014 Your organintion is no, required to file federal Income) WX relu-ns unless It Is subject to the tax on unrelated business income under section 611 of the C*da, If your organization is subjed to this tax, it must file an Incolle tax return on th,i Form 990" -T, 5XOMIA Organization Susiness Income Tax Return. In this letter, we are not deforminingwnete , any of your organtrAtIon's present or proposed activities ay -0 unrelated trade or busiftss as defined in at on $13 of the Dada, Section 6104 of the Intcrnal Revenue Code requires you to make your organization's annual return available for pubilo Inspecton vk tout charge for three y *ars after the duo data of the raturn. The law also requires organizations tnat rom Md recognfWrl of ex0m#110n on Dula Inspection a copy of tivi exem Ooo application, any supporting d=mshts and the exemption latter '0 any individual %mo r;4questt= such documents in person or in w7ffinZ. Organizatomr, that received recO^,,nillion of exomptionbefora.July 9-j 1987. and had a copy of their exampbon application on July 1a, 1987. are also required to make avails ble for public inepedflon a copy of the examption, application, any supimaino do merits and Vie ex(, mption later U) MY indh4dual who requests such documents in person or In wrWn; For adtlitional informat )n on disclosure requirements, please refer 'D Internal Revenue Bulletin 1999 .17, Because this letter Ccov,o haip resolve any qu"Alons about your orgariLtation's exempt status and foondation status, you should too , it wlth the orqantzatlon's permanent records. if you have any quqsb , ns, pjaess oajl us at the telephone number shown in Ithe heading of this letta;-, This !otter Ofllrms your orqanization% err pt status. e'r John P Rlc*etts, Director, TE/GE Customer Account Services Please provide the actual number of your total clients to date and the projected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year Actual Projected 07/1/08 TO Current 07/01/09 TO 06/30/10 BALDWIN PARK RESIDENTS 81 200 NON - BALDWIN PARK RESIDENTS 1200 2800 CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start -up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally, shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. AGENCY CERTICATION As the Executive Director, or duly authorized representative of Santa Anita Family Service , I certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Phone Number Santa Anita Family Service Senior Center Program Description Santa Anita Family Service Senior Center is primarily a resource, referral, and care management agency. The premise of the senior services program is to enable frail seniors and functionally impaired adults obtain services in order to promote and maintain the optimal level of functioning and to remain living independently in their homes, therefore, increasing the quality of their lives. Student interns for the Care Management program would assist care managers on intake screening, home visits and assessments, care plans, care monitoring, and information and referrals. We have a total of six care managers. Four of our care mangers have their BSW and two of our care managers have over 10 years of experience in working with the geriatric population and their care management needs. There are three main components to our Senior Services program: 1. Care Management 2. Home Based Care 3. Care Giver Support SERVICE DESCRIPTIONS ELIGIBILITY FOR CARE MANAGEMENT SERVICES: Care Management services are available for adults age 60 +, for disabled adults age 18 +, and for the families and caregivers of either of these groups. The clients or their caregivers must reside in one of the following cities: Arcadia, Azusa, Baldwin Parr, Bradbury, Duarte, Irwindale, Monrovia, San Dimas and San Gabriel. If they do not reside in any of these cities they will be referred to mother agency that provides care management services in their area. COMPREHENSIVE ASSESSMENT SCREEN: Assists clients with short -term problems and assesses whether the individual should be referred to care management for further assistance. Examples of short-term issues would be assistance with completing entitlement forms, applying for Medicare or Social Security, property tax postponements, translation of documents and mail, etc. CARE MANAGEMENT: Provides advocacy and assistance to clients who are unable to manage a situation or problem due to physical and /or mental difficulties. The process starts with a comprehensive in -home assessment by a care manager and if appropriate, may include the client's family, caregivers, or support network. A written care plan is later developed with the cooperation and collaboration of the client. Implementation of the plan will involve referrals, service arrangements, case conferences with agencies and individuals involved, and monitoring of services arranged to ensure that the client's needs are being met. The goal of care management is to empower clients to remain as autonomous and independent as possible and to assist them only when needed. If a client's needs change and more services are required there will be a shorter reassessment to determine a new care plan. ELIGIBILITY FOR HOME -BASED CARE SERVICES: Home -Based Care services are available for clients age 60+ that reside in the San Gabriel Valley, between and including the cities of Pasadena and Pomona. If a client resides outside our service area they will be referred to another agency that provides these same services in their area. HOME -BASED CARE SERVICES: Light housekeeping, Personal Care and our Registry worker referral service are the three core components of the Home -Based Care program. Light Housekeeping and Personal Care provide a client with a worker every other week (3 -4 hours per visit) for a maximum of 12 weeks of service. A staff person conducts a comprehensive in -home assessment to determine what program service will best meet the needs of the client. Clients will be assigned a worker based upon a waiting list and availability of workers. Our staff may also assist the client to apply for In -Home Supportive Services if needed or possibly refer them to our Care Management program. The Registry is a referral service available to our clients who either have In -Home Supportive Service hours or who have the ability to pay a worker to assist them in their homes. The range of services provided by these workers includes but is not limited to the following: housekeeping, personal care, transportation, shopping and errands, respite care, etc. There are also a limited number of workers who are able to live -in the client's home if necessary. When a client calls to request Registry assistance a thorough phone assessment is initially performed by a staff person. The assessment will focus on the client's current needs, but will also focus on their strengths and abilities. Our staff will help identify a worker that has the qualifications and the work schedule availability that best meets the clients' needs. The Santa Anita Family Service Registry is a referral service and the client is the worker's employer. The client and the worker determine the number of hours to be worked and negotiate the rate of pay. ,IHSS hours and pay .scale are determined by the social workers of the California Dept. of In -Home Supportive Services) Our staff is able to provide assistance with interviews, legal and employment obligations, and a list of other workers should the need arise. All Home -Based Care workers have undergone a Dept. of Justice fingerprint background check, they have provided proof of their ability to work legally, two previous Job references have been verified, and they have completed an interview with an experienced staff person. ELIGIBILITY FOR CARE GIVER SUPPORT SERVICES: Care Giver support services are available for any caregiver of an older adult and relative caregivers of minors that reside in the San Gabriel Valley, between and including the cities of Pasadena and Pomona. If a client resides outside our service area they will be referred to another agency that provides these smile services in their area. CARE GIVER SUPPORT SERVICES: Community Education, Caregiver Training, Support Groups, and respite are the main components of the Care Giver Support services. Community Education provides educational presentations to groups of caregivers (and potential caregivers, family and friends of caregivers) about available services. Includes presentation scheduling initiated by the agency for the purpose of identifying potential caregivers and encouraging their use of the existing services and benefits. Excepted outcomes should include generating a feeling of trust and comfort, willingness to seek additional information on the services offered to caregivers by the Area Agency on Aging provider network and encouraging caregivers to seek information and services. Caregiver Training offers workshops and conferences that provide family caregivers with the tools to increase their self -care and their ability and confidence to handle difficult situations, emotions and decisions. These are conducted off -site retreats providing opportunities for caregivers for both temporary relief from their care giving responsibilities as well as providing training, sharing and mutual support in a group setting. Support Groups of three to twelve caregivers led by a competent facilitator, having the purpose of providing the caregivers with a forum to exchange "histories" information, encouragement, hope, and support. Respite provides assistance in obtaining respite care, to permit family caregivers to attend training or support group meetings network. ADDITIONAL SERVICES TELEPHONE REASSURANCE: Volunteers make daily phone calls to clients who are either home bound, isolated, or who have limited social support. The goal is to provide socialization and reassurance and to have a safety net in case of emergency. TAXI VOTTCHERS: Taxi vouchers- hus tokens, and bus passes are available the first Thursday of every month. The vouchers, tokens, and passes provide local transportation for seniors to and from doctor's appointments, grocery store, etc. TAX FILING ASSISTANCE: Once a year AARP provides volunteers to be stationed at the senior center for the purpose of assisting seniors file taxes. LOCATIONS Santa Anita Family Service Senior Center 603 S. Myrtle Ave. Monrovia, CA 91016 (676\ 255 8 -11 85 Azusa Senior Center 740 Dalton Ave. Azusa, CA 91702 (626) 812 -5179 San Gabriel Senior Center 324 S. Mission Dr. San Gabriel, CA 91775 (626) 308 -2822 Baldwin Park Community Center 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 (626) 966 -1755 All Santa Anita Family Service staff strives to provide services that improve the quality of life for clients while maintaining their dignity and worth. Our mission is to help ensure that client's remain safely in their homes and communities with appropriate assistance to prevent premature or unnecessary placement. SANTA ANITA FAMILY SERVICE, INC. TABLE OF CONTENTS Page No. |NDEPENDENTAUDITORS'REPORT FINANCIAL STATEMENTS Statement ofFinancial Position 3 Aes Statement 4 Statement of Functional Expenses Statement ofCash Flows 6_9 Notes to Financial Statements SUPPLEMENTARY INFORMATION Schedule of Expenditures of Federal Awards 1U-11 Report on Internal Control over Financial Reporting 12_13 and on Compliance and Other Matters Report on Compliance with Requirements Applicable 14_15 to Each Major proQrom Schedule of Findings and Questioned Costs 18 E ACCOUNTANCY To the Governing Board Santa Anita Family Service, Inc. Monrovia, California CF.IZTIrIF,o 11 UBL,IC AC OUN "PANTS I {RISTIN CREIGHTON, CPA, Parr,", JAMEN WURM, CPA, M.S., i'arener Independent Auditors' Report We have audited the accompanying statement of financial position of Santa Anita Family Service, Inc. as of June 30, 2007 and the related statements of activities, functional expenses anid ash fmanaor the . year then ended. These financial statements are the responsibility ,„ 1„- I Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards and 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 basic 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 that our audit provides 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 Santa Anita Family Service, Inc. as of June 30, 2007, and the / changes c daccounting assets and its cash flows for the year then ended in conformiiiy VVRII U.S. ge —u,,, -� principles. In accordance with Government Auditing Standards, we have also issued our report dated December 31, 2007, on our consideration of the Organization's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal- control over - - financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Our audit was performed for the purpose of forming an opinion on the basic financial statements of the Organization taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A -133, Audits of States, Local Governments, and Non- Profit Organizations, and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the au' to the basic financial statements taken asua wh�olen, is fairly stated, in t of the basic financial statements and, in all material respects, in relation December 31, 2007 Pasadena, California Miope 626.449.6321 Fax 626.449.7091 72sti iee 877.449.6321 Web goehnercpas.com - ddt,es . 251 S. Lake Avenue Suite 190 Pasadena, CA 91101. SANTA ANNTA FAMILY SERVICE, INC. STATEMENT OF FINANCIAL POSITION JUNE 30, 2007 ASSETS CURRENT ASSETS Cash Investments Contracts receivable Prepaid expenses Total current assets PROPERTY PLANT AND EQUIPMENT - NET M. TOTAL ASSETS LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable Accrued expenses Notes payable, current portion Total current liabilities LONG -TERM LIABILITIES Note payable, less current portion Total liabilities NET ASSETS Unrestricted Temporarily restricted Total net assets TOTAL LIABILITIES AND NET ASSETS The accompanying notes are an integral part of this statement. -2- $ 75,825 3,253 348,282 14,599 441,959 676,067 1,118,026 $ 96,360 46,728 10,411 153,499 405,353 558,852 549,378 9,796 559,174 $ 1,118,026 SANTA ANITA FAMILY SERVICE, INC. STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2007 SUPPORT AND REVENUE Senior centers Pathways Pathways Calworks Pathways General Relief Parents and Children in Transition Famiiv .qi Innnrt Domestic Violence Calworks United Way School districts Proposition 36 Family Preservation Assisting and Recovery Motivation of Survivors City of Azusa City of Baldwin Park City of Rosemead City of Monterey Park City of Covina Image Plus Impact Plus Whitecap Other Contracts Program fees Donations Gifts -in -kind income Interest income _ Rental income Miscellaneous revenue Total support and revenue EXPENSES Program services Management and general Fundraising Total expenses CHANGE IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR Temporarily Unrestricted restricted Total $ 800,791 $ - $ 800,791 20,215 - 20,215 19,578 - 19,578 20,889 - 20,889 118,226 - 118,226 150,000 - 150,000 256,800 - 256,8nn 117,841 - 117,841 26,975 - 26,975 403,973 - 403,973 568,233 - 568,233 40,522 - 40,522 91364 - 9,364 5,000 - 5,000 38,400 - 38,400 5.000 - 5,000 9,550 - 9,550 74,047 - 74, 047 15,000 - 15,000 20,000 2,000 22,000 18,257 - 18,257 153,119 - i 53, i i 9 9,600 - 9,600 40,474 - 40,474 1,098 - 1,098 2,345 - 2,345 - _ - -- 17g -- - - 179 2,945,476 2,000 2,947,476 2,546,610 - 2,546,610 432,097 - 432,097 15,808 - 15,808 2,994,515 - 2,994,515 (49,039) 2,000 (47,039) 598,417 7,796 606,213 $ 549,378 $ 9,796 $ 559,174 The accompanying notes are an integral part of this statement. -3 SANTA ANNTA FAMILY SERVICE, INC. STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2007 PERSONNELEXPENSES Salaries Payroll taxes and employee benefits Total personnel expenses OTHER EXPENSES Utilities and telephone insurance Professional services Building repairs and maintenance Supplies Postage Auto, including reimbursements Family Support program Domestic Violence subcontract Printing and paper Membership dues Interest expense Rent and lease expense Purchase of service Special events Family Preservation - subcontractor Gifts.-in -kind expense Miscellaneous expense Total other expenses Depreciation and amortization TOTALEXPENSES The accompanying notes are an integral part of this statement. -4- Management Program services and general Fundraising Total $ 1,699,255 $ 289,145 $ 9,971 $ 1,998,371 148,274 126,033 21,500 741 1,825,288 310,645 10,712 2,146,645 63,067 10,758 371 905 74,196 181,096 153,932 26,259 38,048 38,048 - 25,428 23,394 2,034 6,340 - 219 43,721 37,162 3,910 977 4,887 - 29,889 29,889 - - 69,514 69,514 - _ 16,936 16,936 4,117 1,806 1,300 7,223 2,007 - 2,007 30,067 2,614 - 473 32,681 94,649 80,452 13,724 - 20,311 20 311 3,0 3,1108 - 530 18 3,656 _ .116,116 116,116 _ 40,474 40,474 6,411 ' 11,129 833 18,373 694,950 119,159 5,096 - 8- 26,372 2,293 - 28,665 $ 2,546,610 $ 4_ 32_ _ ,097 $ 15,808 $ 2,994,515 The accompanying notes are an integral part of this statement. -4- SANTA AANTA FAMILY SERVICE, INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2007 CASH FLOWS FROM OPERATING ACTIVITIES CHANGE IN NET ASSETS Adjustments to reconcile change in net assets to net cash used for operating activities: Depreciation and amortization expense Changes in operating assets and liabilities: investments Contracts receivable Prepaid expenses Accounts payable Accrued expenses Accrued interest CASH USED FOR OPERATING ACTIVITIES CASH FLOWS USED FOR INVESTING ACTIVITIES Purchase of fixed assets CASH FLOWS FROM FINANCING ACTIVITIES Payments on line of cred Principal payments on long -term debt CASH USED FOR FINANCING ACTIVITIES NET DECREASE - IN.CASH CASH AT BEGINNING OF YEAR CASH AT END OF YEAR CASH PAID DURING THE YEAR FOR: INTEREST The accompanying notes are an integral part of this statement. -5- $ (47,039) 28,665 (142) 30,454 2,114 (105,670) 2,187 (1,952) (91,383) (18,930) (84,161) (28,141) (112, 302) (222,615) 298,440 $ 75,825 $ 34,601 SANTA ANITA FAMILY SERVICE, INC. NOTES TO FINANCIAL STATEMENTS JUNE 30, 2007 ORGANIZATION Santa Anita Family Service, Inc., (the Organization), a nonprofit corporation, is organized to provide family counseling and senior citizen services in the San Gabriel Valley. Support for the ongoing needs of the Organization is obtained through various fundraising efforts and governmental grants. SIGNIFICANT ACCOUNTING POLICIES INCOME AND SUPPORT RECOGNITION p p w accounting The financial statements of the Organization have been pre pa on the accrual Uas s of a��. u•,....g. All donations received are considered available for unrestricted use unless restricted by the donor. Restricted funds are recorded as revenue upon receipt. Restricted donations received and expended during the year are recorded as unrestricted revenues. Non -cash contributions received (gifts -in -kind) are recorded at fair market value when the contributions are significant in amount and when there is a reasonable basis for valuation. BASIS OF ACCOUNTING - rn n rrr;;nce with the AICPA's Audit and Accounting The financial statements have been prepared ; ��• Guide for Nonprofit Organizations. As a result, all resources are classified into funds according to their nature and purpose. The assets, liabilities, and net assets of the Organization are reported in the following three classifications: Unrestricted includes funds which are expendable for the support of the Organization's operations. Temporarily restricted includes funds which donors have restricted for specific purposes, or for use according to specific timetables, or both. Permanently restricted represents funds that are subject to restrictions set forth in gift instruments requiring that principal and capital gains be invested in perpetuity and income be expended for unrestricted operating purposes. As of June 30, 2007, temporarily restricted net assets consisted of donations for an after - school family program. There were no permanently restricted funds. ESTIMATES The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires that management make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. CONCENTRATION OF RISK 50 in excess of federal insurance limits on deposit at At June 30, 2007, the Organization had $63,1 two financial institutions. N SANTA ANNTA FAMILY SERVICE, INC. NOTES TO FINANCIAL STATEMENTS (continued) JUNE 30, 2.007 SIGNIFICANT ACCOUNTING POLICIES (continued) INVESTMENTS Investments in equity securities with readily determinable fair market values are reported at fair market value. Investments in mutual funds are carried at fair market value. Donated investments are recorded at market value on the date received, and thereafter, are carried in accordance with the above provisions. ALLOWANCE FOR DOUBTFUL ACCOUNTS _^ ^^ The Organization has not recorded an allowance for doubtful accounts because, based or, management's experience, uncollectible receivables have been immaterial. PROPERTY, PLANT AND EQUIPMENT Property, plant and equipment are reported at cost. Depreciation is recorded on a straight -line basis over estimated useful lives of 3 to 39 years. Maintenance and repairs are charged against revenue in the year expenses are incurred, and renewals and betterments are capitalized. INCOME TAXES The Organization operates as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code and is exempt from federal and state income taxes. Management believes that the Organization shall continue to be exempt. JOINT COST ALLOCATION The Organization incurs costs that are shared by program services, management and general, and fundraising activities. The amount allocated to each area depends upon the purpose, audience, and content of each medium used. PROPERTY PLANT AND EQUIPMENT At June 30, 2007, property, plant and equipment included: Depreciation and amortization expense for the year ended June 30, 2007 was $28,665. -7- $ 314,050 Land 551,542 Building 23,089 Leasehold improvements 98,311 Furniture and equipment - 986,992 Less accumulated depreciation and amortization (310,925) $ 676,067 Depreciation and amortization expense for the year ended June 30, 2007 was $28,665. -7- SANTA ANITA FAMILY SERVICE, INC. NOTES TO FINANCIAL STATEMENTS (continued) JUNE 30, 2007 PROPERTY, PLANT AND EQUIPMENT (continued) In addition to its own fixed assets, the Organization has the use of $133,588 of fixed assets owned by governmental entities, including furniture and fixtures and computers and equipment. These assets were expensed in the applicable contract year. LINE OF CREDIT The Organization has a revolving line of credit with Citizens Business Bank. At June 30, 2007, there was no outstanding balance. Interest is incurred at Citizens Business Banks prime rate pies 2 %. NOTE PAYABLE Current Long -term Total Citizens Business Bank, secured by Deed of Trust on property located at 603, 605 and 607 South Myrtle Avenue, Monrovia, CA; monthly payments of $3,460 include principal and interest; bearing interest at a rate of 2.75% above the banks prime rate of interest; maturing September 2017 $ 10,411 $ 405,353 $ 415,764 At June 30, 2007, future maturities are as follows: 2008 $ 10,411 14,724 20.09 15, 749 2010 2011 18,019 2012 340,015 Thereafter $ 415,764 Interest expense for the year ended June 30, 2007 was $32,681. PENSION PLAN The Organization has established a tax - deferred annuity plan for qualified participants. Contributions to the plan are non - forfeitable. The plan f non-matching, ir salary to the Aland compensation arrangement whereby only the employees contribute a portion _8- , SANTA ANITA FAMILY SERVICE, INC. NOTES TO FINANCIAL STATEMENTS (continued) JUNE 30, 2007 LEASE COMMITMENTS The Organization leases office space in El Monte, Pomona tend So Gabriel, California ough August 2011. $13,821 per month. The lease term for these properties The Organization also leases a photocopier under a noncancellable operating lease at a rate of $974 per month. At June 30, 2007, future minimum payments are as follows: Rent and lease expense for the year ended June 30, 2007 was $94,649. RELATED PARTY TRANSACTIONS The Organization purchases office supplies from a company that employs the husband of a staff member. Supplies costing $10,367 were purchased from this company during the year ended June 30, 2007. Two directors of the Organization rent office space from the Organization for personal use. Each officer pays the Organization rent at a rate of $94 per month. GIFTS- IN- KIND _. The Organization has the use of offices in San Gabriel, Baldwin Park, and Azusa, California, rent free. In two of the three offices, the free rent and servicesreception f or the year nded services, free of 2007 as approximate value of $40,474. -9- �, $ 170,927 2008 109,424 2009 79,008 2010 79,008 2011 15,116 2012 $ 453,483 Rent and lease expense for the year ended June 30, 2007 was $94,649. RELATED PARTY TRANSACTIONS The Organization purchases office supplies from a company that employs the husband of a staff member. Supplies costing $10,367 were purchased from this company during the year ended June 30, 2007. Two directors of the Organization rent office space from the Organization for personal use. Each officer pays the Organization rent at a rate of $94 per month. GIFTS- IN- KIND _. The Organization has the use of offices in San Gabriel, Baldwin Park, and Azusa, California, rent free. In two of the three offices, the free rent and servicesreception f or the year nded services, free of 2007 as approximate value of $40,474. -9- �, SUPPLEMENTARY INFORMATION L h W LL Z ry- W D C h�J W ry _Z W CD n QW O Z h U 1- Z O U O1 Of Z © C) W LL U 69 N co G) 0."7 Q (O m d' LO cl O O LC) Lo N N S Q O CO O O Ll_ 000 (p r W cYT d' W U LL o 07 LO Z O N LLI W o co U W -, � I,• O O C D LO C Q r Ewa r a L W N Q J h Q O Q W >-- 1— Q :D W Q F- 0 Q U O a Un cn 11 n 69 N co G) 0."7 Q (O m d' LO cl O O LC) Lo N N � O CO O O i s 000 (p r d" O cYT d' O M LO co r- O 07 LO O CS) 1` -, N I,• O O N LO O d r r- r 0 �' N N O (y') r LO 00 LO 00 69 N co G) 0."7 Q (O m d' LO cl O O LC) Lo N LO m O LO 00 LO 00 co CO co C•7 (•7 O CD CD � (O N O O O co m (Y) co CO LO LO r N r N c'7 co C`') O o 0 -° 4°' r �— �' 0 0 0 0 0 O Y O cl, 0? r 0 ti LO U s Z = 0 c ca m O tl C O X -o 00 L") C1 N Lv d LC7 O LT �) OT LC) m LO E E 'T O O O m O) O� C) co M 41 L CY) co CST co CST CST O cy7 cr) cf) rn o� Cn Cn }, CA U o rn M T) �,- O_ O N E - - -0 -. .. -�- <- E o U cz Q- V cn a) i rn (Oj Q = O Cn O Z � (L O Cu > U O O - c cn a) Y o O Ui L O 0 c c4 O c U O > O O Q c u) U> cu O E O a U N Cn cts U) O U ` •C) O U a) c U N E Q) a) `� O a O J a) a) L Ca U o O t aS a) (L) Q N U W i CTS o cm to (1) U) °) �_ Q a m (moo L Q °� ° �' a t X- a. 3 (III a) m� m m -� o � N O N Q U OD :2 CY3 W CYJ �Qdoa < d Q °T ti D- N O�U m Q cc Cu N N d U) (z Cn J v LL c c O U Q J Q w C) W r U LL o Z 0 N LLI W o U �w Lti � � z 0 r) Iwo °- z Q W W UL LL rr FQ- O W w >- Q _ D F- < w <zLUO U7u)LL (i a � Z FF— W LL Z W 2 W 0 W z n 0 W C U C G F C F C C Lij 0 C3 LL Lwi.. 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GOEHl i ER KRISTIN CREIGHTON, CPA, 11-,, JAMEN WURM, CPA, M.S., Pa n IF ACCOUNTANCY REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS ACCORDANCE AUDIT OF. FORMED IN ACC AUDITING STANDARDS ARDS To the Governing Board Santa Anita Family Service, Inc. Monrovia, California We have audited the financial statements of Santa Anita Family Service, Inc. as of and for the year ended June 30, 2007, and have issued our report dated DnO conducted our audit in accordance with 'U.S. ryQ�r�v accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered Santa Anita Family Service, Inc.'s internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Santa Anita Family Service, Inc.'s internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Santa Anita Family Service, Inc.'s internal control over financial reporting. A control deficiency exists when the design or operation of e control ns, to not revent. � d tecment or employees, in the nor :; gal course of performing their assigned functions, misstatements on a timely basis. A significant deficiency is a control deficiency, or combination E of control deficiencies, that adversely affects the organization's ability ally initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles, such that there is more than a remote likelihood that a misstatement of the organization's financial statements that is more than inconsequential will not be prevented or detected by the organization's internal control A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the organization's internal control. Our consideration of internal control over financial . epoti reporting limited u pose des t control d in the first paragraph of this section and would not n Y identify all i that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in P+ one internal control over financial reporting that we consider to be material weaknesses, as defined above. 626.449.6321 Compliance and Other Matters As part of obtaining reasonable assurance about whether Santa Anita Family Service, Inc.'s financial 626.449.7091 statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, Too Free providing an opinion on compliance with those provisions was not an objective of our audit and; 877.449.6321 accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing goehnercpas.com Standards. 251 S. Lake Avenue -12- Suite 190 Pasadena, CA 91101 This report is intended solely for the information of the Governing Board, finance committee, management, and federal han these specified parties entities and is not intended to be and should not be used by any one other t December 31, 2007 Pasadena, California -13- GOEHTNIIER ACCOUNTANCY REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR ON ACCORDANCE WITH OMB CIRCULARA13 N 3 To the Governing Board Santa Anita Family Service, Inc. Monrovia, California k CER'[I:PIED PUBLIC ACCOUN "CANTS KRISTIN CREIGHTON, CPA, Partner JAMEN WUP-M, CPA, M.S_, PM111` OVER COMPLIANCE Compliance We have audited the compliance of Santa Anita Family Service, Inc. with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A -133 Compliance Supplement that are applicable to each of its mayor federal programs for the year ended June 30, 2007. Santa Anita Family Service, Inc.'s major federal programs are identified in the summary of audit results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of Santa Anita Family Service, Inc.'s management. Our responsibility is to express an opinion on Santa Anita Family Service, Inc.'s compliance based on our audit. We conducted our audit of compliance in accordance with the U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations. Those standards and OMB Circular A -133 require that we plan and perform the audit to obtain reasonable assurance about r ..v.t? -- noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about Santa Anita Family Service, Inc.'s compliance with those requirements and performing other procedures, as we considered necessary in the circumstances. We believe that our audit provides a - - reasonable basis - for -our_. opinion._ Our audit does not provide a legal determination on Santa Anita Family Service, Inc.'s compliance with those requirements. - - In our opinion, Santa Anita Family Service, Inc. complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended June 30, 2007. Internal Control over Com lip ance The management of Santa Anita Family Service, Inc. is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered Santa Anita Family Service, Inc.'s internal control over compliance with the requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of Santa Anita Family Service, Inc.'s internal control over compliance. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect -14- Ph 626.449.6321 626.449.7091 877.449.6321 goehnercpas.com 251 S. Lake Avenue Suite 190 Pasadena, CA 91101 misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the organization's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles, such that there is more than a remote likelihood that a misstatement of the organization's financial statements that is more than inconsequential will not be prevented or detected by the organization's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement. of the financial statements will not be prevented or detected by the organization's internal control. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. This report is intended solely for the information of the Governing Board, finance committee, management, and federal awarding agencies and pass - through entities and is not intended to be and should not be used by anyone other than these specified par t iec December 31, 2007 Pasadena, California -15- SANTA ANITA FAMILY SERVICE, INC. SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED JUNE 30, 2007 A. SUMMARY OF AUDIT RESULTS 1. The independent auditors' report expresses an unqualified opinion on the financial statements of Santa Anita Family Service, Inc., (the Organization). 2. No material weaknesses relating to the audit of the financial statements are reported in the Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 3. No instances of noncompliance material to the financial statements of the Organization were disclosed during the audit. 4. No material weaknesses relating to the audit of the major federal award programs are reported in the Independent Auditors' Report on Compliance with requirements applicable to each major program and on Internal Control over Compliance in accordance with the OMB Circular A -133. 5. The Auditors' Report on Compliance for the major federal award programs for the Organization expresses an unqualified opinion. 6. The programs tested as major programs included: Los Angeles County Department of Community and Senior Services, Older Age American (Nutrition), CFDA No. 93.044, 93.051, and 93.052 Los Angeles County Department of Com,,,unity and Senior Services, Integrated Care Management, CFDA No. 93.044 and 93.052 7. The threshold for distinguishing Types A and B programs was $300,000. ' The Organization- was _notdetermined to be_a.low -risk auditee.- B. FINDINGS - FINANCIAL STATEMENT AUDIT None C. FINDINGS AND QUESTIONED COSTS - MAJOR FEDERAL AWARD PROGRAM AUDIT None -16- INLAND VALLEY JUSTICE CENTER 1) APPLICATION CHECKLIST ORGANIZATION Lj I (I L Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496.. APPLICATION FORM 2. f BUDGET PROPOSAL (ATTACHMENT A) 3. BOARD OF DIRECTORS AFFIDAVIT 4. ORGANIZATION BY-LAWS 5. J CHARTER OF ARTICLES OF INCORPORATION 6. L/ IRS TAX EXEMPT STATEMENT 7. L/' MOST RECENT AUDITED FINANCIAL STATEMENT 8. PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 18,.,2008. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 LATE APPLICATIONS WILL NOT BE ACCEPTED. APPLICATIONS THAT HAVE BEEN ALTERED FROM ITS ORGINAL FORMAT WILL ALSO NOT BE ACCEPTED. FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2009-2010 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: hi la V aMp )C,4,s- e V Aqencv Address: A �e- N67mber Street t city Zip Code Street ulty Zip Code Project Manager: fTzIdYl-itle: Project Manager's TeIephonea0?M/--y/910 Fa Describe Agency's overall function providing this service. (if more sheet). I / " -- I - or purpose. Include history and experience in room is needed, please attach an additional -01 Has the Agency previously received funding from the City of Baldwin Park? Yes (if yes, number of years_) X No M N PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $ .11 5, Scope of Services - Please briefly describe your proposed Project/Program and +I,- nkinr-flx/,ncz Beneficiaries - Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly disa bled, handicapped, 9tc.) if"Ap 7A, V, L la, La-1- f 1��V]Zn �IA pray f CIA. I -_5 �46/ client population. �/ NeV11L Describe any special characteristics of your Increase in Funding Request - if your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). 4z CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 7 regarding Presumed Benefits. Does your agency obtain this information? Yes No If yes, does your intake sheet and supporting documentation obtain the following: Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: J'Xm A Printed N Signature 1v Title Name Yes_ No 2. Address Yes No 3. City in which client last resided. Yes- No 4. Number of family members. Yes No 5. Total family (household) income. Yes No 6. Ethnicity Yes No 7. Female head of household Yes No 'X Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: J'Xm A Printed N Signature 1v Title Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children • Battered spouses • Elderly persons ■ Illiterate persons • Persons with acquired immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons • Homeless persons ■ Migrant farm workers Which further describes the activity you are proposing? A) The project will benefit a presumed benefit* clientele as defined by HUD. B) The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible-income persons. 5 I In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. I 0) 0 fn L CL 0 L- CL C) 04 c 2,2 C) a) C14 -0 L-CO -@ M C) CL C13 0 0 co Q. CD C) C%4 0� c) C) 04 L) W CL L) CL LL Ile' U) :t 4- w c m — 0 W V) n co o CL X- E r_ ou 10 0 U O W ca 0 m CD) . . . . LO . to . r,� ca N cl i 0 Ul CIO 0 CL 0 w CL 0 Up C) to >1 :t C) as LL(n 0 AN C) C14 cC (3) CL o 0 a) C%4 Co 0 � C) C) 0 04 F- U) O U) C: (D U) cm E (D Q) U) Q) CL m -0 X U) > m E CL - to -a co C: C: Q) ca X a Ul m -a (D Q - Cl) C: a) a) 0 rK m C: cz 0 0 Q. L- .s 0 0 0 E c 0 c q 0 13- Q) L- m (D (D m 0- U) 0 c D :3 -0 — = 0 M 0 U) U) :3 0 0 0 W 75; 0 C) c 0 F- 0 Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. 21 Name of Executive Director V; Please provide the actual number of your total clients to date and the RE2i2cted data for the upcoming fiscal year. Please complete this table regardless if you receive / r-% n t- LjBG, funding I unding for this current year Actual 07/1/08 TO Current Projected 6-7—/01/09 TO 06/30/10 FBALDWiN PARK RESIDENTS NON-BALDWIN PARK RESIDENTS k CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start -up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally, shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. AGENCY CERTICATION As the Executive Director, or duly authorized representative of I certify that the -nn,,plir-vAnt is fully capable of fulfilling its obligation (Agency), under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. i certify and declare under penalty of perjury that the information provided in this application is true and correct. Print Nme SignfatuM Phone Number e-ei i!) Title of Officer Date November 25, 2008 Inland Valley Justice Center Fernando Meza 300 S. Park Ave. Suite 780 Pomona, CA 91766 Dear Fernando Meza: On behalf of the City of Baldwin Park, I am pleased to inform you that we are now accepting application for fiscal year 2009 -2010 CDBG Funds. Please complete the attached application and return to: City of Baldwin Park Community Development Dept. 14403 E. Pacific Avenue Baldwin Park, CA 91706. The deadline for submitting the completed application is 5:00 p.m., Thursday, December 18th, 2008. Postmarked and late applications will not be accepted. Agencies who submit a complete application by the due date are invited to present their proposal to the CDBG Advisory Committee on January 8, 2008. (Time to be confirmed at a later time) If you have any questions, please contact me at (626) 960 -4011 ext. 354. Sincerely, lvli ellef ravo Administrative Clerk II CITY OF BALDWIN PARK , 14403 EAST PACIFIC AVENUE , BALDWIN PARK , CA ° 91706 ° (626) 960 -4011 FAX (626) 967 -2625 thus making them an excellent choice to assist in preparing legal documents, and provide affordable and quality legal document services to consumers who wish to represent themselves (in pro per) in court proceedings. LDA cannot give legal advice, but they can provide legal document preparation services to consumers, assist with the completion of legal documents as specifically by the litigant, with the information provided by the litigant we prepare all the necessary forms and file them with the courts. Also, give general published information written or approved by an attorney, file and serve legal forms and documents. LDA's CANNOT represent litigants in court or in the selection of forms. In other words, a LDA is there to assist the "self- help" litigants handle their own legal matters without the high cost of attorneys. Since January 1, 2000, Senate Bill 1418 authorizes non - lawyers called LDA to prepare legal documents for people doing their own legal tasks. Our services are available to all individuals who contact our office and are low -cost, helping to make a significant contribution to low- medium income legal service availability. A wide range of knowledge and many years of experience allow our team to provide invaluabie legal and business assistance in numerous areas of law. At the Inland Valley Justice Center we provide LDA from many types of legal forms including: Evictions, Landlord/Tenant, Family Law, Legal Separation, Dissolution of Marriage (Divorce), Child Custody, Visitations and Support, Child Support Calculations, Wage Garnishment, QDRO (Pensions), Paternity(Establishing Parentage),Name Change, Order to Show Cause, Material Settlement Agreements, Debt Relief (Summons), Judgment or Enforcement of Judgment, Petition and Order for Expungements, Power of Attorney, Quitclaim Deeds, Civil Harassment. The Inland Valley Justice Center is applying for this community grant with the goal of improving quality of life by helping families, and the community by creating a harmonious environment. LDA provides awareness and involves the litigants in the process of completing their own case. We believe that everyone should have equal access to the justice system, regardless of income. We are committed to understand the needs of our clientele, building relationships that foster trust, as well as providing an invaluable service to the community. Legal Document Assistant provides not only resolution to conflict, but an improve awareness of the importance of communication and stability and therefore of improved functioning skills, thus increasing quality of life. By creating amicable bonds and increased stability within families, neighborhoods and communities, one's living environment is enhanced. Inland Valley Justice Center is dedicated to meeting the growing need for affordable legal services within the community by providing courteous, professional, and experienced assistance to those representing themselves in court proceedings. We fill the void between hiring a costly attorney and fumbling your way through confusing "do- it- yourself' processes. In California, it is not necessary to be represented by an attorney in order to be granted a case. What is necessary is to file the correct forms with the court. However, many people do not have the time, or the inclination to deal with the red tape and frustration on their own, this is where Inland Valley Justice Center can provide its services. Inland Valley Justice Center serves customers who cannot afford the high cost of attorney fees. The non- profit organization offers more than 50 common legal documents, including divorce. The Inland Valley Justice Center has been in existence for ten years, developing new and unique programs to provide additional dispute resolution services to the community. 'We continue to try to reach out to the community and help those who would benefit from our affordable services. In our short history, we have made a huge impact on the communities of Los Angeles and San Bernardino Counties. x NLAND ALLEYS USTICE ENTER INLAND VALLEYS JUSTICE CENTER BOARD OF DIRECTORS Board President: Debra Self Vice President Ch Board Secretary John Juarez Date 2, n Date *vg 300 S. Park Avenue Suite 780 Pomona, CA 91766 (909) 397 -5780 FAX (909) 622 -1650 www,IVJC.org P] P3, SECRETARY OF STATE CORPORATION DIVISION 1, BILL JONES, Secretary of State of the State, of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to De- a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this FEB 2 8 1996 Secretary of State L 'A'72386 FLED Iii the office of the Secretary of state of the stale of califnrnia RESTATED ARTICLES OF INCORPORATION FEB 2 6 1996 Hurs chell Don Christian and Joseph C. Tambe certify that: C(LL s�fi {ES, �e e ry ofi St 1. They are the president and the secretary, respectively, of INLAND VALLEYS JUSTICE CENTER, INC., a California Corporation. 2. The articles of incorporation of this corporation are amended and restated to read as follows: I The name of this corporation is LNLAND. VALLEYS JUSTICE CENTER, INC. II This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. Notwithstanding any other provision of these articles, this corporation shri not, except to an M 1' DS"3 -UUC l degree, engage m any aC _` yes or exercise any powers that are not in furtherance of the purposes of this corporation, and the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. 11 The name and address in the State of California of this corporation's initial agent for service of process is: J. Tambe 20303 E. Halt Avenue Covina, CA 91724 ti 0 IV No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, except as provided in Section 501(h) of the Internal Revenue Code of 1986, and this corporation shall not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. V The property of this corporation is irrevocably dedicated to charitable purposes and no part Uie t arcnts o . L it nornnr. 11 a,ux- tyniLLre tG the benefit dirP.Ctt}i of �iiv net IIICGiuC' or cw��..w v�. u.u� �.vi�via.t'i.Gn shau ., ,,..T.lef?t of any officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code. 3. The foregoing amendment and restatement of articles of in has been duly approved by the board of directors. This corporation has no members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. Date: 2l2zi Hurschell Don-rl stian, President 7o ep Q_Tambe, Secretary 1 2 9 for the regulation, except as otherwise provided by statute or its Articles of Incorporation, of INLAND VALLEYS JUSTICE CENTER, INC. a California nonprofit public benefit corporation A1?T'TCT V T nTT{'Tf'VQ L "11. 1,11t.l jl l'♦ 1♦ 1J1111�1J Section 1. Principal Office. The corporation's principal office shall be fixed and located at such place as the Board of Directors (herein called the "Board ") shall determine. The Board is granted full power and authority to change said principal office -om one location to another. Section 2. Other Offices. Branch or subordinate offices may be established at any time by the Board at any place or places. ARTICLE II. MEMBERSHIP Section 1. Members. The corporation shat have no members. Any action which would oL- ZiW�ise require approval by a ivajority of ali -nmbers or approval by the meL m, 110 shalll require only approval of the Board. All rights which would otherwise vest in the members shall vest in the directors. Section 2. Associates. Nothing in this Article H shall be construed as limiting the right of the corporation to. refer to persons associated with it as "members" even though such persons are not members, and no such reference shall constitute anyone a member, within the meaning of Section 5056 of the California Nonprofit Corporation Law. The corporation may confer by amendment of its Ar'ucles or of these Bylaws some or all of the rights of a member, as set forth in the California Nonprofit Corporation Law, upon any person or persons who do not have the right to vote for the election of directors or on a disposition of substantially all of the assets of the corporation or on a merger or on a dissolution or on changes to the corporation's Articles or Bylaws, but no such person shall be a member within the meaning of said Section 5056. ARTICLE III. DIRECTORS Section 1. Powers. Subject to the provisions and limitations of the California Nonprofit Public Benefit Law and any other applicable laws, and subject to any limitations of the Articles and these Bylaws, the activities and affairs of the corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board. The Board may delegate the management of the activities of the corporation to any persons, a management company, or committees however composed, provided that the K activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Board shO have the following powers in addition to the other powers enumerated in these Bylaws: (a) To select and remove all the other officers, agents, and employees of the corporation; prescribe powers and duties for them as may not be inconsistent with law, the Articles, or these Bylaws; fixx their compensation; and require from them security for faithful service. (b) To conduct, manage, and control the affairs and activities of the corporation and to make such rules and regulations therefor not inconsistent with law, the Articles, or these Bylaws, as they may deem best. (c) To adopt, make, and use a corporate seal and to alter the form of such seal from time to time as they may deem best. (d) To borrow money and incur indebtedness for the purposes of the corporation, and to cause to be executed and delivered therefor, in the corporate name, promissory notes, Uonds, debentures, deeds of trust li1ortgages, pledges, hypothecations, or other evidences of debt and securities therefor. (e) To carry on activities fora profit consistent with federal state and local laws and revelations applicable to non- profit Public benefit corporations, and apply any profit that results from the business activity to any activity in which it may lawfully engage. Section 2. Standards of Conduct. The directors of the corporation are hereby bound by the standards of conduct specified in the California Nonprofit Corporation Law and are hereby bound to perform their duties in good faith and for the best interest of the corporation. Specifically, each director shall perform the duties of director, including duties as a member of any committee of the Board upon which the director may serve, in good faith, in a manner which such director believes to be in the best interest of the corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. in performing the duties of a director, each director shall be entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by: (a) One or more officers or employees of the corporation whom the director believes to be reliable and competent in the matters presented; (b) Counsel, independent accountants, or other persons as to matters which the director believes to be within such person's professional or expert competence; or (c) A committee of the Board upon which the director does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, all so long as, in any such case, the director acts in good faith, after reasonable inquiry, when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. Except as may be allowed by law, all directors are prohibited from participating in any transaction which would constitute a "self-dealing transaction" as that term is defined in the California Nonprofit Corporation Law. Section. 3. Number of Directors. The Board of Directors shall consist of at least two (2), but no more than five (5) directors until changed by amendment of the Articles or by a Bylaw. Section 4. Restriction on Interested Persons as Directors. No more than 49 percent of the persons serving or the hnard mr ay be interested persons. An interested person is (a) any person compensated by the corporation for services rendered to it within the previous 12 months, whether as a full -time or part -time employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a director as director; and (b) any brother, sister, ancestor, descendant, spouse, brother -in -law, sister -in -law, son -in -law, daughter -in -law, mother -in -law, or father -in -law of such person. However., any violation of the provisions of th s paragraph shall not affect the. validity or enforceability of any transaction entered into by the corporation. Section 5, Election and Term of Office. Directors shall be elected at each annual meeting of the Board. Each director sha�1 serve until the next annual meeting of the Board and until a successor has been elected and qualified. Section 6. Vacancies. Any director may resign effective upon giving written notice to the Chairman of the Board, the President, the Secretary, or the Board, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be elected before such time, to take office when the resignation becomes effective. Except on notice to the Attorney General of California, no director may resign if the corporation would be left without a duly elected director. Vacancies in the Board may be filled by a majority of the remaining directors, although less than a quorum, or by a sole remaining director. Each director so elected shall hold office until the expiration of the term of the replaced director and until'a successor has been elected and qualified. A vacancy or vacancies in the Board shall be deemed to exist in case of the death, resignation, or removal of any director, or if the authorized number of directors is increased. The Board may declare vacant the office of a director who has been declared of unsound mind by a final order of court, convicted of a felony, or been found by a final order 3 or judgment of any court to have breached any duty arising under Sections 5230 -5239 of the California Nonprofit Public Benefit Corporation Law. No reduction of the authorized number of directors shall have the effect of removing any director prior to the expiration of the director's term of office. Section 7. Place of Meetintr. Meetings of the Board shall be held at any place within or without the State of California which has been designated from time to time by the Board. In the absence of such designation, regular meetings shall be held at the principal office of the corporation. Section 8. Annual Meetings. The Board shall hold an annum the meeting for w purpose of organization, election of directors and officers, and the transaction of other business. Section 9. Regular Meetings. Regular meetings of the Board shall be held without call or notice on such dates and at such times as may be fixed by the Board. Section 10. Special Meetings. Special meetings of the Board for any purpose or purposes may be called at any time by the Chairman of the Board, the President; any Vice President, the Secretary, or any two directors. Special meetings of the Board shall be held upon four (4) days' notice by first -class nail or forty -eight (48) hours' notice given personally or by telephone, telegraph, telex or other similar means of communication. Any such notice shall be addressed or delivered to each director at such director's address as it is shown upon the records of the corporation or as may have been given to the corporation by the director for purposes of notice or, if such address is not shown on such records or is not readily ascertainable, at the place in which the meetings of the directors are regularly held. Notice`by mail shall be deemed to have been given at the tune a written notice is deposited in the United States mails, postage prepaid. Any other written notice shall be deemed to have been given at the time it is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by the person giving the notice by electronic means to the recipient. Oral notice shall be deemed to have been given at the time it is communicated, in person or by telephone or wireless, to the recipient or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the receiver. Section 11. uor-u . A majority of the acting directors shall constitute a quorum of the Board for the transaction of business except to adjourn as provided in Section 14 of this Article III. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board, unless a greater number is required by law or by the Articles, except as provided in 4 M the next sentence. A meeting at which a quorum is initially present may continue to transact business not withstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for such meting. Section 12. Participation in Meetings by Conference Telephone. Members of the Board may participate in a meeting through use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Section 13. Waiver of Notice. Notice of a meeting need not be given to any director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such director. All such waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Section 14. Adjournment. A majority of the directors present, whether or not a quorum is present, may adjourn any directors' meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given to absent directors if the ti ie and place is fixed at the ueeti— adjourned, except as provided in the next sentence. If the meeting is adjourned for more than 24 hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Section 15. Action Without Meeting. Any action required or permitted to be taken by the Board may be taken without a meeting if all members of the Board, other than those directors considered to be "interested directors" as defined in Section 5233 of the California Nonprofit Corporation Law, shall individually or collectively consent in writing to such action. Such consent or consents shall have the same effect as a unanimous vote of the Board and shall be filed with the minutes of the proceedings of the Board. Section 16. Rights of Inspection. Every director shall have the absolute right at any reasonable time to inspect and copy all books, records, and documents of every kind and to inspect the physical properties of the corporation of which such person is a director. Section 17. Committees. The Board may appoint one or more committees, each consisting of two or more directors, and delegate to such committees any of the authority of the Board except with respect to: (a) The approval of any action for which the California Nonprofit Public Benefit Corporation Law also requires approval of the members of approval of a majority of all members; (b) The filling of vacancies on the Board or in any committee; 5 M (c) The fixing of compensation of the directors for serving on the Board or on any committee; (d) The amendment or repeal of bylaws or the adoption of the new bylaws; (e) TTh-- amendment or repeal of any resolution of the Board which by its express terms is not so amendable or repealable; (f) The appointment of other committees of the Board or the members thereof; (g) The expenditure of corporate funds to support a nominee for director after there are more people nominated for director than can be elected; or (h) With respect to any assets held in charitable trust,. the approval of any self- dealing transaction. Any such committee must be created, and the members thereof appointed, by resolution adopted by a majority of directors then in office, provided a quorum is present. The Board may appoint, in the same manner, alternate members of any committee who may replace any absent member at any meeting of the committee. The Board shall have the power to prescribe the manner in which proceedings of any such committee shall be conducted. In the absence of any such prescription, such committee shall have the power to prescribe the manger in which its proceedings shall be conducted. Unless the Board or such committee shall otherwise provide, the regular and special meetings and other actions of any such committee shall be governed by the provisions of this Article III applicable to meetings and actions of the Board. Minutes shall be kept of each meeting of each committee. Section 18. Fees and Compensation. Directors and members of corr._mittees may receive such compensation, if any, for their services, and such reimbursement for expenses, as may be fixed or determined by the Board. ARTICLE IV, OFFICERS Section 1. Officers. The officers of the corporation shall be a President,'a "Secretary, and a Chief Financial Officer. The corporation may also have, at the discretion of the Board, a Chairman of the Board, one or more Vice Presidents, one or more Assistant Secretaries, one or more Assistant Chief Financial Officers, and such other officers as may be elected or appointed in accordance with the provisions of Section 3 of this Article IV. Any number of offices may be held by the same person except as provided in the Articles or in these Bylaws. 6 Section 2. Election. The officers of the corporation, except such officers as may be elected or appointed in accordance with the provisions of Section 3 or Section 5 of this Article IV, shall be chosen annually by, and shall serve at the pleasure of, the Board, and shall hold their respective offices until their resignation, removal, or other disqualification from service, or until their respective successors shall be elected. Section 3. Subordinate Officers. The Board may elect, and may empower the President to appoint, such other officers as the business of the corporation may require, each of whom shall hold office for such period, have such authority, and perform such duties as are provided in these Bylaws or as the Board may from time to time determine. Section 4. Removal and Resignation. Any officer may be removed, either with or without cause, by the Board at any time or, except in the case of an officer chosen by the Board, by any officer upon whom such power of removal may be conferred by the Board. Any such removal shall be without prejudice to the rights, if any, of the officer under any contract of employment of the officer. Any officer may resign at any time by giving written notice to the corporation, but without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Sectinn S Varanriac 4 vacancy in anv office iSPCattCP o f Tesign, i0ri. on 1 � _ offs c _ _ f dear removal, disqualification, or any other cause shall be filled in the manner prescribed in these Bylaws for regular election or appointment to such office, provided that such vacancies shall be filled as they occur and not on an annual basis. Section b. Chairman of the Board. The Chairman of. the Board, if there is such an officer, shall, if the present, preside at all meetings of the Board and exercise and perform such other powers and duties as may be from time to time assigned by the Board. Section 7. President. Subject to such powers, if any, as may be given by the Board to the Chairman of the Board, if there is such an officer, the President is the general manager and chief executive officer of the corporation and has, subject to the control of the Board, general supervision, direction, and control of the business and officers of the corporation. In the absence of the Chairman of the Board, or if there is none, the President shall preside at all meetings of the Board. The President has the general powers and duties of management usually vested in the office of president and general_ manager of a corporation and such other powers and duties as may be prescribed by the Board. Section 8. Vice Presidents. In the absence or disability of the President, the Vice Presidents, if any are appointed, in order of their rank as fixed by the Board or, if not ranked, the Vice President designated by the Board, shall perform all the duties of the VA ErJ President and, when so acting, shall have all the powers of, and be subject to all the restrictions upon, the President. The Vice Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Boaz-d. Section 9. Secretary. The Secretary shall keep or cause to be kept, at the principal office or such other place as the Board may order, a book of minutes of all meetings of the Board and its committees, with the time and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Board and committee meetings, and the proceedings thereof. The Secretary shall keep, or cause to be kept, at the principal office in the State of California the original or a copy of the corporation's Articles and Bylaws, as amended to date. The Secretary shall give, or cause to be given, notice of all meetings of the Board and any committees thereof required by these Bylaws. or by law to be given, shall keep the seal of the corporation in safe custody, and shall have such other powers and perform such other duties as may be prescribed by the Board. Section 10. Chief Financial Officer. The Chief Financial Officer is the treasurer and chief financial officer of the corporation and shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the corporation. The books of account shall at all times be open to inspection by any director. The Chief Financial Officer shall deposit all monies and other valuables in the name and to the credit of the corporation with such depositaries as may be designated by the Board. The Chief Financial Officer shall disburse the funds of the corporation as may be ordered by the Board, shall render to the President and the directors whenever they request it, an account of all transactions as Chief Financial Officer and of the financial condition of the corporation, and shall have such other powers and perform such other duties as may be prescribed by the Board. ARTICLE V. INDEMNIFICATION Section 1. Definitions. For the purposes of this Article V, "agent" means any person who is or was a director, officer, employee, or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise, or was a director, officer, employee, or agent of a foreign or domestic corporation which was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation; "proceedin -' means any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative; and "expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Section 4 or 5(b) of this Article V. MI In Section 2. Indemnification in Actions by Third Parties. The corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding (other than an action by or in the right of the corporation to procure a judgment in its favor, an action brought under Section 5233 of the California Nonprofit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust), by reason of the fact that such person is or was an agent of the corporation, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such Person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding,'had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment order, settlement, conviction, or upon a plea of nolo contenders or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the corporation or that the person had reasonable cause to believe that the person's conduct was unlawful. Section 3. Indemnification in Actions by or in the Right of the Comoration. The corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action by or in the right of the corporation, or brought under Section 5233 of the California Nonprofit Corporation Law, or brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the corporation, against expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith, in a rnanner such person believed to be in the best interests of the corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under,this Section 3: (a) In respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable to the corporation in the performance of such person's duty to the corporation, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for the expenses which such court shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or (c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General. C M Section 4. Indemnification Against Expenses. To the extent that an agent of the corporation has been successful on the merits in defense of any proceeding referred to in Section 2 or 3 of this Article V or in defense of any claim, issue, or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. Section 5. Reouired Determinations. Except as provided in Section 4 of this Article V, any indemnification under this Article V shall be made by the corporation only if authorized in the specific case, upon a determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 2 or 3 of this Article V, by: (a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or (b) The court in which such proceeding is or was pending upon application made by the corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney, or other person is opposed by the corporation. Section 6. Advance of Expenses. Expenses incurred in defending any proceeding may be advanced by the corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitle to be indemnified as authorized in this Article V. Section 7. Other Indemnification. No provision made by the corporation to indemnify its or its subsidiary's directors or officers for the defense of any proceeding, whether contained in the Articles, Bylaws, a resolution of members or directors, an agreement, or otherwise, shall be valid unless consistent with this Article V. Nothing contained in this Article V shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise. Section 8. Forms of Indemnification Not Permitted. No indemnification or. advance shall be wade under this Article V, except as provided in Section 4 or 5(b), in any circumstances where it appears: (a) That it would be inconsistent with a provision of the Articles, these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or other amounts were paid, which prohibits or otherwise limits indemnification; or (b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement. 10 Section 9, Insurance. The corporation shall have power to purchase and maintain insurance on behalf of any agent of the corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the corporation would have the pourer to indemnify the agent against such liability under the provisions of this Article V. Section 10. NonaDplicabillty to Fiduciaries of Employee Benefit Plans. This Article V does not apply to any proceeding against any trustee, investment manager, or other fiduciary of an employee benefit plan in such person's capacity as such, even though such person may also be an agent of the corporation as defined in Section 1 of this Article V. The corporation shall have power to indemnify such trustee, investment manager, or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law. ARTICLE VI, OTHER PROVISIONS Section 1. Endorsement of Documents: Contracts. Subject to the provisions of applicable law, any note, mortgage, evidence of indebtedness, contract, conveyance, or other instrument �� in uniting and any assignment or endorsement thereof executed or entered into between the Co1Jordtloll and any other person, when signed by the Chairman of the Board, the President, or any Vice President, and the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Chief Financial Officer of the corporation shall be valid and binding on the corporation in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the same. any such instruments may be signed by any other person or persons and in such manner as from time to time shall be determined by the Board, and, unless so authorized by the Board, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or amount. Section 2. Representation of Shares of Other Corporations. The President or any other officer of officers authorized by the Board or the President are each authorized 'to vote, represent, and exercise on behalf of the corporation all rights incident to any and all shares of any other corporation or corporations standing in the name of the corporation. The authority herein granted may be exercised either by any such officer in person or by any other person authorized so to do by proxy or power of attorney duly executed by said officer. Section 3. Construction and Definitions. Unless the context otherwise requires, the general provisions, rules of construction, and definitions contained in the General Provisions of the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Section 4. Ar-nendments. These Bylaws may be amended or repealed by the approval of the Board except that Section 5 of Article III may not be amended to change the right of any person to designate without that person's written consent. 11 M Section 5, Annual Report. The board shall cause an annual report to be sent to the directors within 120 days after the end of the corporation's fiscal year. That report shall contain the following information, in appropriate detail, for the fiscal year: (1) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year. (2) The principal changes in assets and liabilities, including trust funds. (3) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes. (4) The expenses or disbursements of the corporation for both general and restricted purposes. (5) Any information required by Section 6 of this Article. The annual report shall be accompanied by any report on it of independent accountants or, if there is no such report, by the certificate of an authorized offer of the Corporation that such statements were prepared without audit from the corporation's books and records. This requirement of an annual report shall not apply if the corporation receives less than $25,000 in gross receipts during the fiscal year, provided, however, that the information specified above for inclusion in an annual report must be furnished annually to all directors who request it in writing. Section 6. Annual Statement of Certain Transactions and Indemnifications. As part of the annual report, or as a separate document if no annual report is issued, the corporation shall :annually furnish to each director a statement of any transaction or indemnification of the following kind within 120 days after the end of the corporation's fiscal year: (1) Any transaction (i) in which the corporation, its parent, or its subsidiary was a party, (ii) in which an "interested person" had a direct or indirect material financial- interest, and (iii) which involved more than $50,000, or was one of a number of transactions with the same interested person involving, in the agb egate, more than $50,000. For this purpose, an "interested person" is either of the following: (a) Any director or officer of the corporation, its parent, or subsidiary (but mere common directorship shall not be considered such an interest); or (b) Any holder of more than 10 percent of the voting power of the corporation, its parent, or its subsidiary. The statement shall include a brief description of the transaction, 12 «a the names of interested persons involved, their relationship to the corporation, the nature of their interest in the transaction anal, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person is a partner, only the interest of the partnership need be stated. (2) Any indemnifications or advances aggregating more than $10,000 paid during the fiscal year to any officer or director of the corporation under Article V of these bylaws, unless that indemnification has already been approved under Section 5238(e) of the California Corporations Code. 13 19 CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting Secretary of Inland Valleys Justice Center, Inc., a California nonprofit public benefit corporation, that the foregoing bylaws consisting of 13 pages, are the bylaws of this corporation as adopted by the board of directors on February 21, 1996, and that they have not been amended or modified since that date. Executed on February 21, 1996, at Covina, California. oseph C. Tambe, Secretary 9 J ACTION BY UNANIMOUS WRITTEN CONSENT OF BOARD OF DIRECTORS OF INLAND VALLEYS JUSTICE CENTER, INC. A California Nonprofit Public Benefit Corporation March 25, 2002 WHEREAS, it is deemed desirable and in the best interests of this corporation that the following actions be taken by the Directors of this corporation pursuant to this Unanimous Written Consent: NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 307(b) of the California General Corporation Law, the undersigned, being all of the Directors of this corporation, hereby consent to, approve and adopt the following: ELECTION OF DIRECTORS Section 3. of Article III of the Bylaws of this corporation authorizes between two (2) and five (5) directors, and that by prior resolution the Board of Directors has designated that there shall be three (3) directors until changed by further action of the Board of Directors 1 a t- ff- n, �' t E t +; �n T A h� C �T PIATT and S A 1\11 yr u`y' ailieriuihheni i ae r_iGie1 or -3ylTvs ofthis -orpo u _vi_. �_ x i� H. a CIANCHETTI are currently serving as directors of this corporation. It has been proposed that THOMAS F. NUSS serve as a director of this corporation. RESOLVED, that the following persons are elected as directors of this corporation to serve until their successors shall be duly elected or appointed, or until said persons resign, are removed froin office, or are otherwise disqualified from serving as a director of this corporation: JAMES H. PIAI'T SAM CIANCHETTI THOMAS F. NUSS 2, ELECTION OF OFFICERS The Bylaws of this corporation provide that the Board shall hold an annual meeting for the purpose of organization, election of directors and officers, and the transaction of other business. This Action By Unanimous Written Consent of Board of Directors is being taken by the directors in lieu of holding an annual meeting. RESOLVED, that the following persons are elected to the office(s) indicated next to their names to serve until their successor(s) shall be duly elected or appointed, unless such person(s) resigns, is removed from office or is otherwise disqualified from serving as an officer of this corporation, to take their respective offices) immediately upon such election: JAMES H. PIATT THOMAS F. MUSS SAM CIANCHETTI OFFICE PRESIDENT VICE PRESIDENT SECRETARY/ CHIEF FINANCIAL OFFICER 3, RATIFICATION OF ACTIONS OF OFFICERS The Board of Directors reviewed the activities of the corporation and the actions of the officers of this corporation since January 1, 2002. RESOLVED, that all actions, contracts and agreements done or executed by the officers of this corporation since January 1, 2002 are hereby ratified and approved in all respects. 4. OMNIBUS RESOLUTIONS RESOLVED, that the officers of this corporation be, and each individually is, hereby authorized. to do and perform any and all such acts, including execution of any and all documents and certificates, as said officers shall deem necessary or advisable, to carry out the purposes of the foregoing resolutions. RESOLVED FURTHER, that any actions taken by such officers prior to the date of the foregoing resolutions adopted hereby that are within the authority conferred thereby are hereby ratified, confirmed and approved as the acts and deeds of this corporation. This Unanimous Written Consent may be executed in one or more counterparts, each of which shall be an original and all of which together shall be one and the same instrument. This Unanimous Written Consent shall be filed in the Minute Book of this corporation and become a part of the records of this corporation. N Dated as of. March 25, 2002 .TAMES H. PIATT SAM CIANCHETTI THOMAS F. NUS S ACTION BY UNANIMOUS WRITTEN CONSENT OF BOARD OF DIRECTORS OF INLAND VALLEYS JUSTICE CENTER, INC. A California Nonprofit Public Benefit Corporation April 4, 2003 WHEREAS, it is deemed desirable and in the best interests of this corporation that the following actions be taken by the Directors of this corporation pursuant to this Unanimous Written Consent: NO`w, TFIEFEFORE, BE IT RESOLVED, that pursuant to Section 30?(b) of the California General Corporation Law, the undersigned, being all of the Directors of this corporation, hereby consent to, approve and adopt the following: ELECTION OF DIRECTORS Section 3. of Article III of the Bylaws of this corporation authorizes between two (2) and five (5) directors, and that by prior resolution the B oard of Directors has designated that there shall be three (3) directors until changed by further action of the Board of Directors or by amendment of the Articles or Bylaws of this corporation. RESOLVED, that the following persons are elected as directors of this corporation to serve until their successors shall be duly elected or appointed, or until said persons resign, are removed from office, or are otherwise disqualified from serving as a director of this corporation: JAMS S .H. PIA TT T' SAiVI CIANCHET" CI THOMAS F. NUSS 2. ELECTION OF OFFICERS The Bylaws of this corporation provide that the Board shall hold an annual meeting for the purpose of organization, election of directors and officers, and the transaction of other business. This Action By Unanimous Written Consent of Board of Directors is being taken by the directors in lieu of holding an annual meeting. RESOLVED, that the following persons are elected to the office(s) indicated next to their names to serve until their successor(s) shall be duly elected or appointed, unless such person(s) resigns, is removed from office or is otherwise disqualified from serving as an officer of this corporation, to take their respective offfice(s) immediately upon such election: NAME JAMES H. PIATT THOMAS F. NUSS !'I a ^ T A l� T!'iT T TT i 71T JHM C_IAINW x,1 11 OFFICE PRESIDENT VICE PRESIDENT FICE 3. RATIFICATION OF ACTIONS OF OFFICERS The Board of Directors reviewed the activities of the corporation and the actions of the officers of this corporation for the year ending December 31, 2002, including financial statements. The San Bernardino County contract was renewed effective July 1, 2002 and the corporation is a party to a contract with Los Angeles County. RESOLVED, that all actions, contracts and agreements done or executed by the +;^ ,a„r,�n tz,p N =ear ezidin717ecember 31, 2002 are hereby ratified officers of this corporation l 11 lll� �t1V , and approved in all respects. 4. NEW BUSINESS It has been proposed that the corporation consider hiring an executive director. It has been further proposed that the corporation submit a proposal to Los Angeles County for a $250 ,00.00 contractandrenewt ct d»rtnfrthe currentyear. RESOLVED, that the officers of this corporation are hereby authorized to hire an executive director, submit a new proposal to Los Angeles County and to renew the San B ernardino County contract, on such terms as the officers deem appropriate for the conduct of this corporation's business. S. OMNIBUS RESOLUTIONS RESOLVED, that the officers of this corporation be, and each individually is, hereby authorized to do and perform any and all such acts, including execution of any and all 2. documents and certificates, as said officers shall deem necessary or advisable, to carry out the purposes of the foregoing resolutions. RESOLVED FURTHER, that any actions taken by such officers prior to the date of the foregoing resolutions adopted hereby that are within the authority conferred thereby are hereby ratified, confirmed and approved as the acts and deeds of this corporation. This Unanimous Written Consent may be executed in one or more counterparts, each of which shall be an original and all of which together shall be one and the same instrument. This Unanimous Written Consent shall be filed in the Minute Book of this corporation and become a part of the records of this corporation. Dated as of: April 4, 2003 TT SAM CIANCHETTI 7/�� THOMAS F. NUSS APR 0 3 PEE! INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, Cln, 91755-7406 Employer Identification Number: Date:App 0 95-4499687 Case Number: 956064016 INLAND VALLEYS JUSTICE CENTER,INC Contact Person: 20303 E HOLT AVE. HUGH RAMIREZ COVINA, CA 91724 Contact Telephone Number: (213) .725-7002 Accounting Period Ending: December 31 Form 990 Required: Yes Addendum Applies: Yes Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3). We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in sections 509(a)(1) and 170 (b) (1) (A) (vi) . If your sources or support, or your purposes, character, or metn.od of .operation change, please let us know so we can consider the effect of the change an your exempt status and foundation status. in the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. As of J . anuary 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or moce you pay to each of your employees during a calendar year. You are not T.iable for the tax imposed,under the Federal. UnemployTr.-_nt Tax A, t (r=A) Since you are not :a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. if you have any questions about excise, employment, or other Federal taxes, please let us Grantors and contributors may rely on this determination Unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509 (a) (1) status, a grantor or contributor may not rely ... on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. Donors may deduct contributions to you as provided in section 170 of the Letter 947 (DO/CG) E INLAND VALLEYS JUSTICE CENTER, INC Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of Code sections 2055, 2106, and 2522. Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received. Ticket pur- chases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum- stances. See Revenue Ruling 67 -246, published in Cumulative Bulletin 1967 -2, on page 104, which sets forth guidelines regarding the deductibility, as chari- table contributions, of payments made by taxpayers for admission to or other participation in fundraising activities for charity. In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth after the end of jour annual accounting period. A penalty of $10 a day mont__ a_�.�y ����. �.L� is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 per- cent of your gross receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990 -T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre- lai.ed trade or busine•,.s as defined in section 513 of the Code. You need an employer identification number even if you have no employ-_-P:3. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. In accordance with section 508(a) of the Code, the effective date of this determination letter is July 26, 1994. This determination is based on evidence that your funds are dedicated to the purposes listed in section 501(c)(3) of the Code. To assure your continued exemption, you should maintain records to show that funds are expended only for those purposes. If you distribute funds to other Letter 947 (DO /CG) E -3- INLAND VALLEYS J-USTICE CENTER, INC organizations, your records should show whether they are exempt under section 501(c) (3) . In cases where the recipient organization is not exempt under section 501(c) (3), there should be evidence that the funds will remain dedicated to the required purposes and that they will he used for those purposes by the recipient. If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, VOW Richard R. Orosco District Director Enclosure (s): Addendum F] Letter 947 (DO/CG) PI PI Addendum: This exemption is based on the following assumptions: (1) that your organ- zation will merely utilize the personnel, facilities, and equipment of a for- profit organization, but that no for-profit entity will be involved in or in control of your operations; and (2) that your organization will not enter into a fee sharing agreement with a for-profit organization, ' or any contractual agreement that creates a nrivate benefit for a for-profit entity. Letter 947 (DO/CG) INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406 Date :APP 0 It 1996 INLAND VALLEYS JUSTICE CENTER,INC 20303 E HOLT AVE. COVINA, CA 91724 APR 0 3 RECT DEPARTMENT OF THE TREASURY Employer Identification Number: 95-4499687 Case Number: 956064016 Contact Person: HUGH RAMIREZ Contact Telephone Number: (213) 725-7002 Accounting Period Ending: December 31 Form 990 Required: Yes Addendum Applies: Yes Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) - we have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in sections 509 (a) (1) and 170 (b) (1) (A) (vi) If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal - Insurance Contributions Act (social security taxes) on remuneration of $100 or moce you pay to each of your employees during a calendar year. You are not 1.i able for the tax imposed ,under the Federal., unemploy'r�,,_,nt Tax A(-,,t (bZUTA-) Since you are not .� private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. if you have any qTuestions about excise, employment, or _other Federal taxes,-please let us ;snow. Grantors and contributors may rely on this determination unless the Internal Revenue service publishes notice to the contrary, However, if you lose your section 509(a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. Donors may deduct contributions to you as provided in section 170 of the Letter 947 (DO/CG) E -2- INLAND VALLEYS JUSTICE CENTER, INC Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of Code sections 2055, 2106, and 2522. Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received. . Ticket pur- chases and similar payments in conjunction with fundraising events may not cnaalify as deductible contributions, de-pending on the circum- stances. - - stances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, which sets forth guidelines regarding the deductibility, as chari- table contributions, of payments made by taxpayers for admission to or other part i c ipat on in fundraising activities for charity. I In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. if Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. . A penalty I of $10 a day is charged when a return is filed late, unless there is reasonazie cause Luz the delay. However, the maximum penalty charged cannot exceed $5,000 or S per- cent of your gross receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business income Tax Return. In this letter we are not determining whether any of you.�,,- present or proposed activities are unre- lal..ed trade or businc-;s as def.i.-ned in section 513 of the Code. You need an employer identification number even if you have no employ�;c� . If an employer identification number was not entered on your application, a number will be assigned to you and you will he advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. In accordance with section 508(a) of the Code, the effective date of this determination letter is July 26, 1994. This determination is based on evidence that your funds are dedicated to the purposes listed in section 501(c) (3) of the Code. To assure your continued exemption, you should maintain records to show that funds are expended only for those purposes. If you distribute funds to other Letter 947 (DO/CG) INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406 Date -W-P 6' 1 1056 INLAND VALLEYS JUSTICE CENTER,INC 20303 E HOLT AVE. COVINAt CA 91724 APR 0 3 PEC! DEPARTMENT OF THE TREASURY Employer Identification Number: 95-4499687 Case Number: 956064016 Contact Person: HUGH RAMIREZ Contact Telephone Number: (213) 725-7002 Accounting Period Ending: December 31 Form 990 Required: Yes ,A.ddendum. Applies Yes Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(a) of the internal Revenue Code as an organization described in section 501(c)(3). We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in sections 509( a) (1) and 170 (b) (1) (A) (vi) If your sources of support, or your purposes, character, or method of "er the effect of the operation change, please let -us know so we can cons -lu - --- L L 11 change on your exempt status and foundation status. In the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your t-.-mployees during a calendar year. You ?,re not: Liable for the tax imposed,under the Federal.. UnemployT,,,.ent Tax Act (FUTA) Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. if you have any questions about excise, employment, or other Federal taxes, __p_q, ase let us Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary, However, if you lose your section 509 (a) (1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a) (1) organization. lido Donors may I deduct contributions to you as provided in . section 170 of the Letter 947 (DO/CG) 11 -2- INLAND VALLEYS JUSTICE CENTER, INC Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of Code sections 2055, 2106, and 2522. Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received. Ticket pur- chases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum- stances. See Revenue Ruling 67-246, published in Cumulative Bulletin !967-2, on page 104, which sets forth guidelines regarding the deductibility, as chari- table contributions, of payments made by taxpayers for admission to or other participation in fundraising activities for charity. . In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day cf the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return Is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 per- cent of your gross receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt organization Business Income 'fax P(,-turn. In this letter we are not determining whether any of your present or proposed activities are unre- la!_:ed trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employed . If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of E Please use that number on all returns you file and. in all correspondence with the Internal Revenue Service. In accordance with section 508(a) of the Code, the effective date of this determination letter is July 26, 1994- This determination is based on evidence that your funds are dedicated to the purposes listed in section 501(c) (3) of the Code. To assure your continued exemption, you should maintain records to show that funds are 4) expended only for those purposes. If you distribute funds to other Letter 947 (DO/CG) 0 -3- INLAND VALLEYS JUSTICE CENTER, INC organizations, your records should show whether they are exempt under section 501(c)(3). In cases where the recipient.organization is not exempt under section 501(c) (3), there should be evidence that the funds will remain dedicated to the required purposes and that they will be used for those purposes by the recipient. If we have indicated in the heading.of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, MOW r Richard R. Orosco District Director Enclosure (s): Letter 947 (DO /CG) E 0 I INLAND VALLEYS JUSTICE CENTER,INC Addendum: This exemption is based on the following assumptions: (1) that your organ- zation will merely utilize the personnel, facilities, and equipment of a for- profit organization, but that no for-profit entity will he involved in or in control of your operations; and (2) that your organization will not enter into a fee sharing agreement with a for-profit organization, or any contractual agreement that creates a private benefit for a for-profit entity. Letter 947 (DO/CG) ,;TATE OF CALIFORNIA i,.L^ 'M%J"knW P.C. BOX 1206 RANCH() UUMDOVA,CA, 95741-1�U6 July 19, 1996 In reply refer to 75$!G F1MM XXLAKD VAILEYs OUSTICE CENTER, IKC. J C TAMAE 20303 E HOLT AVE COVINA CA 91724-3706 Ftlrpase CHARITABLE Code 500tion A.370% Form of organization corporation a0counting rarloa Ending; December 31 okgallization Kulober. 1894037 You are exempt from state iranchise or inCOAR tax under the sac -T oa 0, the Revenue and Taxation Code indicated above. 4 T . his decisiOn is based on information you submitted and assumes that 20ur PrQS&)r%t operations continue unchanged ox conform to those proposed in your application= Any change 4-1- Operation, character, or purpose 0± the Organ-ization must be rQPOrted iMftediately to this Office so that we may determine the effect On Your exempt Status, Any change 01 name or address must also be roported. Xii the avant 01 a change in relevant statutory, adminiStZat,Ve, judicial case IAWP a change in federal interpretation of federal law in cases where our QPiniOR iS based upon such an interprQtation, or a change in the material Jacts Or CiXcUmstances relating to Your application upon which c this opinion Is based, this OP!niOn may no longar be aPPlIable. It is Your response' ility to big! aware of these changes should *hey ooc4z. This paragraph constitues, written adV'Ice, other than a chief counsel ruling, within the meaning of Revenue and Taxation Code Section YOU may be requited to file Form lqg (Exempt Organization Annual Tni*Xma+i0n Return) on or belote the 15th day of the 5th month (4 1/2 months) of ter the close Of your accounting period. ?lease see annual 'nsttuctiOns with loxas for T4quirpm--nts. YOU are not requited to file State franchise or incoma tax retuXrxs Unless you have income subject to tha 'unrelated business income tax ltnde4 Section 23731 of the Code. In this event, YOU are requited to CLIENT IVJCFISC WITTENBERG & WITTENBERG, CPA`S, INC. 767 S. SUNSET AVENUE #6 WEST COVINA, CA 91790 (626) 337 -6138 November 12, 2007 INLAND VALLEYS JUSTICE CENTER, INC. 8287 WHITE OAK AVENUE RANCHO CUCAMONGA, CA 91730 Dear Client: Enclosed is your 2006 Federal Return of Organization Exempt from Income Tax. ire original should be signed at the bottom of page nine. No tax is payable with the tiling of this return. Mail your Federal return on or before November 15, 2007 to: INTERNAL REVENUE SERVICE OGDEN, UT 84201 -0027 Enclosed is your 2005 California Exe_rnpt Organization Annual Information Return. The original should be signed at the bottom of page one. No tax is payable with the filing of this return. Mail the California return on or before November 15, 2007 to: FRANCHISE TAX BOARD P.O. BOX 942857 SACRAMENTO, CA 94257 -0700 Enclosed is your California Registration/Renewal Fee Report to the Attorney General. The original should be signed at the bottom of page one. There is a fee due of $75 payable by November 15, 2007. Make the check or money order payable to "Attorney General's Registry of Charitable Trusts" and mail your California report on or before November 15, 2007 to: REGISTRY OF CHARITABLE TRUSTS P.O. BOX 903447 SACRAMENTO, CA 94203 -4470 Please be sure to call us if you have any questions. Sincerely, Bruce A. Wittenberg, CPA L ENT COPY Form 9�V Rett. of Organization Exempt From It. me Tax .Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation) Department of the Treasury I t I Revenue Service The organization may have to use a copy of this return to satisfy state reporting req ments. OMB No. 1545-oo47 2006 open to Public Inspection n arha A For the 2006 calendar ear, or tax year beginning 7/01 2006, and ending 6/30 , 2007 nCvul. C d Employer Identification Number B Check if applicable: Please use INLAND VALLEYS JUSTICE CENTER, INC. a Contributions to donor advised funds ...... , ... , . • . • .. • • - la 85,5 95-4499687 E Tnlophottenumber Address change IRS 11111 grPe -` 82$7 WHITE OAK AVENUE Name change or tye pe. Se RANCHO CUCAMONGA, CA 91730 909 - 466 -1665 Initial return specific instruc• Accounting �{ Cash Accrual method: Final return (ions. 2 520,000. tJther (specify) Amended return Application pending a Section 591(c)(3) organizations and 4947(a}(1) nonexempt A H and I are not applicable to section 527 organizations. H for affiliates ?.. n Yes o Na charitable trusts must attach a completedd Schedule (a) is this a group return , . (Form 990 or 990 -EZ). H (b) ff'Yes,' enter number of affiliates, P G web site: lo N/A 1't (C) Are all affiliates included ?.......... Des 11 No (11 'No,' attach a list. See instructions.) J organization type (check only one).... .. , f` X 50I (c) 3 "� (insert no.) 4947(a }(I) or 527 H (d} Is this a separate return filed 6y an organization covered by a group ruling? Yes x No K Chterk 11 if the organization is not a 5o9(a)(3) supporting organization and its t Group Exemption Number, . . .here u gross receipts are normally not more than $25,000. A return is not required, but if the M Check if the organization is not required to attach Schedule B (Perm 990, 99D -EZ, or 990•( �. organization chooses to file a return, be sure to file a complete return, L Gross receipts: Add lines Gtr, 81, 9b, and 141 to fine 12 ►- 60 9 983. :::::««:•:o-t:•::::c: .. _, -__ --._ r_...............- .... rl ('ice snnnc in ivinf j1GCFi'tC C1r VS)ISri Balances (See the instructi Col ls.J (See BAA For Privacy Act and Paperwork Reduction Act Nonce, see lire separ aca r„- �� ,� „ >. - -- - -• - nCvul. __.. 1 Contributions, gifts, grants, and similar amounts received: a Contributions to donor advised funds ...... , ... , . • . • .. • • - la 85,5 b Direct public support (not included on line la) ....... :....... ............. lb . c Indirect public support (not included on line 1a) ............ ........:...... 1C d Government contributions (grants) (not included on line l a) . . . ............. 1 d :.:. e Total (add lines g 5 rj$ 5 , noncash $ } ... • • . • • • . , ....... la through id) (cash $ _. le 85, 585. 2 520,000. 2 Program service revenue including government fees and contracts from Part VII, tine 93 3 Membership dues and assessments. . . ..... ...... ... . ....... ............................... . . . . .: 3 -- 4 Interest on savings and temporary cash investments............ -.- ................. ---- 4 5 Dividends and interest from securities. . ..........:. . . . . • • • • - • . • • • . 5 6a Gross rents..... . ................... .............. 6al b Less: rental expenses .................. ....................:.:........ . 6c c Net rental income or (loss), Subtract line 6b from line 6a. . ....................... . .....:.......... . . _ E 7 Other investment income (describe....... ° (A) Securities (B) Other 7 v Ba Gross amount from sales of assets other $a E N than inventor y .................. . b Less: cost or other basis and sales expenses ....... Sb c Gain or (loss) (attach schedule), . .. . ........... . d Net gain or (loss). Combine line 8c, columns (A) and (B) ............:........ .... . ........... . ....... here, 8d 9 Special events and activities (attach schedule), if any amount is from gaming, check .: , a Gross revenue (not including $ of contributions reported online lb).: ...... ........ ..................:............ 9a b Less: direct expenses other than fundraising expenses ...... . ....... 9b c Net income or (loss) from special events. Subtract line 9b from line 9a. . ....... ....... • , . .. , 9c 10a Gross sales of inventory, less returns and allowances ................... 10a b Less: cost of goods sold ................ ...............:....:.......... 10b e Gross profit or (loss) from sales of inventory (attach schedule). Subtract line 10b from line 10a ............................ 10c 11 4, 398, 11 Other revenue (from Part VI1, line 103) ........ ............................... - .............. , ... 12 609, 983 12 Total revenue. Add lines le, 2, 3, 4, 5, 6c, 7, 8d, 9c, 10c, and 11 ...... . ..............:........ ..... ... 13 Program services (from line 44, column (B)) .... - ....... -- .... ............................... 13 514, 942, 14 51, 419 . E X 14 Management and general (from fine 44, column (C)) ............... . ....... • • • . . _ • • • • • • - , • • • - . E 15 Fundraising (from line 44, column (D)) ............. --- ........... ............................... 15 16 N E16 Payments to affiliates (attach schedule) .............................. ............................... 17 566, 361, s 17 Total expenses. Add lines 16 and 44, column ( A) ..................... ............................... 18 43,622. 18 Excess or (deficit) for the year, Subtract line 17 from line 12 ...... ........ . ....--- ........ , . • , • • • 19 3,409.. N A s 19 Net assets or fund balances at beginning of year (from line 73, column (A)) • . • • • • • .. • • • • • • • • • • • . 20 TT 20 Other changes in net assets or fund balances (attach explanation), ..... ............................... 21 I 47,031, 1- non rnnnrl - - -_ . s 21 Net assets or fund balances at end of year. Combine lines 18, 19, and 20 .. ....:.. . . . :. .. ...... .. - -___ BAA For Privacy Act and Paperwork Reduction Act Nonce, see lire separ aca r„- �� ,� „ >. - -- - -• - ran v•o teaawt Sun} ................. c Compensation and other distributions, not included above, to disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B) (attach schedule) ........................ 26 Salaries and wages of employees not included on lines 25a, b, and c......... 27 Pension plan contributions not included on lines 25a, b, and c......... 28 Employee benefits not included on lines 25a - 27 ........................ 29 Payroll taxes. . 30 Professional fundraising fees........... 31 Accounting fees. ................ 32 L. egalfees ........................... 33 Supplies ................... ........ 34 Telephone ........... ................ 35 Postage and shipping. .. . ............. 36 Occupancy.. ........... ............ 37 Equipment rental and maintenance ..... 38 Printing and publications .......... . ... 39 Travel ........ ..................... — 46 Conferences, conventions, and meetings... , ..... 41 Interest ........................ — — 42 Depreciation, depletion, etc (attach schedule)...... 43 Other expenses not covered above (itemize). a SEE STATEMENT 1 b c d ----------------- e f_________k g----------- - - - - -- 44 Total functional expenses. Add lines 22a through 1,1, (Organuatlons completin columns B} t)) , cars these touts to lines 13 - 15) ...... ....., 25c _ Q . 0 0 _. 0 26 59,241, 50,355, 8,886. 27 28 29 115 31 32 33 34 35 36 37 38 39 44 41 42 27 8 , 236. 42 ' 43a 506 842. 464,351, 42,491. !43 43 — 44 566, 3 61 . 942, 51, 419. 0 Joint Costs, Check, r` Lj if you are following SOP 9 &2, Are any joint costs from a combined educational campaign and fundraising solicitation reported in (8) Program services? ....... .. '`� Yes �X No If 'Yes,' enter (i) the aggregate amount of these joint costs $ ; (ii) the amount allocated to Program services $ ; (iii) the amount allocated to Management and general $ ; and (iv) the amount allocated to Fundraising $. BAA T_= 0102_ 0112310° Form 990 (20D6) Form 990 (2006) INLAND VALLEY, tSTICE CENTER, INC. 95- 4499687 Page 3 Statement of Program Service Accomplishments Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, mated make sLwe the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments, What is the organization's primary exempt purpose? _ T_ 0_ L_E_SS_E_N_T_H_E_B_URDE_N_S_OF_ GO_V_E_RN_ME_ NT . in concise manner, State the number of Program Service Expenses (ae uiorg for organizations a and organrzaiions and All organizations must describe their exempt purpose achievements a clear and clients served publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) and (4) organ- izations and 4�A7 a (1 nonexem t charitable trusts must also enter the amount of grants and allocations to others. d947(a)(1) trusts; but optiona tar others.) a SEE STATEMENT —OF EXEMPT PURPOSE ATTACHED. — — _ — — — — -- — — — — - — — — — — —. --------------------------------------------- -- ---- (Grants and allocations $ ) If this amount includes foreign grants, check here ` 514, 942 . b—_------------------------------ (Grants and allocations $ -- ? If this amount includes foreign ranks, check here ° C-- -- -- -- --- - --' (Grants and allocations $ _ — — _ — ) If this amount includes forei n— rants, check here d----------------------------- - - - - -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ _ — _ (Grants and allocations $ — µ _ ) If this amount includes foreign grants, check here ° e Other program services ................ . . . ......... . G t d A auons $ nt includes foreign grants chock here 1 ff tlls amCU ° ( ran s an a oc f Total of Program Service Expenses (should equal line 44, column (S), Program services). ............... . .. . .. P. 514, 942 . BAA Form 990 (2006) TEEA0103- 01118107 Form 990 (2006) INLAND V"ALI,EYL JSTICE CENTER, INC. 95- 4499687 Note: Ba{ance Sheets gee me msrrucrrons, Where required, attached schedules and amounts within the description column should be for end-of-year amounts only. 45 Cash - non• interesi - bearing ........... ............................... , . , , , • . 46 Savings and temporary cash investments.. , . . . .... . . .. . . . ........ . ........ . Beginning of year 2,870. 45 End of year 47,832. 47a Accounts receivable ......... . . . ............. . .... 47a b Less: allowance for doubtful accounts .............. 47b ^ - 47c 48a Pledges receivable, . . ............... . .... 48a b Less: allowance for doubtful accounts, . .. . ......... 48b 49 Grants receivable ........................... ..... ...........•.............. 49c A9 _ 50 a Receivables from current and former officers, directors, trustees, and key employees (attach schedule)...... .... ....... ............................... 50a b Receivables from other disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B) (attach schedule) ............. . . 50b A s e T s 51a Other notes and loans receivable (attach schedule) ....... . ......................... 51 a b Less: allowance for doubtful accounts . ............. 51 b 52 inventories for sale or use ....... . .. . 53 Prepaid expenses and deferred charges. ... , _ . 54a Investments — publicly•traded securities, ............... ° Cost FMV b Investments — other securities (attach sch) ............. " 8 Cost e FMV :......... 51c 52 53 54a 54b 55a Investments — land, buildings, & equipment: basis... 55a b Less: accumulated depreciation attach schedule 556 56 investments — other (attach schedule). . . . .... ... . .................. ..... 57a Land, buildings, and equipment: basis .............. 57a 14, 6 • 55c b Less: accumulated depreciation (attach schedule) . . . .......... STATEMENT .2.... 5 7b 14, 390. 545. 57c 267 L 58 Other assets, including program - related investments (describe > SEE S TMEMENT 3 S . -------- __- ____ .- _--------- - - - - -' 59 Total assets (must equal line 74). Add lines 45 through 58... , , , . 60 Accounts payable and accrued expenses ................... ................. 61 Grants payable ........ ............................... .................. • 62 Deferred revenue........,. .... ...... 1. 58 1 3,416. 59 60 48 100. , 61 62' - -- A 1 L I i C 63 Loans from officers, directors, trustees, and key employees (attach schedule) ................... .......... ....... ..... 64a Tax- exempt bond liabilities (attach schedule) ...... . ................... • ... • • b Mortgages and other notes payable (attach schedule).... , . 65 Other liabilities (describe �, SEE STATEMENT 4 — — — — —} 66 Total liabilities. Add lines 60 through 65 ................. 1.....•.I.. .. 63 64a 64b 7 . 65 7. 66 1,06 . Organizations that follow SFAS 117, check here Li and complete lines 67 A s o z u s AA through 69 and lines 73 and 74. 67 Unrestricted ......................... ............................... .. .... 68 Temporarily restricted ............ . .. . 69 Permanently restricted, ... , ... . ....... ....................... Organizations that do not follow SFAS 117, check here 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 ........... . ,... 67 68 69 3, 409 • .. 70 71 N _ 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 assets/fund balances. Add lines 66 and 73.-.-. .. ........ 3, 409. 74 47, 031. 3, 416. 74 48 r 100 . Gn,m aan ronnr,� SAA T: =A01041. 01118!07 Form 990 (2006) INLAND VALLEY,' JSTICE CENTER, INC. 7 Pacie s Statements with lievenue per Return (See Vie Reconciliation of Revenue per Audited Financial (if not employee benefit account and other Jou Total revenue, gains, and other support per audited financial statement& ... ...... N/A paid, enter -0-) b Amounts included on line a but not on Part 1, line 12: allowances 1 Net unrealized gains on investments ......... bl t compensation plans 8055 CALLE CARABE COURT d Amounts included on Part 1, line 12, but not on line a: 1 Investment expenses not included on Part 1, fine Gb .... dl J_ CHAIRMAN – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 1027 S. HILLWARD STREET Reconciliation of Experts ments with Ex� �enses�er Return a Total expenses and losses per audited financial statements .................... ....... a N/A b Amounts included on line a but not on Part 1, line 17: 0, bl 2Prior year adjustments reported on Part 1, line 2Q . ......... DT CTOP UPLAND, CA 91784 d Amounts included on Fart 1, line 17, but not on line a� 1 Investment expenses not included on Part I, line 6b .......... dil Zother (specify-,: L=— e Total expenses (Part 1, line 17). Add lines c and d ..... --- ... ..... ......... – – ... ...... Officers, Directors, Trustees, and Key Employees (List each person who was an officer, director, trustee, current or Key u.pu'"=°`~v ~'~~~^=--'-- (if not employee benefit account and other Jou (A) Name and address per week devoted paid, enter -0-) plans and deterred allowances t compensation plans 8055 CALLE CARABE COURT S CIANCHETTI CHAIRMAN 0. 1027 S. HILLWARD STREET 0, JAMES H. PIA.TT DT CTOP UPLAND, CA 91784 BAA Form 990 (2006 INLAND VALLEYS NICE CENTER, INC. 95- 4499687 Pa e6 ;P`art'`W »A Current Officers Directors Trustees and Key Em la ees continued Yes Na 75a Enter the total number of officers, directors, and trustees permitted to vote on organization business as board meetings ° _3_ — — — — — — _ 990 Part V A or hi hest compensated employees e employees listed in Form g officers, directors trustees, or key b Are an off din Schedule y r independent contractors listed highest compensated professional and othe p , listed in Schedule A, Part 1. or high p p A, Part II -A or II -B, related to each other through family or business relationships? if'Yes,' attach a statement that 75b.;:: identifies the individuals and explains the relationships) • , .. • . . c Do any officers, directors, trustees, or key employees listed in form 990, Part V-A, or highest compensated employees fisted in Schedule A, Part i, or highest compensated professional and other independent contractors listed in Schedule A, Part 11 -A or 11 -8, receive compensation from any other organizations, whether tax exempt or taxable, that are related 75c `X to the organization? See the instructions for the definition of 'related organization' . .... ........................ .... If 'Yes,' attach a statement that includes the information described in the instructions. 75d ...X... d Does the organization have a written conflict of interest policy? , . ... • ......... ........... • . • . • • . Pt1} Former Officers, Directors, Trustees, and Key Employees That Received Compensation or Other Benefits (if any former officer, director, trustee, or key employee received compensation or other benefits (described below) during the year, list that person below and enter the amount of compensation or other benefits in the appropriate column. See the instructions.) (C) Compensation (Q) Contributions to (E) Expense (B) Loans and (if not paid, employee benefit account and other (A) Name and address Advances enter -0 -) plans and deferred allowances compE.:sation plans NOME — --------- — — — — — — — I --------------- -- ------ - ---_1 Other information [See the 76 Did the organization make a change in its activities or methods of conducting activities? If'Yes,' attach a detailed statement of each change ..... , .... • ...... • . • . • .. • .. • 77 Were any changes made in the organizing or governing documents but not reported to the IFS? . ...... _ • ............ . 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?... . b If 'Yes,' has it filed a tax return on Form 990 -7 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 IVAMS, — .— - — — —MEMO ATTACHED — — _ _ _ _ _ _ _ _ _ —and check whether it is Fl exempt or Xnonexempt. ----------------------- - - - - -- �81a) 0 81 a Enter direct and indirect political expenditures. (See line 81 instructions,), ........... . .... . b Did the organization file Form 1120 -POL for this year? BAA TEEA0106_ 01(1Bf07 No X X Form 990 (2006) Form 990 (2006) INLAND VALLEY, JSTICE Information (continue TN(' 95•4499687 82a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at 82a substantially less than fair rental value? ......... ......... ....... ...... ...... ............. .. indicate the value of these items here. Do not include this amount as 'X b if 'Yes,' you may revenue in Part I or as an expense in Part 11. (See instructions in Part IIL) ................. 82b N/A 83a Did the organization comply with the public inspection requirements for returns and exemption applications?.... 83a to Did the organization Comply with the disclosure requirements relating to quid pro quo contributions? ...... 83b 94a Did the organization solicit any contributions or gifts that were not tax deductible? ....... ............ 84a b If 'Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were 841 not tax deductible? ........ ....... ........ .......... ........ 85 501(c)(4), (5), or (6) organizations. aWere substantially all dues nondeductible by members? ....... .................. 85" b Did the organization make only in-house lobbying expenditures of $2,000 or less? ........... 851 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 d Section 162(e) lobbying and political expenditures. 85d N/A N A e Aggregate nondeductible amount of section buj,�(e)( 1)vA) dues I JUL ]ca s (line 85d less 85e) .... ............ 85f N /A f Taxable amount of lobbying and political expenditure AT, 9 Does the organization elect to pay the section 6033(e) tax on the amount on line SOT. I . . • I I I ......... h it section 6033(e)(1)(A) dues rolices were sent' does the organization agree to add the amount on line 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax Year?, ............ ............. ...... 86 507(c)(7) organizations. Enter; a Initiation fees and capital contributions included on 86a N/A line12 ... ............ .......... ........... ....... b Gross receipts, included on line 12, for public use of club facilities ..... .............. 86b N/A 87 501(c)(72) organizations, Enter: a Gross income from members or shareholders. . . ..... 97a N/A b Gross income from other sources. (Do not net amounts due or paid to other sources 97bi N/A against amounts due or received from them.) .. .... .......... ..... .... • .. 88 a 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 301.7701-3? If'Yes,' complete Part IX ...... ........... . ............... ...... b At any time during the year, did the organization, directly or indirectly, own a controlled entity within the meaning of section 512(b)(13)1 If 'Yes,' complete Par, X1 ..... ........... ...... ........ ....... ...... .......... 89a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under: section 4911 ► ---- 0, section 4912 ` . . . . . . . 0 section 4955. - - - - - - - - - 0. ------- b 507(c)(3) and 501(q)(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 ................... ........ • c Enter: Amount of tax imposed on the organization managers or disqualified persons during the 0. year under sections 4912, 4955, and 428 .... ............ ........... ..... 0, d Enter: Amount of tax on line 89c, above, reimbursed by the organization ............. ....... e All organizations. At any time during the tax year, was the organization a party to a prohibited tax shelter transaction?, f All organizations, Did the organization acquire a direct or indirect interest in any applicable insurance contract?., . ....... Pace 7 Om �e P11m, A 88al I X 88bl I X 891ol I X 89 - 0" X 89f I X onsoring organizations maintaining donor advised funds. Did the supporting g For supporting organizations and sp d organization, or -a fund maintained by a sponsoring organization, have excess business . holding . I at an I y time uring ............... X theyear?. . . - - . . ........ ........ ......... .... ...... 90a List the states with which a copy of this return is filed CA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - b Number of employees employed in the pay period that includes March 12, 2006 .......... I 90bj 0 (See instructions.) ...... .......... 91 a The books are in care of WITTENBERG & WITTENBERG,_ CPA'- Telephone number ► 626-337-6138 - - - - - - - 91790 HC -9 T -f INA, CA - - - - - - - - - - - ZIP + 4 - ------------ Located at - 767 S. -SUNffTJMF- - , - -fS- - OV - - - - - - I -------- I— b At any time during the calendar year, did the organization have an interest in or a signature or other authority over a financial account in a foreign country (such as a bank account, securities account, or other financial account)? 91 to X if 'Yes,' enter the name of the foreign country -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -22.1, Report of Foreign Bank and TD F 90 See the instructions for exceptions and filing requirements for Form Financial Accounts. Form 990 (2006) BAA T-E-FA0107- 01/18107 Form 990 (2006 ) INLAND VALLEYS TICE CENTER, INC. 95-4499687 Page 8 :;;:- ..., - :• -- Na frtVl Other information (continued) c At any time during the calendar year, did the organization maintain an office outside of the United States? ......... • . . �;E X [['Yes,' enter the name of the foreign country"- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -_ 92 Section 4947(a)(7) nonexempt charitable trusts filing Form 990 in lieu of Form 1041- Check here..... ` 92 N/A and enter the amount of tax-exempt interest received or accrued Burin the fax ear..... • ... -. WV11.1 Anal sis of Income- Producin Activities See the instructions. Unrelated business income Excluded b section 512, 513, or 514 (E) Note: Enter gross amounts unless otherwise indicated. 93 Program service revenue: a (A) Business code (g) Amount (C) Exclusion code (p) Amount Related or exempt function Income (C) ((E) (A) Name, address, and of Nature of activities Total End-of -year EPeroentage income a ssets partnership, or diserest N/A f 0 0 a 0 4 b c d e f Medicare /Medicaid payments.......: g Fees & contracts from government agencies .. . 94 Membership dues and assessments. . 95 Interest on savings & temporary cash invmnrS . Dividends &interest from securities . . 97 Net rental income or (loss) from real estate a debt- financed property. . . .......... . b not debt - financed property .... , .... . 98 Net rental income or (foss) from pers prop ... . 99 Other investment income............ 100 Gain or (loss) from sales of assets other than inventory ................ 101 Net income or (loss) from special events .... . sales of inventor . • .. Gross ion. ar loss ( Y 102 n (loss) G ss 1a 3 Other revenue: a b 520, 000. ...,......_ .......:...::.::::::::::.:.,...::: vo:.::>::,.>::< s;::•::;:< o:;. - s.: r.<:.:>;;;: rs;;:: a:;;_; o;;;; os. �-.:::::;:: - - - - r. �:: i::: z :;a:::n:S:i::c;;;SV.:;::ri:Y,: :4 d e 524,398. , and ( .... 104 subtotal ( a dd columns { B ), (D ) 105 Total (add line 104, columns (B), (D), Nate: Line i05 plus line 1e, Part 1, should equal and (E)) .......... the amount .. on line 72,'Part 1. . _ r c.. • ... • • a ❑., .,.... , ' . ' .... ... ' . . . /Can thA inrtrr 524,398. rrtinrtG. ) Me 2elatlOnShl oI AC1lVtleS la a rir c vFlr rcarirG +r� • � �,•• _ -- -- - Line No. Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment (other than by providing funds for such purposes). V of the organization's exempt purposes 93(G) PROVIDING ARBITRATION AND MEDIATION SERVICES TO CIVIL LITIGANTS IN THE COUNTIES OF LOS ANGELES AND SAN BERNARDINO, CALIFORNIA AT LOW COSTS IS THE REASON FOR THE ORGANIZATION'S EXEMPT STATUS. (SEE PART III OF THIS TAX RETURN FOR MORE DETAILS.) Prti informatio=1RIegardin ble Subsidiaries and Disre aided Entiti es See the instructions. (C) ((E) (A) Name, address, and of Nature of activities Total End-of -year EPeroentage income a ssets partnership, or diserest N/A f 0 0 a 0 4 ��z �6� ardin Trans e rs ssocla a w! r a Dar, receive any funds, directly or indirectly, to pay premiums on a personal benefit contrct7`1 ........Yes X No b Did the organiation, g the year, pay premiums, directly or indirectly, on a personar benefit ..... - .. .. Yes X No Note: if 'Yes' to (b), file Form 8870 and Form 4720 (see instructions). TE?A0108:. 04!04107 Form 990 (2006; BAA Form 990 TMT nun ttATJY..Vi� , M-F CENTER, INC. 95-4499687 Page 9 Information Regarding Transfers To and From Controlled Entities, Complete only if the _ __ ._ _ ac ricfinpq in carrtinn 512(b)(13). Yes I No 106 Did the reporting organization make any transfers to a controlled entity as defined in section 512(b)(13) of the Code? If 'Yes,' complete the schedule below for each controlled entity X (A) {$� (C). D) Name, address, of each Employer identification Description of A`mount�of transfer controlled entity Number transfer a---- - - -__- -- ----- - - - - -- b L - --- - - -- - - -- - - - - - -- - - - - - - - c - - - - - - - ----------- - - - - -- Totals No 107 Did the reporting organization receive any transfers from a controlled entity as defined in section 512(b)(13) of the Code? tf X ' Yes,' complete the schedule below for each contraUedentity , ,,,,,,,,,,,,,,,,,.. .•••.••••• .......... •" (A) (B) �transfer (D) Name, address, of each Employer Identification f De of Amount of transfer controlled entity Number I a------------------ - - - - -- bL- ------------------ - - - - -- c-------------- __ --_ -_. - - ---- Totals - :......... _ ....,:_._.__. Yes No 108 Did the organization have a bindin written contract in effect on August 17, 2006, covering the interest, rents, royalties, and X . .............................. annuities described in question 10 above?- , . , ... pu a p b true, corrrect,'and icomplete. �eclaration�of pateparerr examined this otlicer�n staserl on ail in arma wneof whicnprepa statements, has any knowledge t of my knowledge and belief, it is Please Date Sign Signature of officer l./ Here Type or print name and tune, ,— Date Check it Paid Preparer s sert- ' Pre signature parer's r'um's name (or WITTENBERG & WITTEN$ERG yours if self, C Use employed), r► 767 S. SUNSET AVENUE #6 Only aapres4s, and WEST COVINA, CA 91790 BAA �`c...1 .. empfoyt A'S, INC. TEEM IIOL 01119/07 ,--I M/A EIN - N/A Phone no. ► (626) 337 -6138 Form 990 (2006) SCHEDULE A (Form 990 or 990 -EZ) pepari vent of !hoGTreasury Name of the organization Organization Exempt Under Section 501(G)(3) (Except Private Foundation) and section 501 (e), 501(f), 501(X), 501(n), or 4947(a}(1) Nonexempt Charitable Trust Supplementary Information — (See separate instructions.) I t d b the above organizations and attached to their Form 990 or 990 -EZ. OMB No. 1545 -0047 aM IVItfST be comp e e y - Employer itlantlllcatioo number Yl,f 95- 44996$7 »s< Compensation of the Five Highest Paid Employees Other Than officers, Directors, (See instructions. List each one. If there are none, enter 'None,') d Contributions e Expense (a) Name and address of each {b} Title and average (c) Compensation to employee benefit account and other employee paid more hours per week plans and deferred allowances than $50,000 devoted to position compensation NONE ------- - - - - -- Total number of other employees paid r d > over $50, 000 .............. .................... Pa . is a Compensation of the Five Highest Paid independent Contractors for Professional Services (See 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 NONE - - - -- (b)Type of service I (c) Compensation Total number e r of others receiving wn 9 over r 0 $50,000 for professional services ....... . PrfiE< Compensation of the Five Highest Paid independent Contractors for Other Services (List each contractor who performed services other than professional services, whether individuals or firms. If there are none, enter 'None.' See instructions.) (a) Name and address of each independent contractor paid more than $50,000 NUNh T= Eatwor_ 01119107 (b) Type of service ( (c) Compensation Schedule A (Form 990 or 990 -EZ 2006 - JLAND VALLEYS JUSTICE CENTER, 1= 95- 4499687 Page 2 Statements About Activities (See instructions.) Yes No 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) If 'Yes,' enter he total expenses paid or incurred in connection with the lobbying activities ... , . $.- $ 1 X (Must equal amounts on line 38, Part VI -A, or line i of Part ), • ............ 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, n of the following acts with any ct1 or indirect) engaged in a y 9, as t o or anization, either dire y y, 2 During the ear, h h 9 their families, or with any Y employees, or members of th directors officers, creators, key ubstanor contributors, trustees, owner, or rinci ai s 'cer, dirctor, trustee, majority p P such person is affiliated as an offs , taxable organization with which any R transactions.) g e ment ex lainin the beneficiary? (If the answer !o any question is 'Yes,' affach a detailed statement explaining .. .. SEE STATEMENT 5 a Sale, exchange, or leasing of property? b Lending of money or other extension of credit ? .............. 1 1 1 1 - - 11,11.... 26 X c Furnishing of goods, services, or facilities? ............... • ..... . . • . SEE FORM 990, PART V d Payment of compensation (or payment or reimbursement of expenses if more than $1,000) ?.. e Transfer of any part of its income or assets ? ........ . ........... • ... • • • • • • • • • . • • 3a Did the organization make grants for scholarships, fellowships, student loans, etc? (If 'Yes,' attach an 3a X explanation of how the organization determines that recipients qualify to receive payments........... . b Did the organization have a section 403(b) annuity plan for its employees ? .................. . 36 X c Did the organization receive or hold an easement for conservation purposes, including easements to preserve open space, the environment, historic land areas or historic structures? If 3c X ' Yes.' attach a detailed statement ... , .... . d Did the organization provide credit counseling, debt management, credit repair, or debt negotiation services? ........... 3d X advise'-' fu ^ds' tE 'YaS;' complete lines 4b through 4g. If 'No,' complete lines � 4a Did the organization ma,r;tair: any sv,un ate. - 4fand 4g ............... .1....1.......11............. . 4a b Did the organization make any taxable distributions under section 4966?. - . ........... .. . C ................ 4c N A Did the organization make a distribution to a donor, donor advisor, or related person?.. 111.......1. . d Enter the total number of donor advised funds owned at the end of the tax year NIA e Enter the aggregate value of assets held in all donor advised funds owned at the end of the tax year............ s N/A f Enter the total number of separate funds or accounts owned at the end of the tax year (excluding donor advised funds included on line 4d) where donors have the right to provide advice on the distribution or investment . of . amounts in such funds or accounts ................. . 1111... • . • • • . ....... ............................. g Enter the aggregate value of assets held in all funds or accounts included on line 4f at the end of the tax year.... M BAA TcEA0402L a4104107 Schedule A (Form 990 or Form 990 -EZ) 2006 Schedule A (Form 990 or 990 EZ) 2006 LAND VALLEYS JUSTICE CENTER, It,,_ 95-4499687 Page 3 Ptf <<> Reason for Non - Private Foundation Status (See instructions.) I certify that the organization is not a private foundation because it is: (Please check only ONE applicable box.) 5 n A church, convention of churches, or association of churches, Section 170(b)(1)(A)(i). 6 n A school. Section 170(b)(1)(A)(ii). (Also complete Part V.) 7 n A hospital or a cooperative hospital service organization, Section 170(b)(1)(A)(iii). 8 n A federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 n A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii), Enterthe hospital's name, city, and state ► -- - - - - -- 1v U An crganizatlan 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 U An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 1, 70(b)(1)(A)(vi). (Also complete the Support Schedule in Part !V-A,) 11 b n A community trust. Section 170(b)(1)(A)(vi), (Also complete the Support Schedule in Part IV -A.) 12 n An organization that normally receives: (1) more than 33 -113% 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 -113% 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 otherwise meets the requirements of section 509(a)(3). Check the box that describes the type of supporting organization: � nType I nType II Type III FunctlanaHy Integrated ]Type IIkOther . a1 tha cu nnnrtari nrnanizntions. (See Instructions.) Names) of supported organizations) ntification Employer ib de number (EIN) c Type of organization (described in lines 5 through 12 above or IRC section) (d) is the supported organization listed in the supporting organization's governing documents? (e) Amount of support Yes No Total.......... ...................... 14 171 An organization organized and operated to test for public safety. Section 509(x)(4), (See instructions.) BAA Schedule A (Form 990 or 990 -EZ) 2006 TE=AM07_ 01/22/07 Schedule A (Form 990 or 990 -EZ) 2006 LAND VALLEYS JUSTICE CENTER, Ih .. 95- 4499687 Paae 4 :. a box on tine 10, 11, or 12.) Use cash method ofaccaun rng. Support Schedule (Complete only if you checked inn hn q of zrrnjinlinn _— Note: you may use the worksheet in the instructions for con erring from me accrua, eu l,lc Calendar ear or fiscal year y ( Y 0- {a} 2005 b (b) 2004 (c) 2003 {d} 2002 'Total T beginning in) . ............ . 493, 531. 639, 924. 547, 308. 445, 893. 2,126, 650. 15 Gifts, grants, and contributions received, (Do not include unusual rants, See line 28, ... 16 Membership fees received .... . 17 Gross receipts from admissions, merchandise sold or services performed, I r furnishing of facilities in any activity 0 that is related to the organization's charitable, etc, purpose ............ 18 Gross income from interest, dividends, amounts received from payments on securities loans (section 512(a)(5)), rents, royalties, and unrelated business taxable income (less section 511 taxes) 0 from businesses acquited by the organ- ization after June 30, 1975 ......... . 19 Net income from unrelated business 0 • activities not included in line 18.. , ... 20 Tax revenues levied for the 6rg--: -- fjo-1- benefit and either paid to it or expended 0 • 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 0. the public without charge ...... 22 Other income, Attach a schedule. Do not include 0 gain or (loss) from sale of capital assets.. ............ 493, 531. 639, 924. 547, 308. 445, 893. 2,126, 656 . 23 Total of lines 15 through 22 .... 493, 531. 639, 924. 547, 308. 445, 893. 2, 126_, 656. 24 Line 23 minus line 17. ........ A q� 6, 399. 5,473.1 4,459, 5 i 25 Enter I% of tine 23.... , ....... - _ r 6a 10 or 11: a Enter 2% of amount in colurnn (e), lie GY.. . .... .. . . • " 42, 533, 26 organizations atians described on {roes g r show the b Prepare a ifs, far your records to 1 6r U b tic I n en a loot e t Y ov r m each person (other her th an a p ribu ted b ec n p amount contributed name of and am Y the not file this list with your shown in line 2.. `26b. - `'" .. supported organization) whose total gifts for 2002 through 2005 exceeded amount ` 2 1Z6 656. return. Enter the total of all these excess amounts .... . . . .... . ....... . .. " 26c c Total support for section 509(x)(} PP 1 test: Enter line 24, column (e} ......... � ' "' " " "' "' d Add: Amounts from column (e) for lines: 18 lla''' 26b 22 � 26e 2,126, 656. e Public support fine 26c minus line p ( 26d total) .... ........... . . ................ . .. . ........ . . . .. . ...... . �~ 100,00 a ti., 6..a 7�r rrinnnminatQYli .......... . . . ...... . .. . 26f f Public support percentage 27 Organizations described on line 12: N/A a list for our records to show the a For amounts included in lines 15, 16, and 17 that were received from a 'disqualified person.' prepare Y name of, and total amounts received in each year from, each 'disqualified person.' Do not file this list with your return. Enter the sum of such amounts for each year; — 2002 (2005) __---- - - - - -- (2004). _----- - - - - -( 2003 )----- -- - - - -- ( -- — — — — — — — — — — — IoFor any amount included in line 17 that was received from each person (other than 'disqualified persons'), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on tine 25 for the year or (2) $5,000. (include in the list organizations described in lines 5 through 11 b, as well as individuals,) Do not file this list with your return. After computing the difference between the amount received and the larger amount described in (1) or (2 ), enter the sum of these differences (the excess amounts) for each year: (2005) — — — — — — — — — — - -- ( 2004)------ - - - - -- (2003) _ — — — — — — — — ( 2002 )______- - - - - -- c Add; Amounts from column (e) for lines: 15 16 17 20 d Add: Line 27a total.... . 21 and line 27b total........ , .. . 27 totai minus line 27d total) ....... . 27c e Public support (hne c I Total support for section 509(a)(2) test: Enter amount from line 23, column (e) .. , . ' 27f ► g Public support percentage (tine 27e (numerator) divided by line 27f ( denominator)) .................. 27 r 27h h Investment income percentage line 18, column (e) (numerator) divided b ttine 27f (denominator)) ......... . 28 Unusual Grants: For an organization described In line 10, 11, or 12 that received any unusual grants during 2002 through 2005, prepare a list for your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the orant, Do not file this list with your return. Do not include these grants in line 15. BAk TE A.OdD3_ 011191W Schedule A (Form 990 or 990 EZ) 2006 Schedule A (Form 990 or 990 -EZ ) 2006 I, ...ND VALLEYS RiSTICE CENTER, INC. 95- 4499687 Pace 5 P;azt >z; Private School Questionnaire (See instructions,) (To be completed ONLY by schools that checked the box on line 6 in Part IV) NIA Yes No other governing instrument, or in a resolution of its governing bod statement in its charter, bylaws, y y policy . 29 29 Does the organization have a racially nondiscnm�nator toward students b s a e y toward students in all its brochures, 30 Does the organization include a statement of its racially nondiscriminatory policy w _ _., catalogues, and other written communications with the public dealing with student admissions, programs, 30 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 docurnentino 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? ..... . .................... . ....... • .• ................... ............................... f Use of facilities? ........... • .. ........ .... .... .... ' . g Athletic programs ? .................... ........ .... . ........... . ,.......,................,..... y h Other extracurricular activities ?.... ... •' ' .... .... • " ......... " 33h p If you answered 'Yes' to any of the above, lease explain. (If you need more space, attach a separate statement.) 34a Does the organization receive any financial aid or assistance from a governmental agency? ........................... 34a b Has the organization's right to such aid ever been revoked or suspended? ........... .. . .... , • • • • • • 34b If you answered 'Yes' to either 34a or b, please explain using an attached statement. 35 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev Proc 75 -50, 1975 -2 C.B. 587, covering racial nondiscrimination? if 'No,' attach an explanation- . .... . . .......,. 35 BAA r_= AOCCU_ 07119/07 Schedule A (Form 990 or 990 -EZ) Schedule A (Form 990 or 990-EZ) 2006 -..,AND VALLEYS JUSTICE CENTER, a Lobbying ExpendRures by Electing Public Charities (See instructions (To be completed ONLY by an eligible organization that filed Form 5768) Check ' a if the or anization belongs to an affiliated group. Check _b _ if you checke Limits on Lobbying Expenditures 36 37 38 39 40 41 42 43 44 (The term 'expenditures' means amounts paid or incurred,) Total lobbying expenditures to influence public opinion lobbying) , , , , - . - , Total lobbying expenditures to influence a legislative body (direct lobbying) ....... Total lobbying expenditures (add lines 36 and 37) . . . , - . . , - , - - . . ...... . ........ Other exempt purpose expenditure& .... ....... ...... ........................ Total exempt purpose expenditures (add lines 38 and 39) .......... ...... Lobbying nontaxable amount. Enter the amount from the following table — If the amount on line 40 is — The lobbying nontaxable amount is — Not over $500,000 .......... 20% of the amount on line Over $500,000 but not over $1,000,000.... , ...... $100,000 Plus 15% of the excess over Over $1,W0,000 but not over $1,500,000. $175,000 plus 10% of the excess over $1,000,0(10 CM Over $1,500,000 but not over 317,000,000......... $225,000 plus 5% of the excess over$11,1_17i Over $17,000,000 .... .. ...... $1,000,000 Grassroots nontaxable amount (enter 25% of line 41) ....... __ .............. Subtract line 42 from line 36, Enter -0- if line 42 is more than line 36 . ............... Subtract I line 41 from line 38. Enter -0- if line 41 is more than line 38 .... __ _ .... 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 th e five columns below. See the instructions for lines 45 through 50.) 41 42 43 44 95-4499687 Page 6 N/A ,a, and 'limited control' provisions aPPIY- (a) (b) Affiliated group To be completed totals for all electing nmanizations Lobbying Expenditures During 4 -Year Averaging Period (b) (c) (d) (e) Calendar year 2005 2004 2003 Total (or fiscal year 2006 beginning in) 45 Lobbying nontaxable amount. 46 Lobbying ceilin� amount (150 /Y. of I i ne 5(e)) ...... 47 Total lobbying expenditures . ...... 48 Grassroots non- taxable amount. 49 Grassroots ceiling amount (150% of line e 50 Grassroots lobbying expenditures ........ - _'�VVP*8.".��.`.' Lobbying Activity by Nonelecting Public, Charities �.: � -A) (See instructions.) N/A_ (For reporting only by organizations that did not complete Part Vi During the year, did the organization attempt to influence national, state or local legislation, including any Yes No Amount attempt to influence public opinion on a legislative matter or referendum, through the use of; ........................... ........ . a Volunteers 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 ....... ... I . 4 ' I I ..... .............. ......... g Direct contact with legislators, their staffs, government officials, or a legislative body...... , . . . . In Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means. i Total lobbying expenditures (add lines c through In.) ... ....... ... ... . . ....... . If 'Yes' to any of the above, also attach a statement giving a detailed description of the lobbying activities, Schedule A (Form 990 or 990-EZ) 2006 BAA TEEAC/105_ 01119107 Schedule A (Form 990 or 990 -EZ ) 2006 _LAND VALLEYS JUSTICE CENTER, IL_ - 95- 4499587 Page 7 prtsf Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See instructions) 51 Did the reporting organization directly or indirectly ge n section e following ig with any political on described in section 501 (c) of the Code (other than section 501(c)(3) Yes Ka a Transfers from the reporting organization to a noncharitable exempt organization of: 51a i X (3 )Cash ........... ....................... ................................ ............................... (H) Other assets. ........ . ...... ........... ...... ........ .. to Other transactions: b i} X .......... (i)Sales or exchanges of assets with a noncharitable exempt organization ............. . . X ., b is) (ii)Purchases of assets from a noncharitable exempt organization-, ... • , ... • • ... ,,, ............................ bin) X (iii)Rental of facilities, equipment, or other assets .. . ............. • • . • .. . • • . X (iv) Reimbursement arrangements, ................. X (v)Loans or loan guarantees .................. 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 d if the answer to any as the above P 'Yes,' complete the,fotlowingschedule. Column (b) should always shah the fair market value o€ the Dods, o �r rises, v ` given by the re ortm or anizafion. If the organization received less than yaaiP.mPrket value in g p g e value Of tale OOaS, aii cl a�acw, Cr ser: an transaction or sharingYarrangement, show in column (d) t 9 (d) (a� (b) (c) Line no. Amount involved Name of noncharitabte exempt organization Description of transfers, transactions, and sharing arrangements 52a Is the organization directly or indirech affiliated with, or related to, one or more tax - exempt organizations 0-11 Yes t" l No described in section 501(c) of the Coe (other than section 501(c)(3)) or in section 527?, ............ . BAA TEEA04061- 01 /19107 INLAND VALLEYS JUSTICE CENTER, INC. MEMO RE: EXEMPT PURPOSE, AND RELATER MATTERS THIS STATEMENT IS MADE IN RESPONSE TO THE FOLLOWING ITEMS CONTAINED IN FORM 990: �M FOR THE YEAR ENDED JUNE 30, 2007 A main purpose of !niand Valleys Justice Center, Inc. (IVJC) is to lessen the burdens of government. As in all parts of this nation, Courts in the County of San Bernardino and Los Angeles are being inundated with civil and criminal filings. The County does not have the funds to hire new judges or to build new courthouses. The need for other venues to handle this problem has arisen. The Board of Supervisors of San Bernardino County has for some time been collecting a fee to be used for the purpose of alternate dispute resolution. That fee is being used to pay various independent alternate dispute resolution (ADR) firms to consult with civil litigants to attempt to resolve disputes by arbitration or mediation instead of going to trial. After the litigants agree to have IVJC arbitrate or mediate their case, they are referred to IVJC for possible resolution. IVJC charges the County of San Bernardino, and to a much lesser extent, the parties to the civil litigation, a fee which is much less than fair market value of arbitration and mediation services. Litigants, many of which are of low income status, have their cases resolved for a fraction of what they would have paid an attorney in the regular civil case trial. The County of San Bernardino benefits by having many of the civil cases resolved in an expeditious manner, without the need to hire more judges and build more buildings, which they cannot afford to do in these challenging economic times. IVJC also contracts with the County of Los Angeles to conduct mediations through a program that is funded under the Dispute Resolution Program Special Fund. The same benefits are derived as through the contract with San Bernardino County and an additional feature of the Los Angeles County contract is that the mediation is free to the parties involved. During the fiscal year ended 6/30/07, IVJC heard a total of 3,571 cases between both the County of San Bernardino and the County of Los Angeles. In general, a case that is tried in the courthouse requires approximately 5 court days to try. Consequently, the 3,571 cases that were heard during the fiscal saved the Counties approximately 17,855 court days, INLAND VALLEYS JUSTICE CENTER, INC. MEMO RE: TRANSACTIONS BETWEEN RELATED PARTIES THIS STATEMENT IS MADE IN RESPONSE TO THE FOLLOWING ITEMS CONTAINED IN FORM 990: FORM 990, PART VI, LINE 80B FORM 990, SCHEDULE A, PART III FOR THE YEAR ENDED JUNE 30, 2007 F� n/ANAQ Inc. 1ViC reimburses joint Costs such as supplies, IVJC shares office space with vn1�,�, -=- utilities, rent, employee salaries, and related expenses, on an at basis. During the fiscal year ended 6/30107, IVJC reimbursed !VAMS $212,755 for such costs. in addition, !VJC paid IVAMS $20.245 for panel fees for the use of IVAMS, int.'s pane! of arbitration and mediation judges. 2006 FEDERAL STATEMENTS PAGE 1 CLIENT IVJCFISC INLAND VALLEYS JUSTICE CENTER, INC. 95-4499687 STATEMENT 1 FORM 990, PART 11, LINE 43 OTHER EXPENSES STATEMENT 2 r- ri r3l A A a r 111, 990, PART IVY LINE 57 LAND, BUILDINGS, AND EQUIPMENT ACCUM. BOOK CATEGORY BASIS ..- -PEPREC. VALUE $ 5,536. $ 5,536. $ 0. FURNITURE AND FIXTURES 9,121. 8 854. 267. MACHINERY AND EQUIPMENT TOTAL 14,390. 267. STATEMENT 3 FORM 990, PART IV, LINE 58 OTHER ASSETS 1. ROUNDING ....................... .... -- ............... . TOTAL $ 1. STATEMENT 4 FORM 990, PART IV, LINE 65 OTHER LIABILITIES * PAYROLL TAXES PAYABLE... - - - . ... ......... ....... .1- $ -- 1-1969. TOTAL $ 1,069. (B) (C) (D) TOTAL - PROGRAM SE RV�ICE. MANAGEMENT & GENERAL FUNDRAISING AUTOMOBILE EXPENSES 6,824. 1,205. 5,800. 1,024. 1,205. DUES AND SUBSCRIPTIONS 7,401. -6,291. 1,110. EQUIPMENT RENTS HEARING JUDGES FEES 238,500. 2,405, 238,500. 2,044. 361, TMqTjRANr.F LEASED EMPLOYEE EXPENSES 107,8071. 9,480, qlx3c' I U..) U. 7,584. 16,17 1 LEGAL AND ACCOUNTING FEES 672, 872. MARKETING 37, 31. 6. MILEAGE 23, 20. 3. OFFICE EXPENSE 20,245, 17,208, 3,037. PANEL FEES PROFESSIONAL ASSISTANCE 5,100. 29,594� 4,335, 25,155. 765. 4,439. RENT REPAIRS AND MAINTENANCE 4,663. 36,300, 3,964, 30,855. 699. 5,445. SUPPLIES TAXES AND LICENSES 15,984. 13,586. 17,342. 2,398, 3,060. UTILITIES 20 402 TOTAL 1::::� 0 6 =r��4 4 �-6�1 �§ --42' '�i' $ 0. STATEMENT 2 r- ri r3l A A a r 111, 990, PART IVY LINE 57 LAND, BUILDINGS, AND EQUIPMENT ACCUM. BOOK CATEGORY BASIS ..- -PEPREC. VALUE $ 5,536. $ 5,536. $ 0. FURNITURE AND FIXTURES 9,121. 8 854. 267. MACHINERY AND EQUIPMENT TOTAL 14,390. 267. STATEMENT 3 FORM 990, PART IV, LINE 58 OTHER ASSETS 1. ROUNDING ....................... .... -- ............... . TOTAL $ 1. STATEMENT 4 FORM 990, PART IV, LINE 65 OTHER LIABILITIES * PAYROLL TAXES PAYABLE... - - - . ... ......... ....... .1- $ -- 1-1969. TOTAL $ 1,069. 2006 FEDERAL STATEMENTS PAGE 2 CLIENT IVJCi+ISC INLAND VALLEYS JUSTICE CENTER, INC. 95- 4499687 STATEMENT 5 SCHEDULE A, PART III, LINE 2 TRANSACTIONS WITH TRUSTEES, DIRECTORS, ETC, SEE FORM 990, PART V. �2 M co LLICl) c 0) M / W � w e -j cr CC K w C, Ci °\ � ^� � � � � d //\ 0 w z < w L) LLJ o ) ) 0 (�\ > m 0 z < \) \ z \� \ \ \ \ \ W . V) C) w LL (D C) C) N Ca w CD c- Lf) gJ � > E5 \ \ CD C3 Cl L) C:) LLJ -1 tD 0 2006 FEDERAL WORKSHEETS PAGE 1 CLIENT IVJCFlSC INLAND VALLEYS JUSTICE CENTER, INC. 95- 4499687 PROJECTED SUPPORT SCHEDULE FOR 2007 THE WORKSHEET INKS SCREEN 55 FOR THE COLUMN 20 6 . TAX YEAR 2007 BASED ON THE DATA SUPPORT ITEMS 2006 2005 2004 (B) tC} 2003 TOTAL (Dl (E} (A) 609, 983. 493, 531. 639, 924. 547,308. 2, 290, 746. 15. GIFTS, GRANTS, AND CONTRIBUTIONS 0, 16. MEMBERSHIP FEES RECEIVED Q. 17. GROSS RECEIPTS FROM ADMISSION5r MERCHANDISE SOLD OR SERVICES PERFORMED, OR FURNISHING OF FACILITIES IN ANY ACTIVITY THAT IS RELATED TO THE ORGANIZATION'S CHARITABLE PURPOSE 1 0. 18. GROSS INCOME FROM INTEREST, DIVIDENDS, SAMOUNT RECEIVED FROM PAYMENTS ON SECURITIES LOANS, RENTS, ROYALTIES, AND UNRELATED BUSINESS TAXABLE INCOME FROM BUSINESSES ACQUIRED BY THE ORGANIZATION AFTER 6/30/1915 a. 19. NET INCOME FROM UNRELATED BUSINESS ACTIVITIES NOT INCLUDED IN LINE 18 0. 20. TAX REVENUES LEVIED FOR THE ORGANIZATION'S BENEFIT AND EITHER PAID TO IT OR EXPENDED ON ITS } BEHALF 0. 21, THE VALUE OF SERVICES OR FACILITIES FURISHED TO THE TAL CHARGE UNIT NITWITHOUT DON NOT INCLUDE THE VALUE OF SERVICES OR FACILITIES GENERALLY FURNISHED TO THE PUBLIC WITHOUT CHARGE 0. 22. OTHER INCOME. DO NOT INCLUDE GAIN (OR LOSS) FROM SALE OF CAPITAL ASSETS 609,983. 493, 531. 639, 924. 547,308. 2, 290, 746. 23. TOTAL OF LINES 15 THROUGH 22 609, 983, 493, 531. 639, 924. 547,308, 2,290,746. 24. LINE 23 MINUS LINE 17 6,100, 4,935. 6,399. 5, 473. 25. ENTER 1% OF LINE 23 ORGANIZATIONS DESCRIBED ON LINES 10 OR 11: 45, 815, 26A. 20 OF AMOUNT IN COLUMN (E), LINE 24 26B. TOTAL OF ALL INDIVIDUAL CONTRIBUTIONS THAT EXCEED THE LINE 0. 26A AMOUNT 2 290 746. (E)) 26C. TOTAL SUPPORT FOR SECTION 509(A)(1) TEST (LINE 24, COLUMN (E) FOR LINES 18, 19, 22, AND 26B 0, 26D. ADD THE AMOUNTS FROM COLUMN 26E. PUBLIC SUPPORT (LINE 26C MINUS LINE 260) 2,290,746. 100,0011/1 26F. PUBLIC SUPPORT PERCENTAGE (LINE 26E DIVIDED BY LINE 26C) Aoo Q W O H u �z � H �H W Z H o0 cr) 0 O H u z H H W z z In m to N [ n Ln H� U z F� V F w W Z U I, S Q w U H 0 V r-� CO CO �T u') LU �+ � Q W J >Q ® a W z LL- z p r-q Lin Ul) a� u 1 rnm rno W�c-tN O N H H W Q V U IL CL O O N LL IL L7 i- 6 w H W U H H H =20 u z a W LL it J zn t� � QI�U o w o�¢ o � c� U YEAR California Exempt Organization FORM_ 2006 Annual information Return 199 For calendar or fiscal ear belinninq month 07 day 01 year 2006 and endin month 06 7box, 30 year 2007 ......................:. ��:-:•:::::..-;::,::::.: �. �::.:;:: c•> �:;.: ao:; a;:. r: e::::; rr- o>:;: a:< a;: ayiS:= i9::';;: �� >:1:�:;:= :::; ":;;S:;S:�:;r>r,:� »:yo-: S yi No >;>;;:::; ss: < >;:;.:.:::•;< .::......:..:.... . . :...:.•...::.:.,::::.,::...•. ..... -- ._...- _ Final return? Check applicable YeA Pp rgedlReo rganizad California corporation number Federal employer identification number (FEIN) Dissolved ❑ Withdtach explanation) If a box is checked, enter da1894037 95- 4499687 Gx�l truros state: ❑ lo9 ❑ too loow Fed: XX990 B 11c th s Ye+ Corporation /Organization name Fed: ❑ 990~2 []990T ❑ 99oPF ❑ lo41 �1120H 1120 INLAND VALLEYS JUSTICE CE1 Address including 8287 WHI City oTnTrrsn r Suite, ROOM, or PMB no. TF. OAK AVENUE CA 91730 ER. INC State ZtP Code C If organization is exempt under R &TC Section 23701d and Is a school, public charity, religious organization, or is controlled by a religious operation, check box. See General Instruction F. No filing fee is required. • o D is this a group filing? See General Instruction N....... []Yes 5 No E Accounting method used , CASH F Type of Exempt under Section 23701 D (insert letter) X organization IRC Section 4947(a)(1) trust Part I Complete Part I unless not required to file this form. See General Instructions B and G. 1 Gross sales or receipts from other sources. From Side 2, Part 11, line 8 .................. . i 1 524, 398 2 Gross dues and assessments from members and affiliates. ...... ...... .......... . . • Z _ 3 Gross contributions, gifts, grants, and similar amounts received. See instructions ........ . ....... .... :: • 3 85 585. Receipts 4 Total gross receipts for filing requirement test. Add line 1 through line 3 g and This line mustbe completed. if the result is less than $25,000, see General Instruction C.-. • 4 609, 983. Revenues 5 - of ............................. . .............. 5 Cost goods sold t I e but 6 to nc os rwf staple, :....:....:::_.__......_ b Cost or other basis, and sates expenses of assets sold.. , ........ any payment.) . . ....... . . . .... 7 7 Total Casts. Add line 5 and fine 6. ................... . . ................ . . . 609 983. ... ............................ 8 8 Total oss income. Subtract line 7 from line 4 .... .... . .. ... l 9 566,361. 9 Total expenses and disbursements. From Side 2, Part 11, line 18 .... . . . ...... . . • .. • - . • • . • . Expenses 10 Excess of receipts over ex eases and disbursements. Subtract line 9 from line a., ..... - . • . • 10 43, 622 . 11 Filing fee $10 or $25, See General Instruction F ... ... ...... ... . . ...... ... • ... • • 11 -- Filing I 11? Fee 12 Penalty for failure to file on time. See General instruction L ...... . ........ . • . ....... . , . 13 Use tax. See General Instruction M ..................... .....•.................,,...... • 13 _ — ... 14 14 Balance due. Add line 11, line 12, and line 13 ........... .. ... . .... ..... .. • ... , ... ... ..... , - 15 if exempt under R &TC Section 237014, has the organization during the year: (1) participated in any political campaign ballot measure, or (3) made an election under R &TC Section 23704.5 or (2 attempted to influence legislation or any (relating to lobbying by public charities)? If 'Yes,' complete and attach form FTB 3509, Political or Legislative Activities to Yes X Na ❑ ❑ by SeCg 237014 Organizakions ......... , .. 16 Did the organization have any Changes in its activities, governing instrument, articles of incorporation, or bylaws that have not been reported to the Franchise Tax Board? If 'Yes,' complete an explanation and attach copies of . ....................... Yes ( No B revised documents ......................... ............................... Yes X No 17 Is the organization exempt under R &TC Section 237018 ? ............. . . • • . • • • _ . • • • ....... • , .... , . • . . • ......... .. If 'Yes,' enter amount of gross receipts from nonmember sources.... $ ? aYes 1-1 NO 18 Did the organization file Form 100, Form 1005, 100W, or Form 109 to report taxable income .......................... If 'Yes,' enter amount of total income reported.. .. . $ 19 The financial records are in care of, WITTENBERG & WITTENBERG, CPA' S Daytime telephone 626- 337 -6138 locatedat 767 S. SUNSET #6, WEST COVINA, CA 91pp790 pr parerahasnany knowledgebest of my knowledge and belief, fl is true, Under penalties of pis based on nformation of schedules and (than correct, Declarration of prepa ere(other taxpayer) all Please Sign Here Paid /.- Preparer's Paid signature Preparer's WITTENBERG & WITTENBER , CPA~ S Use Only Firm's me (or Yours, if ►- 767 S. SUNSET AVENUE #6 emptoyed) and address WEST COVINA, CA 91790 For Privacy Notice, get form FTB 1131 Title vase • yUy`9 bb`lba� Daytime telephone Date ChecK Paid prepater's SSN or PTIN it se r 7_ /C) 7 employed R • P00079887 VC . FEIN • 95- 4773515 r DavnmeWephone (626) 337. -6138 051 3651064 r�� CACA1112_ ttittrce Form 199C1 20065ide1 CALIFORNIA FORM TAXABLE YEAR 2006 Corporation Depreciation and Amortization 3885 Attach to Form 100 or Form 100W. FORM 199 California corporation number Corporation name INLAND VALLEYS JUSTICE CENTER, INC. 1894037 Part I Eiection to Expense Certain propeq Under IRC Section 179 1 $25,000 1 Maximum deduction under Section 179 for California ..... ...... . ............... . ................. • • � • • � 2 2 Total cost of Section 179 property placed in service ........................... • - ......... • ........... • • • —. 3 Threshold cost of Section 179 property before reduction in limitation ......... .............. • ......... • .. • • 3 _ $200,000 4 Reduction in limitation. Subtract line 3 from line 2. If zero or less, enter - 0•............ 4 5 Dollar limitation for tax year, Subtract line 4 from line 1. if zero or less, enter •0• ............ . 5 b Cost (business s suse onl (c ) Elected c as t (a) Description of property - 7 Listed property (elected Section 179 cost) .. . ........... . ............... 8 Total elected cost of Section 179 property. Add amounts in column (c), lines 6 and 7 ............... ........ 9 Tentative deduction. Enter the smaller of line 5 or line 8 ..... ............................... . 10 Carryover of disallowed deduction from prior years .... ............................... • ............ , 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5. . ..... ...... . 12 Section 179 expense deduction. Add lines 9 and 10, but do not enter more than line 11 . .................... . 13 Carryover of disallowed deduction to 2007. Add lines 9 and 1u, less line 12 .. .. 13 Part II Depreciation and (a) 14 Description of property ttectton 01 ACOt (b) Date acquired tonal r trst r rnr 6 (c) Cost or other basis xN�,t�� � � (d) Depreciation allowed or allowable in earlier years • -• • - - (e) Depprecla- tion method - (n Life or rate (g). Depreciation for this year (h) Additional first ar de rec afion p EQUIPMENT FURNITURE 7/01/99 c/n-1/ a It U�-r 9- 9/22/03 8,055. 5-536, 1,066, 8,055. 5,471. 586. 5/L S/L S/L 7 7 5 65. 213. COMPUTER 15 Add the amounts in column (g) and column (h). The combined total of column (h) may not 15 f... 1;— 1d rnh,mn (h) 1 .1 ......... ................ I 278 . _..__ Part III Summary 16 Total: If the corporation is electing: IRC Section 179 expense, add the amount on line 12 and line 15, column (g) or and h Additional first year depreciation under R & TC Section 24356, add the amounts on tine 15, columns (g) O 15 or Depreciation (If no election is made), enter the amount from line 15, column (g)..... . .. 17 17 Total depreciation claimed for federal purposes from federal Form 4562, line 22. ............................. . 18 Depreciation adjustment. if line 17 is greater than line 16, enter the difference here and on Form 100 or Form 100W, Side 1, line 6. if tine 17 is less than line 16, enter the difference here and on Form 100 or Form 100W, Side 1, line 12. (if California depreciation amounts are used to determine net income before state adjustments 18 on Form 100 or Form 100W, no adjustment is necessary.),. ...... ....................... • ... • . • , • . Fart IV Amortization 19 (a) Description of property (b) Date acquired (c) Cost or other basis (d) Amortization allowed or allowable in earlier years (e) R &TC section if} Period or percentage ti Amorti zation r for this year 20 Total. Add the amounts in column (9) ......... ....... ............................... 21 Total amortization claimed for federal purposes from federal Form 4562, line 44 .......... . ................. 22 Amortization adjustment. if line 21 is greater than line 20, enter the difference here and on Form 100 or Form 100W, Side 1, line 6. If tine 21 is less than line 20, enter the difference here and on Form 100 or -- , : -- ,Q ... 20 21 22 CACM601U 12/07/06 051 1 7621064 1 FTB 3885 2006 2006 CALIFORNIA STATEMENTS PAGE I CLIENT IVJCFISC STATEMENT1 FORM 199, PART 11, LINE 7 OTHER INCOME INLAND VALLEYS JUSTICE CENTER, INC. ............ , 1. 1 ......... - ....... PROGRAM SERVICE REVENUE ...... ......... ............. --- ........ ... ... TOTAL STATEMENT 2 FORM 199, PART 11, LINE 11 COMPENSATION OF OFFICERS, DIRECTORS, AND 1 RUST Er-ES 95-4499687 4,398. 520,000. NAME AND TITLE AND AVERAGE HOURS PER WEEK ---aE-VOTED COMPEN- SATIQN pj- CO T CON-1 BUTTON TO EBP & DC EXPENSE ACCOUNT/ _ADDRES.. THOMAS NUSS DIRECTOR $ 0. $ 0. $ 0• 8055 CALLE CARABE COURT NONE RANCHO CUCAMONGA, CA 91730 SAY CIANCRETTI CHAIRMAN 0, 0. 0. 1027 S. HILLWARD STREET NONE WEST COVINA, CA 91791 JAMES H. PIATT DIRECTOR 0. 0. 0. 956 EL MIRADOR STREET NONE UPLAND, CA 91784 STATEMENT3 FORM 199, PART It, LINE 17 OTHER EXPENSES 6,824. 1,205. 7,401. 238,500. 2,405. 107,807. 9,480. 872. 37. 23. 20,245, 5,100, 29,594. 4,663. 36,300. 15,984. 20,402. $ 506,842. ,r MAIL TO. Registry of Charitable Trusts P.O. Box 903447 Sacramento, CA 94203 -4470 Telephone: (916) 445 -2021 WEBSITE ADDRESS: http:lla g.ca.govlchariti es1 ANNUAL REGISTRATION RENEWAL FEE REPORT TO ATTORNEY GENERAL OF CALIFORNIA Sections 12566 and 12587, California Government Code 11 Cal. Code Regs, sections 301 -307, 311 and 312 Failure to submit this report annually no later than four months and fifteen days after th e end of the organization's accountingg period may result in the loss of tax exemption and asedefined neGove Government Code Section 8n2p86,1, IRS extensions Wit beth nor penalties CAVA9801L 08 /lblob Check if: State Charity Registration Number HAmencled Change of address report INLAND VALLEYS JUSTICE CENTER, INC. Name of Organization 8287 WHITE OAK AVENUE Corporate or organization No. 1894037 Address (Number and Street) RANCHO CUCAMONGA, CA 91730 Federal Employer ID No. 95- 4499687 City or Town State ZIP Code ANNUAL REGISTRATION RENEWAL FEE SCHEDULE (11 Cal. Code Pegs. sections 301-307,311 and 312) Make Check Payable to Attorney General's Registry of Charitable Trusts Gross Annual Revenue Fee I r;rncc Annual Revenue Fee Gross Annual Revenue Fee Less than $25,000 0 Between $109,001 and $250,000 $50 Between $1,000,001 and $10 million $150 Between $25,000 and $100,000 $25 Between $250,001 and $1 million $75 Between $10,000,001 and $50 million $225 Greater than $50 million $300 PART A — ACTIVITIES For your most recent full accounting period (beginning 7/01/06 ending 6/30/07 )list: Gross annual revenue $ 609, 983. Total assets $ 48.100. PART B — STATEMENTS REGARDING ORGANIZATION DURING THE PERIOD OF THIS REPORT Note: If you answer'yes' to any of the questions below, you must attach a separate sheet providing an explanation and details for information required. each 'yes' response. Please review RRF -1 instructions for Yes No I 1 During this ^ ^r+' ^^ ^ eriod, were there any contracts, loans, leases or other financial transactions between the I and officer, director trustee thereof either directly or with an entity in which any such officer, I organization aiiy or X director or trustee had any financial interest? 2 During this reporting period, was there any theft, embezzlement, diversion or misuse of the organization's charitable pro ert or funds? 3 During this reporting period, did non• ro ram expenditures exceed 50% of gross revenues? F1 X 4 During this reporting period, were any organization funds used to pay any penalty, fine or judgment? If you filed a Form 4720 with the internal Revenue Service, attach a copy. X 5 During this reporting period, were the services of a commercial fundraiser or fundraising counsel for charitable purposes used? If 'yes,' provide an attachment listing the name, address, and telephone number of the X service provider. 6 During this reporting period, did the organization receive any governmental funding? if so, provide an attachment listing the name of the agency, mailing address, contact person, and telephone number. X 7 During this reporting period, did the organization hold a raffle for charitable purposes? If'yes,' provide an attachment indicating the number of raffles and the date(s) they occurred. X 8 Does the organization conduct a vehicle donation program? If 'yes,' provide an attachment indicating whether contracts with a commercial fundraiser for the program is operated by the charity or whether the organization X charitable purposes. 9 Did your organization have prepared an audited financial statement in accordance with generally accepted accounting X principles for this reporting period? Organization's area code and telephone number 909- 466 -1665 Organization's e -mail address I declare under penalty of perjury that I have examined this report, including accompanying documents, and to the best of my knowledge and belief, it is true, correct and complete. Signature of authorized officer Printed Name Title Date oac_-t r�_nnti CAVA9801L 08 /lblob APPLICATION CHECKLIST Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496.. 1. APPLICATION FORM P-- 2. BUDGET PROPOSAL (ATTACHMENT A) 3. BOARD OF DIRECTORS AFFIDAVIT 4. ORGANIZATION BY-LAWS 5. CHARTER OF ARTICLES OF INCORPORATION 6. IRS TAX EXEMPT STATEMENT 7. MOST RECENT AUDITED FINANCIAL STATEMENT 8. PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 18, 2008. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 LATE APPLICATIONS WILL NOT BE ACCEPTED. APPLICATIONS THAT HAVE BEEN ALTERED FROM ITS ORGINAL FORMAT WILL ALSO NOT BE ACCEPTED. 6 -S FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2009-2010 PLEASE TYPE OR PRINT -A "'' °"" I AGENCY INI-1- Agency Name: Agency AddreE I MU I I IL I.i I Street City Zip Code I Administrator: Administrator Telephone4� Fax: Project Site Address: Number 1 1-5 Street t City Zip Code title: ,�z 61!,�!e6L Project Manager: V 2 Project Manager's Telephone: 313 Fax: /ArX Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional Has the Agency previously received funding from the City of Baldwin Park? Yes (if yes, number of years No Grant Amount Requested WTM i��� 0 Oco 60 -,6 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.E� homeless ,,y9uth, �)h�)-elderly, disabled, hand cappedj 1, etc.) ,4 ; h, Describe any special character)stiq population. )of your cli7nt A increase in Funding Request - If your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 7 regarding Presumed Benefits. Does your agency obtain this information? r-:/- Yes No If yes, does your intake sheet and supporting documentation obtain the following: 1 Name Yes No 2. Address Yes No 3. City in which client last resided. Yes No 4. Number of family members. Yes No 5. Total family (household) income. Yes No 6. Ethnicity Yes No 7. Female head of household Yes No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children ■ Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons ■ Homeless persons • Migrant farm workers Which, further describes the activity you are proposing? A) , The project will benefit a presumed benefit* clientele as defined by HUD. B) V1 The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible-income persons. rr In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. • • 0) 0 co as CL CL C) CD C;) C) N U M CL L) C13 0,0 IM .0 ca C) C) 04 C) C) N as r"N ca CL U) L L co U) cu 0 CL 5 (1) o ICE 7, ca "Fu U) Co u cu 0 cu CD cn ca c 0) C 0 E N m ',f m co r` CO a) m r N M u • U � co as .a C3 0 r CD C,4 F- A,f rs CO m A C U' J co L L U c O O N O i-- cSS Q Cll — cq S� =— CL Z3 CL u) L— a) J m E X W C7) CIS Q) Q Q U - Cll C/) �D V L i LiI O N C O_ U) C m U C CO 0 U Q -, ttf Q) 0 O (1) O E � a C co C i O 0- U CM C C C C C = -O +�+ 0 IY _ F- O d C6 O U O U cn U s C Q 4-• 0 O I— O F- Please list names of members and officers of the Board of Directors of this Agency (Attached an additional sheet, if necessary). If there are changes in the Board membership after the request is submitted, the City of Baldwin Park must be notified in writing. Name TTe' Term Expires 1 'J) J, BALDWIN PARK RESIDENTS 2. & oo -- NON-BALDWIN PARK RESIDENTS 3. 14. I 1 F- 5. Name of Executive Director �2' jjz-, Please provide the actual number of your total clients to date and the proiected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year Actual Projected._ 07/1/08 TO Current 07/01/09 TO 06/30/10 BALDWIN PARK RESIDENTS & oo -- NON-BALDWIN PARK RESIDENTS CERTIFICATION All OFg8Oiz@tODG that submit this @DDliC@t0O DOUSt D[OVde 3CCU[@t8 data CODC8[DiDg the DUDlh8[ and iDCODl8 l8VS( of clients. Estimates are UD3CC8Ot@hl8 except for Sf8rt-UD agencies. This stipulation shall also apply to all organizations, which are subsequently @YV@R1ed funding. Any O[g@Diz8tiOD that falsifies iDfOrU@fi0D' either @CCid8O[BllV or intentionally, shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. AGENCY CERTICATION As the Executive Director, 0[ duly authorized representative OF 1. 1 certify that the applicant is fully capable of fulfilling its obligation under this proposal. This application is Suhmiffiari fn nr virip thp services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. —^ I certify\ and declare under D8O8UnOfDprU[V that the information provided iOthis application is true and correct. Signature Phone Number & ... Title of Officer Date CON41 961 The East San Gabriel Valley Coalition for the Homeless is a Coalition of P'_!-l_ A __ A L.... [. .��rl: .r :A� r^�wnr/1 AT +kL1 0 � � -Inn kiln -l-An- Faltn /"gnu communiLy groups Holding a MUC 101160 v1 aJco�ogicall C111U MA111011 ltarian beliefs with a common goal to show compassion to the homeless In the community. The Coalition feels strongly that both church and society are called to turn Attention beyond themselves to those who suffer, especially the poor, the Hungry and the Homeless. (job 24:5 -8) K 61 MI 0 a 15 TONY MILLER, Acting Secretary of State of the State of 'California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this SEP 0 8 1994 Acting Secretary of Stale M Board of Directors — East San Gabriel Valley Coalition for the Homeless President: Angelica Michail Dixie Bateman 9/12/07 17951 Calle Barcelona 152 Leucadia Road 4 Officers Rowland Heights, CA 91748 (626) 964-8601 (626) 290-5128 (0 abinichail(Di yahoo,coni Vice Pres. Treasurer Brian Sinclair 2965 Garona Drive Hacienda Hts., CA 91745 (626) 336-3973 (213) 798-0873 C) ,bts1ncla1r4i)pacbe1[jie Fax: (323) 728-9496 Asst. Treas. Bob McKennon (Donna) (2) 2605 S. Kiska Hacienda "fcv., 0 A 01 7A < (626) 336-8603 626-221-5885 (0 M c K e ring nLoroadrun ner. coin Secretary Marilyn Matthews (Al) )2) 16320 Sierra Ridge Way. zn Hacienda Hts., CA 91745 (626) 336-2014 almatthews(c)yahoo.com Executive Director — Irene Kubo 927 Folkstone Ave. Hacienda Hts., CA 91745-1205 626-333-7135 626-392-4563 (0 1kUbo9535(&aol.com EAC Director — Colleen Castellano 1340 Glendora West Covina, CA 91790 (626) 893-9152 C co aol ll in cokiebe� - Li� �Z'- - " La Habra Hts., CA 90631 9 Directors (562) 697-3552 (7 for quorum) Diane Hesterman 1152 Hastings Ct. San Dimas, CA 91773 909-599-8785 (H) rfiestrniii�i�niincispr'lll().Col,n Dave Klocksieben. 2290 Lerona Ave Rowland Hts., CA 91748-3900 626-347-9744 (0 FAX: 626-465-1003 daveklock,(" msii.com Gloria Manglani-Mojarro 2482 Via Cielo Hacienda Hts., CA 91745 (626) 333-8427 (626) 676-9729 C Paul & Jan McCay (2) ,Cn') 11T. f1 "llar' St. UVj VV %jai U 13 Glendora, CA 91740 626-335-1969 immc6(a)verizon.net, Margo Noll 149 Windeniere Lane Glendora, CA 91741 (626) 852-0737 marqo.no11(c-)verizon.net. Patrick Medlock, CPA 1199 S. Fairway Dr., Ste 11 Walnut, CA 91789-2832 (909) 598-8990 (W) (909) 912-5691 (H) (909) 556-3196 C Fax: (909) 598-5291 p��Iiiicpaf.4,,,prodlo .11cl INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS PO BOX 93256 CITY OF.INDUSTRY, CA 91715-3256 DEPARTMENT OF THE TREASURY Employer Identification Number: 95- 4508436 DLN: 17053265723097 Contact Person: SRAWNDEA KREBS I:D4 317'72 Contact Telephone Number.: (877) 829 -5500 Public Charity Status: 170 (b) (1) (A) (vi) Dear Applicant: Our letter dated April 1995, stated you would be exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code, and you would be treated as a public charity, rather than as a private foundation, during an advance ruling period. Based on the information you submitted, you are classified as a public charity under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as an organization exempt from Federal income tax under section 501(c)(3) of the Code. Publication 557, Tax - Exempt Status for Your Organization, provides de.tai.ied information about your rights and responsibilities as an exempt organization. You may request a copy by calling the toll. -free number for forms, (800) 829 - 3676. Information is also, available on our Internet Web Site at www.irs.gov. If you have general questions about exempt organizations, please call. our toll -free number shown in the heading. Please keep this letter in your permanent records. Sincerely yours, Robert Choi Director, Exempt Organizations Rulings and Agreements Letter 1050 (DO /CG) BYLAWS OF EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS (October 24, 2000) ARTICLE I OFFICES Section 1.1. Offices The Corporation may have an office at such place as the Board of Directors may from time to time determine. Section 2.1. General The purposes of the Corporation are as follows: (a) To operate and act exclusively for charitable and educational purposes within the meaning of Section 501(1) (3) of the Internal Revenue Code of 1986, as amended (the "Code "). (b) We are organized for the purpose of providing shelter for the homeless: single women, women with children, men with children, and intact families, regardless of race, religion, color, national origin or age. It is our intent to provide temporary support; aiaea:as and motivation for a more permanent solut.on. Activity will be initiated as funding is available. This is an East San Gabriel Valley Coalition and activities will be conducted in this area by the officers and other volunteers. (c) To receive and administer assets exclusively for charitable and educational purposes. (d) To conduct any and all activities and exercise any and all such powers as are necessary to the achievement of the foregoing and in furtherance of the purposes of the Corporation. ARTICLE III MEMBERSHIP Section 3.1. Members (a) The members of this Corporation shall consist of all churches, service organizations, or individuals which provide financial or volunteer support for the operation of this Corporation in minimum amounts as determined from time to time by the Board of Directors. 11 (b) Each member of this Corporation shall have one (1). vote in the election of the members of the Board of Directors, and on such other matters as members are specifically authorized and requested to vote on, from time to time, by the Board of Directors. Section 3.2. Annual Meeting An annual meeting of the members of this Corporation shall be held each year; on a date set by the Board of Directors, within three (3) months after the close of each fiscal year and shall be held for the purpose of electing Directors to the Board. Section 3.3. Special Meetings Special meetings of the members may be called at any time by the President, or upon the written request of a majority of the board of Directors, by the Secretary. A special meeting may be called and held only for the purpose or purposes specified in the notice of the meeting. Section 3.4. Notice of Special Meeti . Written notice of the time, place and purpose of each special meeting shall be sent to each member by mail, telegraph or other form of written communication, charges prepaid and addressed to the member at its address shown in the records of this Corporation, not less than ten (10) nor more than thirty (3 0) days before the date of the meeting. Mailed or telegraphed notice shall be deemed given when deposited in the United States mail or delivered to the telegraph company in the place in which the principal office of this Corporation is located, as the case may be. Section 3.5. Entry of Notice If a member is absent from a special meeting, an entry in the + that +:�o has h --- d,�;lv R,�,en to the members or all members shall the minutes to he of GcL LhaL not— sauv , vPpn J n• create a rebuttable . presumption that due notice of the special meeting was given to the absent member, as required by law and these Bylaws. ARTICLE IV BOARD OF DIRECTORS Section 4.1. Functions Except as specifically provided in the Corporation's Articles of Incorporation or these Bylaws, all rights, powers, duties and responsibilities relative to the management and control of the Corporation's property, activities and affairs are vested in the Board of Directors, herein sometimes referred to as the "Board." In addition to the power and authority expressly conferred upon it by these Bylaws and the Articles of Incorporation, the Board may take any lawful action on behalf of the Corporation which is not by law or by the Articles of Incorporation or these Bylaws to be taken by some other party. Section 4.2. Number Selection and Term The number of Directors which shall constitute the Board shall be not less than seven nor more than fifteen. The first Board shall consist of seven Directors appointed by the Incorporator at the Organizational Meeting of Incorporator. They shall serve for one, two or three year terms, as determined by the Incorporator. Thereafter, the Directors shall be elected by the members of this Corporation, from nominations presented to the members of the Board. The Board shall nominate one or 22 more individuals for each position to be filled. All Directors shall hold office for the term for which he or she is appointed and until his or her successor is appointed and qualified, or until such Director's resignation or removal. Section 4.3. Restriction on Interested Directors No interested director shall serve on the Board at ant one time. An interested person is (i) any person being compensated by the Corporation for services. rendered to it within the previous 12 months, whether as a full -time or part-time employee, independent contractor or otherwise, excluding any reasonable compensation paid to a director as director; and (ii) any brother, sister, ancestor, descendant, spouse, brother -in -law; sister -in -law, son -in -law, daughter -in -law, mother -in -law or father -in- law of any such person. Any violation of the provisions of this paragraph shall not, however, affect the validity or enforceability of any transaction entered into by this Corporation. Section 4.4. Meetin�zs .(a) Annual meting of the Board shall be held on such date and time as the Board shall determine, commencing with the year 1995, for the election of Officers and for the transaction of any other business which may come before such meeting at any place within or without the State of California which has been designated from time to time by the Board. There shall be regular monthly or bimonthly meetings at such times and places as may be fixed from time to time by the Board. (b) Special meetings of the Board may be called by the Secretary of the CQr13QFatlora upon_ the request of the President or of not less than one -third (1/3) of the Directors, Section 4.5. Notice of Meetings (a) Written notice shall be given to the Directors at least ten (10) but not more than sixty (60) days prior to an annual meeting of the Board of Directors. No notice is required for a regular meeting of the Board. Special meetings of the Board shall be held pursuant to notice of the time, place and purpose thereof either delivered personally or sent by telephone, telegraph or mail to each Director not less than twenty -four (24) hours prior to the meeting, and if by telephone or telegraph, confirmed in writing before or after the meeting. (b) Notwithstanding the foregoing, no notice need be given to any person who submits a signed waiver of notice before or after a meeting, or who attends a meeting without protesting any lack of notice. Section 4.6. Resignation Subject to the provisions of Section 5226 of the California Nonprofit Public Benefit Corporation Law, a Director may resign by giving written notice to the Secretary of the Corporation which notice shall immediately be forwarded to the Board. Unless otherwise specified in the resignation, the resignation shall take effect upon receipt by the Secretary, and the acceptance of the resignation shall not be necessary to make it effective. 33 Section 4.7, Removal Any Director elected by the majority of the members may be removed at any time, with cause, by a vote of a majority of the Directors of the Corporation, Such cause shall include, without limitation, the failure of a Director to attend three regular Board meetings without justification acceptable to the other Directors. Section 4.8. • Vacancies Any vacancy on the Board of Directors among those Directors elected by the Incorporator or the members, whether by reason of expiration of term or otherwise, shall be filled by affirmative vote of a majority of the remaining Directors of the Corporation. Any Director so appointed shall serve as a Director of the Corporation for the remainder of the tern, of the replaced Director and until his or her successors are appointed and qualified. Section 4.9. Votin The vote of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board unless a greater vote is required by law, by the Articles of Incorporation or these Bylaws. Each Director present shall have one vote. Section 4.10. Compensation of Directors The Directors, as such, shall not be compensated for the performance of services for the corporation, but may, by resolution of the Board, be reimbursed for expenses incurred on behalf of the Corporation. ARTICLE V OFFICERS Section 5.1. Officers The Officers of the Corporation shall be President, Vice President, Secretary and a Treasurer. The Officers shall be elected by the Board at its first meeting and at each annual meeting thereafter. The Board of the Corporation may from time to time elect or appoint other Officers as the Board may deem advisable, and such Officers shall have such authority, and shall perform such duties as from time to time may be prescribed by the Board. In addition to the powers and duties of the Officers of the Corporation as set forth in these Bylaws, the Officers shall perform such duties as from time to time may be determined by the Board. Section 5.2. President The President shall be the Chief Executive Officer of the Corporation. He or she shall preside at all meetings of the Board. The President shall perform such other duties and functions as shall be assigned to him or her from time to time by the Board. He or she shall be, ex officio, a member of all standing comirdttees. the President shall, unless otherwise provided by resolution of the Board, possess the power and authority to sign all certificates, contracts, instruments, papers and documents of every conceivable kind and character whatsoever in the name of and on behalf of the Corporation. Section 5.3. Secretary The Secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, attend to the giving or serving of all notices of the Corporation and sign with the President, in the name of the Corporation, all contracts when 44 authorized to do so. The Secretary shall have charge of such books and papers as the Board shall direct, all of which shall at all reasonable times be open to the examination of any Director, and shall in general perform all the duties incident to the office of Secretary, subject to the control of the Board. Section 5.4. Treasurer The Treasurer shall be the Chief Financial Officer of the Corporation, and shall have custody of all the funds and securities of the Corporation, endorse on behalf of the Corporation for collection checks, notes and other obligations, and shall deposit the same to the credit of the Corporation in such bank or banks or depository or depositories as the Board of Directors may designate; sign all receipts and vouchers for payments to the Corporation, enter or cause to be entered regularly in the books of the Corporation kept for that purpose full and accurate accounts of all moneys received and paid on account of the Corporation, and whenever required by the Board shall render statements of such accounts; shall, at ail reasonable times, exhibit the books and accounts to any Director of the Corporation; and shall perform all acts incident to the position of Treasurer, subject to the control of the Board. Section 5.5. Vice President The Vice President shall perform the duties and exercise the powers of the President during the absence or unavailability of the President, and shall have such additional powers and perform such additional duties as shall from time to time be assigned to him or her by these Bylaws or by the Board. Section 5.6. Assistant Secretary and Assistant Treasurer The Board shall elect an e—;�f —t Treasurer and an Assist?„ t Secretary who will have the powers or duties herein 1 1Jill J b1.LL I t L assigned to the Treasurer and Secretary in the absents of the Treasurer and /or Secretary. Section 5.7. Giving of Bond of Officers All Officers of the Corporation, if required to do so by the Board, shall furnish bonds to the Corporation for the faithful performance of their duties, in such penalties and with such conditions and security as the Board shall require. The Corporation shall assume the cost of providing any bond required hereunder. Section 5.8. Compensation of Officers No Officer of the Corporation shall be compensated for the performance of services for the Corporation, but may, by resolution of the Board, be reimbursed for expenses incurred on behalf of the Corporation. Mal. - M0, -, U9104161116011 Section 6.1. General (a) The Board shall recruit individuals with specific skills for the following clearly defined responsibilities. The Board, in its discretion, may designate other responsibilities including Property and Project responsibilities with such other duties and powers as it may provide in order to carry out the progress and purposes of the Corporation. 55 (b) The Board shall appoint the members. of. each. committee; provided, however, that each committee shall include at least one member of the Board of Directors. The Executive Committee shall consist of the President, Vice President, Secretary, and Treasurer. Section 6.2. Executive Committee The Executive Committee shall perform the following responsibilities: (a) Designate the chairperson of each committee, including the Executive Committee; (b) Appoint the Program Director(s) ; (c) Perform annual reviews of the duties and other conditions of employment and working arrangements with salaried and volunteer staff, (d) Prepare a proposed Annual Budget; and (e) Perform such additional responsibilities as may be directed by the Board. Section 6.3. Promotion Committee The Promotion Committee is composed of a Promotion Director and at least three Coordinators: Media Coordinator; Church Coordinator; and Publication Coordinator. The Promotion Committee may also appoint other coordinators for special purposes. The Promotion Committee will develop and implement a public relation strategy which will create an awareness of East San Gabriel Valley Coalition for the Homeless within church congregations and the larger community. Section 6.4. Fund - Raising Committee The Fund - Raising Committee is composed of a Financial Development Director and at least three Coordinators: Church Giving Coordinator; Individual Giving Coordinator; and Business Giving Coordinator. The Fund - Raising Committee may also appoint other Coordinators, including a Grants Coordinator, for special purposes. The Fund - Raising Committee will develop and implement a comprehensive fund- raising program that will give the Corporation a solid financial basis. ARTICLE VII DISSOLUTION Section 7.1. General In the event of dissolution of thg corporation all of the C©rppration's assets, real and personal, shall be distributed to such charitable organizations or organization as are qualified as tax exempt under Section 501(c)(3) of the Code or corresponding provisions of any subsequent federal income tax laws as the Board of the Corporation shall determine. Any such assets not so disposed of, for whatever reason, shall be E disposed of by order of a Court with appropriate jurisdiction to such organization or organizations as said Court shall determine, which are organized and operated exclusively for charitable purposes. Section 7.2. No Inurement No part of the net earnings or assets of the Corporation shall be distributed to or inure to the benefit of any Director or Officer of the Corporation, member, contributor, or private person. ARTICLE VIII ANNUAL AUDITS AND FISCAL YEAR Section 8.1. Annual Audits There shall be an annual audit or compilation of the annual Financial statements of the Corporation by an independent certified public accountant or other qualified person approved by the Board. Section 8.2. Fiscal Year The fiscal year of the Corporation shall be July 1 to June 30 of the following year. ARTICLE IX MISCELLANEOUS PROVISIONS Section 9.1. Contracts, Conveyances, etc. All conveyances, contracts and instruments of transfer and assignment shall be specifically approved by the Board of Directors and shall be PvA�„tP� on behalf of the Corporation by such Officers or agents as may be specifically --cut— , authorized by the Board. Section 9.2. Execution of Instruments All Corporation instruments and documents including, but not limited to, checks, drafts, bills of exchange, acceptances, notes or other obligations or orders for the payment of money shall be signed by the Treasurer and one other authorized signature. Section 9.3. Adjourned Meetings A majority of the Directors present, whether or not a quorum, may adjourn any meeting to another time and place. Notice of such adjourned meeting shall be given even though the time and place thereof are announced at the meeting at which the adjournment is taken. Section 9.4. Quoru m The presence of a majority of the total number of Directors then in office shall constitute a quorum for the transaction of business. Section 9.5. Method of Giving Notices Any notice required by statute or by these Bylaws to be given to the Directors, or to any Officers of the Corporation; unless otherwise provided herein or in any statute, shall be given by mailing to such Director or Officer at his last address as the same appears on the records of the Corporation and such notice shall be deemed to have been given at the time of such mailing. 77 . Section 9.6. Participation in Meeting by Telephone By oral or written permission of a majority of the Board, a member of the Board or of a committee designated by the Board may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating_, in the meeting can hear each other. Participation in a meeting pursuant to this Section 9.6 constitutes presence in person at the meeting. Section 9.7. Construction and Definitions Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the General Provisions of the California Nonprofit Corporation Law and in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Section 9.8. Prod, 'Motes No pro-1.Y vote will be accepted. ARTICLE X AMENDMENTS AND ADDITIONS Section 10.1. Amendments These Bylaws may be altered or amended at any duly called meeting of the Directors at which a quorum is present by a majority vote, provided that written notice naming the substance of the proposed amendment has been sent to each Director at least ten (10) days in advance of the date of the meeting, unless such notice is waived by all the Directors; provided, however, that no amendment to these Bylaws shall be effective unless and until the same has been approved in writing by East San Gabriel V ai]ey Coalition for the Homeless. Section 10.2. Rules and Regulations The Board may adopt additional rules and regulations, general or specific, for the conduct of their meetings, and additional rules and regulations, general or specific, for the conduct of the affairs of the Corporation provided, however, no such additional rule or regulation shall be inconsistent with or in contravention of any provisions of the Articles of Incorporation or these Bylaws, Section 10.3. Review These By -Laws shall be reviewed periodically, EM rm n 'chter &Rubin An AccountancY Corpnratior� Certified Public Accountants To the Board of Directors East San Gabriel Valley Coalition for the Homeless We have audited the accompanying statement of financial position of East San Gabriel Valley Coalition for the Homeless as of June 30, 2006, and the related statements of activities, functional expenses, and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. 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 fin.,nci(al ter„o.,ts on audit -also includes assessing the accounting nrincfn ►es used and iitt the t�� jai ���ca� stasc::� � ��..� ed,a. � E � r.... _.� significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides 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 -East San Gabriel Valley Coalition for-the Homeless as of June 30, - 2006, and changes in its net assets and cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. S •.. .. • ,:� • �. Covina, California November 3,-2006 858 South Oak Park Road Suite 200 • Covina, CA 91724 -3674 • 626.915.7666 • Fax 626.331.7607 • email Covina @FRRcpa.com 10722 Arrow Route • Suite 520 • Rancho Cucamonga, CA 91730 -4840 •909.944.0085 • Fax 909.948.2719 • email Rancho @FRRcpa.com www.FormanRiclitet-Rubin.coni 9=n4ZT C ®AI rZAPPIPI VAI I F=Y L. rliJ 1 y!—al vr'avr� COALITION FOR THE HOMELESS FiwveNCiL STATEMENTS EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF FINANCIAL POSITION June 30, 2006 ASSETS CURRENT ASSETS Cash Grants receivable Prepaid expenses TOTAL CURRENT ASSETS FIXED ASSETS (Notes 2 and 3) TOTAL ASSETS CURRENT LIABILITIES Accrued expenses NET ASSETS Unrestricted TOTAL LIABILITIES AND NET ASSETS The accompanying Notes to Financial Statements are an integral part of this statement -2- $ 100,672 3,033 2,014 105,719 3,361 $ 109,080 Ja — �• Iii EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF ACTIVITIES Year Ended June 30, 2006 UNRESTRICTED NET ASSETS Unrestricted revenues Government contracts and grants Public contributions Contributed materials Interest income TOTAL UNRESTRICTED REVENUES EXPENSES Program services CHANGE IN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, END OF YEAR The accompanying Notes to Financial Statements are an integral part of this statement - -3- $ 262,592 44,407 95,228 402,943 401,300 1,643 107,437 $ 109,080 EAST SAN GABR|EL VALLEY COALITION FOR THE HOMELESS ' . STATEMENT OF FUNCTIONAL EXPENSES JUNE 3U'2O0G Emergency Transitional Winter Total Program Assistance Housing Shelter Services Contributions $ 90 $ - $ - $ SO Depreciation 893 - 893 Dues and subscriptions 200 ' 280 Equipment rental ' ' 12.750 12.750 Insurance 2.230 - 13.265 15.495 Licenses and permits 157 - - 157 Maintenance and repairs 850 369 7.618 8.837 Miscellaneous 137 ' 77 214 W1oka|vouohem 21.5�S - 11.374 32.870 Off ice 2.612 ' 8 2.620 Outside service 1.041 ' 844 1.885 Payroll taxes 2.453 ' 14.2O2 1O.656 Postage 726 - - 726 Professional fees 2.390 - 3.173 6.563 Rent 2.200 16.800 - 19.008 Staff expenses - ' 591 591 Supplies 97.404 213 4,779 102.456 Telephone and utilities 2.157 248 905 3.310 Transportation 4.940 39 43.519 48.507 Wages 26,713 ' 101,868 128,581 TOTALS $ 168858 $ 17669 214,773 $ 401,300 The'accompanying-NQteotoFinancia|Statements are an integral port of this statement EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF CASH FLOWS Year Ended June 30, 2006 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets Adjustments to reconcile change in net assets to net cash from operations: Depreciation Decrease in grants receivable Decrease in prepaid expenses (Decrease) in accrued expenses NET CASH PROVIDED BY OPERATING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES Purchase of fixed assets NET INCREASE IN CASH CASH, BEGINNING OF YEAR CASH, END OF YEAR 1,643 893 2,059 993 (2,1181 3,470 (2,765) 705 99,967 $ 100,672 "SURES OF CASH F1 OW INFORMATInN UP Pr L Er- M E N T AL D; 1 S C' L (.1 Cash paid during the years for: Income taxes $ Interest $ The accompanying Notes to Financial Statements are an integral part of this statement -5- =. �," Vii, �:, •* •,.'' NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 2006 1. Organization and Nature of Activities East San Gabriel Valley Coalition for the Homeless (ESGV Coalition for the Homeless) is a non - profit, tax - exempt organization based in the San Gabriel Valley area of California. The primary purpose of the Organization is to serve the needs and expand the opportunities of the homeless and needy in the San Gabriel Valley area. ESGV Coalition for the Homeless was incorporated as a nonprofit organization under the laws of the state of California on September 7, 1994. The Organization is supported primarily 'through grants and contributions. 2. Summary of Significant Accounting Policies The significant accounting policies followed by the Organization are summarized below. Basis of Accounting - The financial statements have been prepared on the accrual basis of accounting. Net Assets - The net assets of the Organization and changes therein are classified and reported as follows: Unrestricted net assets — Net assets that are not subject to donor- imposed stipulations and that may be expendable for any purpose in performing the primary objectives of the Organization. Temporarily restricted net assets -- Net assets sub iect to donor - imposed stipulations that may or will be met either by actions of the Organization and /or the passage of time. As the restrictions are satisfied, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the accompanying financial statements as net assets released from restrictions. Permanently restricted net "assets - Net assets for which the donor has stipulated that the principal be maintained into perpetuity. Generally, the donors of these assets permit the Organization to use all or part of the income earned on related investments for general or specific purposes. There were no permanently restricted net assets at June 30, 2006. Contributions — Non - reciprocal contributions received are recorded as unrestricted, temporarily restricted or permanently restricted ,support depending on the existence and /or nature of any donor restrictions. Contributed materials are recorded at their fair market value where an objective basis is available to measure their value. Such items are capitalized or charged to operations as appropriate. At yearend there is an indeterminable amount of donated goods on hand -for distribution. A substantial number of organizations and unpaid volunteers have made significant contributions of time and equipment use to ESGV Coalition for the Homeless. These donated services are recorded in the financial statements only where an objective measure of its value is available. Q EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 2006 2. Summary of significant accounting policies (continued) Cash and cash equivalents - for the purposes of statement of cash flow, the Organization considers all highly liquid debt instruments with an initial maturity of three months or less to be cash equivalent. Income taxes - The Organization is exempt from federal and state income taxes under Section 501(c) (3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, respectively. Accordingly, no provision for income taxes is included in the financial statements, In addition; the Organization has been determined by the Internal Revenue Service not to be a private foundation within the meaning of Section 509(a),of the Code. Fixed assets - Fixed assets are recorded at cost or donated fair market value. Depreciation is provided on a straight -line basis in amounts sufficient to amortize the cost of the assets over their estimated useful lives of five to seven years. Use of estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the reporting date and revenues and expenses during the reporting period. Actual results could differ from those estimates. Functional allocation of expenses - The costs of providing the various programs and other activities has been summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated to the programs and supporting services benefited. 3_ Fixed assets Fixed assets consist of the following: Furniture and office equipment, purchased $ 2,765 Furniture and office equipment, donated 1,830 Total Furniture and office equipment. .4,595 Accumulated depreciation 1,234 Net Fixed Assets 3.36 i The depreciation policies followed by the Organization are described in Note 2. -7- Will, NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 2006 4. Commitments and Contingencies The Organization leases its office facilities under a month to month operating lease. Total rent expense related to this lease for the year ended June 30, 2006 was $2,200, The Organization leases two apartments for the transitional housing program. The rent expense related to these leases for the year ended June 30, 2006 was $16,800, N ESGV Homeless Coalition Open Item List 6130107 MS 1/15/08 OPEN ITEM _RESPONSE 1 Copy of Emergency Food and Shelter award. Total received $57,627. 2 Copy of LAHSA monitor report. Per June 28, 2007 minutes, about $600 owed from the fiscal year 2004 - 2005. 3 Copy of minutes from July 2007 through December 2007. _ 4 January 25, 2007 minutes state practice payroll check was cashed. Also states that procedure needs to change as well as password since the actual check is missing. Please clarify. 5 Are donated bus tokens being accounted for? Per March 22, 2007 minutes, the Coalition has started to receive tokens from Foothill - 800 per month. Started to receive when? I don't see these in the accounting. Should be recorded as donated goods (bus transportation) income and bus transportation expense at fair market value. Any in inventory??? 6 May 24, 2007 minutes note new $600 printer personally purchased by ? to offset excessive rintin ink costs is this printer the Coalition's printer or someone's personal printer? If it is for the CnaNtinn — nand a cony of the re.cei. t in order to record the donation of the fixed asset. 7 Per June 28, 2007 minutes, "We have not yet been reimbursed for all of the last expenses and we must submit to cover all expenses in future ". Are additional funds to be received from LAHSA for Winter_ Shelter? Are additional expenses to be accrued for Winter Shelter that have not been recorded? Need copy of grant request for any 2006 -2007 fiscal year not received by July 31st as well as any expenses not recorded. Final Close Out Report indicates all funds received in full. 8 Donated goods with values given are not being recorded (memo only) 9 Donation information needed: N -2/1 9a Backup documentation for the following donations listed on the "Major Donor Report' Backup documentation to include all of the following: gal Copy of donation - co y of check received 9a2 Copy of thank you letter 9a3 Copy of deposit slip showing deposit 9a4 Copy of bank statement with the deposit circled. APU School of Nursing $3,000.00 oar —4 ea,. Acedillo $1,000.00 9b Need information on where the items in 9a above are recorded in the general ledger. 10 Regarding Shelter Partnership, a letter was received from Shelter Partnership stating that total new goods received from Shelter Partnership's Resource Bank for the calendar year 2006 was $16,244. 1 only have documentation for two donations during the CALENDAR year 2006, 4120/06 $4,686.98 and 8/16106 in the amount of $5,064.84 which totals $9,751.82. Missing donation documentation totaling $6,492 for the calendar year 2006. Email sent to Shelter Partnership 1123108 to check discre any . 11 HP Printer / Fax/Scanner listed as purchased assets in 2007 in the amount of $1,000. Did not locate this in the general ledger. Please let me know where this is recorded, or if it was donated or not recorded please send me backup documentation. 12 Need copy of contract for storage unit- monthly expense of $152. A_ ARTICLES OF INCORPORATION OF EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS E N D 0 R S E D F I L E D in the office of the Secretary cl State of the State of CpOhfornia VP 7 1994 TONY MUER A California Nonprofit Public Benefit Corporati9i]Pg Secretary of State I The name of this corporation is: EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS IT This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. it is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes. The public and charitable purposes of the corporation are to provide for the needs of the homeless in the San Gabriel Valley and to educate the public concerning those needs. This corporation is organized exclusively for charitable, religious, and educational purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1986 or the correspond Lng provision of any future United States internal revenue law. Notwithstanding any other provision of these Articles, this corporation shall not, except to an insubstantial degree, engage in any activities * or exercise any powers that are not in furtherance of the purposes of this corporation, and the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c) (3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law or (b) by a corporation, contributions to which are deductible under Section 170(c) (2) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. III The name and address in California of the corporation's initial agent for service of process is: RONALD J. SACHS 2056 Lynbrook Hacienda Heights, California 91745 1 IV (a) No substantial part of the activities of this corporation shall consist of lobbying or propaganda, or otherwise attempting to influence legislation, except as provided in Section .501(h) of the Internal Revenue Code of 1986 and this corporation shall not participate in or intervene in (including publishing or distribut- ing statements) any political campaign on behalf of or in opposi- tion to any candidate for public office. (b) All corporate property is irrevocably dedicated to the purposes set forth in Article 2 above. No part of the net earnings of this corporation shall inure to the benefit of any of its directors, trustees, officers, private shareholders or -members, or to individuals. (c) On the winding up and dissolution of this corporation, after paying or adequately providing for the debts, obligations and liabilities of the corporation, the remaining assets of this corporation shall be distributed to such organizations organized and operated exclusively for charitable purposes which have established their tax-exempt status under Section 501(c) (3) of the Internal Revenue Code of 1986, or the corresponding provision of any future United States internal revenue law and TW h _1 c .11. have rn established their tax-exempt status under Section 23701d of the California Revenue and Taxation Code, or the corresponding section of any future California revenue and tax Law-.`-) ONALD J. SACHS, Incorporator I am the person whose name is subscribed below. I am the sole Incorporator of EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS and have executed these Articles of Incorporation. The foregoing Articles of Incorporatio o ar!,-,,-my act and deed. Executed on 1994, at Hacienda Heights, California. I declare that the foregoing is true �o �ct RaALD J. SACHS, Incorporator K i� r � � • � - �. � ... � APPLICATION CHECKLIST ORGANIZATION o� / 'CAAvs('0V_ Please complete an Application Form for each proposed program/project. If an item is not applicable, indicate "N/A" in the box. If you need assistance, or have questions, contact Michelle Bravo or Suzie Ruelas at (626) 960-4011 ext 354/496.. 1 APPLICATION FORM 2. BUDGET PROPOSAL (ATTACHMENT A) 3. BOARD OF DIRECTORS AFFIDAVIT 4. ORGANIZATION BY-LAWS 5. CHARTER OF ARTICLES OF INCORPORATION 6. IRS TAX EXEMPT STATEMENT 7. MOST RECENT AUDITED FINANCIAL STATEMENT 8. PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on December 18, 2008. Applications must be submitted to: Baldwin Park Housing Division 14403 E. Pacific Avenue Baldwin Park, CA 91706 I-ENA 24 FA IN I A NA 31:1 i-Telvi I I *I Uft'WIMMORI&FA FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2009-2010 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: C 0�- \ c Anpncv Address: 1 1-�A Number Street City Zip Code Administrator: Title: Aiov- Administrator Telephone: q(z(3 -C,,S6S Fax: q(cc- �5.U- Project Site Address: % --i)zdnVk Number Street City Zip Code Project Manager: Title: Vot-,X \'S.nV- Qrvy�� . Qrco"— Project Manager's Telephone: _C21k- —c�t,,-cks 1tL �,Fax: Ua6- `(,Q- cSs,--+ - Describe Agency's overall function or purpose. Include history and experience in providing this service. (If more room is needed, please attach an additional sheet). previously received funding from the City ol Baldwin Park? v" Yes (if yes, number of years No WTITLT���� Grant Amount Requested $ c) Scope of Services — Please briefly describe your proposed Project/Program and the objectives. u% o�N�k\dL NUl- Beneficiaries — Please briefly describe the clientele that will benefit from your cnrwir-inQ (i P hnMPIPSS vouth. the elderly, disabled, handicapped, etc.) Describe any special characteristics of your client population. Increase in Funding Request - if your agency has been previously funded through Baldwin Park's CDBG program, and there is an increase in the amount of funding requested, please explain the purpose for the increase (i.e., increase in type of services or beneficiaries). V4 kULLA �V%�� 9V'4,. CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies obtain intake data from each client/family served. Application intake must be taken on all clients assisted with CDBG Funds. Supporting documentation is also required. Please see page 7 regarding Presumed Benefits. Does your agency obtain this information? Yes Rol if xtacz does your intake sheet and supporting documentation obtain the following: 1 . Name Yes�� No 2. Address Yes / No 3. City in which client last resided. Yes V' No A Number of family members. Yes V' No 5. Total family (household) income. Yes No 6. Ethnicity Yes No 7. Female head of household Yes No Pursuant to federal requirements, if your agency is unable or unwilling to obtain the above information from its clientele, please do not submit an application for funding. However, if your agency is willing to accept the responsibility, obtain this information and retain supporting documentation for the required five years, the Executive Director must certify to that effect below: Presumed Benefit Income eligibility is not required for services provided to "Presumed Benefit" clientele as defined by HUD. The following groups are considered presumed benefit client: • Abused children • Battered spouses ■ Elderly persons ■ Illiterate persons ■ Persons with acquired Immune Deficiency Syndrome (AIDS). ■ Adults meeting Bureau of Census definition of severally disable persons ■ Homeless persons ■ Migrant farm workers Which further describes the activity you are proposing? A) The project will benefit a presumed benefit* clientele as defined by HUD. B) The client intake information will provide evidence that at least 51 percent of the clientele are persons whose household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible-income persons. In order to remain in compliance with HUD's regulations, your agency must be able to separate and identify expenditures of CDBG funds from other source of funding. Please complete the following tables with your agency's current budget (including CDBG funds, if currently receiving funding) and the proposed budget, identifying how the funds will be utilized. Please list names of members (Attached an additional sheet, membership after the request is writing. and officers of the Board of if necessary). If there are submitted, the City of Baldwin Directors of this Agency changes in the Board Park must be notified in Name Title Term Expires 07/1/08 TO Current 07/01/09 TO 06/30/10 BALDWIN PARK RESIDENTS C) 1 D 3. c 4. 5. fey 1. ti., - - Name of Executive Director Please provide the actual number of your total clients to date and the proiected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for fl,-:S current year Actual Projected 07/1/08 TO Current 07/01/09 TO 06/30/10 BALDWIN PARK RESIDENTS NON-BALDWIN PARK RESIDENTS_ c c r C6 m I .::z— In O'D 1 = d. CO C14 L—lid . cu p 'E (L co ) ( � �� V I I I I ( i 3,Q& ca ca CL C13 cn CD C) C%4 co C) 54 ca I- CD j3 -E M a CL Cj ca L) 0 CL c o 0 M CL E Ou (D U) C) C) CL cc C: C) s r_ cli 14 C6 0 ca N cli r C6 m I .::z— In I a C13 0 ca (A 0 0 o CD �t 3 3 C) 0 (5- C,4 O CO co >1 M CL 0 Y7) co O 0 V,'� f � C) cq C: (D C: E U) X :3 U) > S2 iD . 2 w co Q. X Q) - 0 E U) • 0 i> (D (D cn E- — E •z LU cu (D -a _ U) cc L- 0) C M CO C: m 0 C: C: co (D 0 a) 0 Q. 0 U. 0 cm U) C) C: 0) .2 00) C: C: _0 0 cr- D 0 D- ll -1 I CZ (I ri Q. CD C14 c Cl C) CN U Fz CU CL 0 CD C; I" CL (2 CL LL rr 4- 0 co cu 40 0 CL CL E cc E a) 0 0 (n U) r_ 4) 4) cc to 1--: CO m r N oli -1 I • • • O co co as 0 0 C) CN Cl r lj�jl a 0 C- Lo Q5 _3 (1) 0 \8 a) C) 00 60- 00 -Fz C14 U) CD E Q CD C U) .52 CL CL 1:1 X w :3 CO :3 > .2 i> 'D E X UJ E Q) U) C: 0 :3 U) E cu c co 0 Q. 0 1- 0 (D U) (D m L- C: CD Q) t-� :3 cm 0 o LL G LL U U Q Fo— f0— CERTIFICATION All organizations that submit this application must provide accurate data concerning the number and income level of clients. Estimates are unacceptable except for start -up agencies. This stipulation shall also apply to all organizations, which are subsequently awarded funding. Any organization that falsifies information, either accidentally or intentionally, shall be required to reimburse the City for any funds paid out and shall not be permitted to apply for funding in the future. AGENCY CERTICATION A +t c.,.,.+, +i<<o Director, or duly authorized representative of /'1J WIG Executive Di ect (Agency), I certify that the applicant is fully capable of fulfilling its dbligation under this proposal. This application is submitted to provide the services for the City of Baldwin Park as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances, as required by the City of Baldwin Park, will be adhered to. I certify and declare under penalty of perjury that the information provided in this application is true and correct. Print N Title of Officer M Signature Date qQ Phone Number LSLl' � Affiliated with AndSouthern Pacific Latin American District Im M ZT71"llp CONSTITUTION AND CHURCH OF H114111 f WHEREAS, it is the express purpose of God to call a saved people who shall constitute the Body or Church of our Lord Jesus Christ, established upon the foundation of the Apostles and Prophets, Jesus Christ Himself being the Chief Cornerstone; and, God has ordained that His Universal Church should find expression in and through local churches, to assemble together for worship, fellowship, counsel and instruction in the Word of God, to do the works of ministry, and exercise spiritual gifts and offices as provided in the New Testament; THEREFORE, this corporation is formed to propagate the Gospel of Jesus Christ, according to the Holy Bible, in fellowship with THE GENERAL COUT CH, OF THE ASSEMBLIES OF ER GOD, a Missouri Nonprofit Corporation, as a local. church under the headship of the Lord Jesus Christ, with customs and traditions of Evangelical Pentecostal Christianity; and, in these premises, the following Constitution and By- Laws are adopted: CONSTITUTION ARTICLE ONE - NAME The name of this corporation is CHURCH OF THE REDEEMER hereinafter referr i ed to sim—Ov as "church" ch" or "corporation ", though this corporation may by special_ - resolution of the Church Board adopt other and fictitious names for the purpose of doing business through its various departments and programs, as deemed necessary, convenient or expedient, and in such manner as to be in compliance with law. ARTICLE TWO - FOUNDATIONAL CONSIDERATIONS, PRINCIPLES, PURPOSES, TENETS OF FAITH Section One: Supreme Authority of the Holy Bible This church holds the Bible, the Holy Word of God, to be supreme in all matters governing this church, the ultimate authority for rules of order, in keeping with the Spirit of Christ; and, that every born-again Christian should endeavor to keep the unity of the Spirit in the Bond of Peace... "till we all come in the unity of the faith, and of the knowledge of the Son of God, unto a perfect man, unto the measure of the stature of the fullness of Christ" (Ephesians 4:13). Section Two: Purposes- Worship, Evangelism and Fellowship The purposes for which this corporation is formed are to establish and maintain a place of worship of Almighty God, our Father, and the Lord Jesus Christ, His only begotten son, through the Holy Spirit, and promotion of Christian fellowship and edification, to conduct business as a church, under guidance of the Holy Scriptures, and to do the work of evangelism in home and foreign fields, obedient to the Great Commission of the Lord Jesus Christ. Section Three: Tenets of Faith As Tenets of Faith, this church accepts the Holy Bible as the inspired and revealed Will of God, the all-sufficient rule of faith and practice, and for the purpose of maintaining general unity, adopts the STATEMENT OF FUNDAMENTAL TRUTHS OF THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, as same is now and from time to time may be revised, and as recited in the true copy thereof which follows as an addendum to this code of Constitution and By-Laws, by this reference here incorporated as though set forth in full. Section One: Standards and Church Government Prerogatives It shall be a standard and responsibility of this church to preserve scriptural order in all matters affecting its life and ministry, reserving the right of self-government, the prerogatives to choose its nXXT" Pn-ztar, 2nd or Church Board to elect its officers and directors, to - 1— - , _-, by action of its membership establish and maintain standards of membership and discipline, to acquire and hold title to property, and to transact all other business pertaining to its life and conduct as a 'local church, according to Holy Scriptures and as hereinafter in this Code of Constitution and By-Laws provided. Section Two: General Powers This corporation shall have and is empowered to exercise all rights, powers and privileges generally accorded to corporations of this kind, including the power to contract, to acquire, hold, buy, sell, lease, mortgage, hypothecate, or otherwise encumber, and to dispose of in any way, real and personal property of all kinds and descriptions, and to conduct all business which is lawful, necessary or expedient, in promoting the purposes of the corporation, including the power to issue, purchase, redeem, receive, take or otherwise acquire, own, sell, lend, exchange, transfer or otherwise dispose of, pledge, use or otherwise deal in property of any kind, including its own bonds, debentures,- notes and UUM ill 1003 11 T Irlp I I � U1 Section One: Affiliation While recognizing inherent right to sovereignty in the conduct of its own business affairs, this church voluntarily enters into full cooperative fellowship with and as a member of THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a Missouri Nonprofit Corporation, Springfield, Missouri, and likewise in fellowship with and as a member of the SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Corporation, and subject to their superior authority in matters of doctrine and conduct, which corporations are hereinafter referred to as "General Council" and "District Council", respectively, or collectively referred to simply as "Assemblies of God". Section Two: Privileges, Responsibilities, and Representation This church shall share in privileges and assume responsibilities enjoined by affiliations mentioned above, in accordance with the Constitution & By-Laws of each the General Council and the District Council, as such regulations are now and may from time to time be amended, including representation at both the General Council and the District Council business sessions, through its delegates who have been selected by the membership of this church or its Church Board. Section Three: Dedication and Dissolution 2 This corporation is formed and operated exclusively for religious purposes within the meaning of §501(c)(3) of the United States Internal Revenue Code. The property of this corporation is irrevocably dedicated to religious purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Title to all personal property and real property now owned or held in trust for or hereafter acquired by this church shall be perpetually dedicated to and held in trust for the purpose of maintaining a place of divine worship and operating church facilities and programs in full cooperative fellowship and affiliation with the General Council and District Council. Upon the dissolution or winding up of this corporation, after paying or otherwise adequately securing or providing for the debts and obligations of this corporation, the remaining assets shall be distributed to SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Nonprofit Corporation, which corporation is formed and operated exclusively for religious purposes, if it is then in existence and exempt from taxation under -%-F 91;01 (n� United States Internal Revenue Code, or, if not then so existing and V.1alwL.a W. N- - . �'-f (3) of the Um exempt, then to THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a Missouri Nonprofit Corporation, which corporation is formed and operated exclusively for religious purposes, if it is then in existence and exempt from taxation under provisions of §501(c)(3) of the United States Internal Revenue Code, or if they then are both not in existence and exempt, then to a non-profit fund, foundation or corporation which is formed and operated exclusively for religious purposes, in harmony with the purposes of this corporation, and which has established its tax exempt status under §501(c)(3) of the United States Internal Revenue Code. Section Four: Organizational Assistance If at any time this church encounters any internal or external problems, which cannot be reasonably and expeditiously resolved by action of the membership or the Church Board, the church shall seek the services and assistance of District Council or General Council, upon request of the Pastor or a majority of"the Church Board, or upon petition of the membersuip S petition of the 1-F - lid membership shall be in written form, and shall require the signatures of at least twenty percent (20%) of the current active membership of the church, and shall be addressed to District Council, and presented to the District Superintendent of District Council. Such petition shall specifically but briefly recite the details of the matter for which assistance is requested, and particularly describe features of dispute or administrative frustrations. Upon such presentation to the District Council, it shall be deemed to be a petition on behalf of the church, as an initiative of the membership, whereupon the District Council, District Superintendent or Presbytery should take appropriate action or undertake to provide necessary services as are available. In event the membership of this church should become divided over doctrinal or other issues, in which individuals or factions might propose that this church should withdraw or disaffiliate from the Assemblies of God, such disputes shall not be put to a confirming vote, but shall be resolved according to provisions of these By-Laws, Article Eleven, Resolution of Disputes, at Section Two. Section Five District Council Assistance in Church Administration If at any time the business of this church cannot be adequately undertaken and performed by its administrators through the Church Board, or when a proper Church Board is not available or functioning, the church may, by request of its Church Board or at least 51 % of its then current active membership, petition the Presbytery of District Council to serve as the Church Board, to so serve until such time as the Presbytery and the membership of this church agree that the membership should resume full responsibility for its affairs. Neither District Council nor the Presbytery of District Council shall be deemed to assume any personal responsibility or liability for debt or other obligations of the church in taking such action as may be necessary in these premises, unless affirmatively so stated. Section Six: Minimum Number for Viable Membership If the active membership of this church falls below twenty (20) persons in number, the church shall seek the assistance of the District Council for help in maintaining the minimal requirement for General Council affiliation. If after one year thereafter the minimal number of 20 active members is not attained, this church shall automatically revert to the status of a District Council Affiliated Church. The church shall remain in a District, Council affiliated status until it again meets the standard for a General Council affiliated church, having demonstrated its ability to assume full responsibility for restoration to that status as a viable sovereign church. Unless otherwise arranged, there shall be no financial liability or other affirmative obligation assumed by District Council in these premises. ses. Section One: The Board of Directors- Name, Number, Authority The Board of Directors of this church shall be known as the Church Board or the Board of Deacons, and shall consist of TENT (10) natural persons, including the Pastor and officers elected to and serving for the terms and having powers and authority as hereinafter in the By-Laws provided. All official and business powers, activities and affairs, of this corporation shall be exercised and conducted under authority and ultimate direction of the Church Board. Section Two: The Church Council There shall be a Church Council composed of the Church Board together with Pastoral Staff and Departmental Officers, which shall serve as supervisory and advisory in nature, and shall not usurp the authority or function of the Church Board, and as hereinafter in the By-Laws provided. ARTICLE SIX - AMENDMENTS TO THE CONSTITUTION Amendments to this Constitution may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting of the membership of this church specially called for that purpose, provided that such Business Meeting has been duly called and noticed at least two Sundays prior to such meeting, and as hereinafter in the By-Laws provided. The proposed amendment text shall be publicly posted in a conspicuous place within view of attendees at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to this Constitution shall require a three-fourths affirmative vote of those active voting members present and voting at such Business Meeting, after a quorum is established. In order to expedite the work of this church and to avoid confusion in its deliberations, all meetings of the Church Board, all Annual Business Meetings and all Special Business Meetings of the membership of this church, shall be conducted under established rules of order, or otherwise governed by the parliamentary authority of the current edition of Robert's Rules of Order newly revised, in keeping with the spirit of Christian love and fellowship, under the guidance of the Holy Spirit of God. Section One: Members There shall be but one class of regular active membership of this church, the qualifications and acceptance of same being subject to approval of the Church Board, as hereinafter in these By Laws provided. Section Two: Standard of Active Membership The Standard for regular active membership in this church shall be: A. -Evidence of a born-again experience in Jesus Christ (regeneration) (John 3:3-7, 1:12, 13;1 Peter 1:18 -25). B. -Water Baptism by immersion (Matt. 29-19; Col. 2:12) C. -Evidence of a consistent Christian fife (Rom. 6:4, 13:13; Eph. 4:17-31, 5:2, 15; 1 John 1:6 -7). D. -Personal subscription to the Tenets of Faith as set forth in the Constitution of this church. E. -Personal willingness to contribute regularly to the support of the church with tithe and offerings according to his or her ability. F. - A voting member must be at least 18 years of age. G. -Agreement to be governed by the Constitution & By-Laws of this church, and the Constitution & By-Laws of the General Council and District Council, as they are now and may be from time to time amended. Section Three: Application for Regular Active Membership, Church Board Review-- Applicants for regular active membership shall make their desire known to the Pastor, who shall examine the applicant in accordance with the standard of membership, and upon his recommendation the Church Board shall consider their written applications on forms approved by the Church Board, and the names of those approved for such membership shall be added to the roster of active membership of the church, and they shall be recognized publicly as members at the earliest convenient meeting of the congregation. No applicant for membership shall be accepted as a member within 30 days before an annual membership meeting or within 10 days before a special business meeting of membership. Section Four: Ex Officio Membership of Pastor, Pastoral Staff, and Spouses The Pastor of this church and respective spouse shall by virtue of election and acceptance into its ministries be deemed to become and be active voting members of this church. The Pastoral Staff and their respective spouses, by virtue of their appointments by the Church Board, shall be deemed to become and be active voting members of this church. Such Ex Officio Church Membership terminates with termination from the respective office. Section Five: Voluntary Termination of Membership by Member Active members in good standing may sever their relationship with this church by voluntary termination, or be transferred to some other congregation. A transferring member may apply to the Secretary of this church for a Certificate of Good Standing or Letter of Transfer, which shall be granted on approval of the Pastor and the Church board, and shall be signed by both the Pastor and NJ the Secretary. If a member tenders resignation while under charges that could otherwise bring about discipline from the Church Board, such resignation shall not deprive the Church Board from hearing and making disciplinary determinations of the charges, as deemed necessary or proper by the Church Board, for the record. Section Six: Inactive Membership, Church Board Review, Notification The Church Board is empowered. to periodically review the Church Membership Roster and therefrom to place on the inactive list those who have become disqualified from membership, including those who shall without good cause absent themselves from services and programs of this church for a period of three consecutive months or more, or who cease to contribute to its support, or who shall be under charges for misconduct or under condemnation for sinful or worldly practices. When the Church Board places the name of a member on the inactive membership fist, that member shall be notified in writing of such action, and the reasons therefor, by the Secretary of the church. Such notice shall be given to such inact;xr,- member by replar mail sent to that person's address of record in the files of the church. If such member so notified does not in writing formally request restoration to active status within 30 days from the date of mailing of notice of inactive status, he or she shah' be automatically terminated from membership of the church, without fiurther notice required. For good cause shown, the Church Board may restore a member to active status at any time Prior to actual termination of membership. Section Seven: Termination of Membership by Action of the Board The Church Board is empowered to remove from the membership rosters the names of those who are deceased, those who no longer meet the standard of membership, those who may have voluntarily withdrawn from the fellowship, those who may have been granted severance and Certificate of Good Standing or Letter of Transfer, and those whose names have been on the inactive membership list for at least 30 days without requesting restoration to active status, and those dismissed for disciplinary reasons. Section Eight: Honorary and Special Memberships The Church Board, by its special resolution, is empowered to and may provide for honorary or special memberships, having no fights of membership notwithstanding such designation as members, for youth and superannuated persons, handicapped persons, individuals that are absent from the area and unable to take part in the programs of the church, and others deemed by the Church Board to be deserving of such consideration, on such criteria as the Church Board deems reasonable. Such honorary or special memberships shall have only those particular rights and benefits as shall be affirmatively bestowed by such special resolution of the Church Board. Rights and benefits of honorary or special memberships need not be uniform over the entire class. It is intended that honorary and special memberships shall not be members within the meaning of any law granting rights to members. Honorary and special memberships shall have no right to notice of or participation or vote in any meeting of the membership of this church, nor to participate in any way in amending the bylaws of this church or in vote to dissolve or merge. Honorary and special members shall have no vested rights in their respective memberships, and the Church Board, by further special resolution, may with or without notice terminate or revise terms or conditions of honorary and special memberships, at any time and for any reason, for cause or without cause, and may likewise dissolve the entire class or classification. Section Nine: Unauthorized Activities No member of this church shall promote personal crusades or support private campaigns, programs, enterprises or activities to involve this church or the membership of this church, on the C7 church campus or elsewhere, unless such have been approved in advance by the Pastor. If additional services or programs are desired beyond those provided, such services and programs must first have the approval of the Pastor, and be under his general authority and supervision, and his approval may be withdrawn at any time without notice, for any reason. In event the church is temporarily without a Pastor, such activities must first have the approval of the Church Board. Violation of the provisions of this section shall constitute good cause to have the violator expelled from church campus and facilities, and shall be grounds for discipline of a member by the Church Board. Section One: Disciplinary Authority of the Church Board All discipline of regular members shall be prayerfully administered according to the Scriptures, under authority of the Church Board (Matt. 18:15-17; 1 Cor. 5:9-13; H Thess. 3:11-15; Rom 16:17). 'T'he D—+-, shall 1-�p iiiAar +h,- aw-hiciqe authority of District Council and General X11 Pastor Council, which have sole powers of discipline over credentialed ministers. Section Two: Suspension and Restoration With exception of term and authority of the Pastor, the Church Board is empowered to suspend from active voting membership and place on inactive status those regular members who shall be under charges for misconduct, or who have fallen under condemnation through sinful or worldly practices. The Church Board is likewise empowered to restore to active membership those whom it finds are not guilty as charged, and those who through repentance and adjustment have again attained to the standard for active membership. Section Three: Requests for Restoration, Hearings and Appeals q mi "^-A� A. - if a member has been removed fi7om active rner&- ership because of charges of . scwiLu U c-L or condemnation through sinful or worldly practices, he or she may request restoration to active membership and demand a hearing before the Pastor and a majority of the Church Board, to be held within 90 days of receipt of such request and demand, which shall be in writing and particularly specifying all defenses to each charge so made; which written request and demand must be received by the Pastor or the Secretary within the 30 days after date of mailing notice of removal from active membership. The Church Board shall encourage a proper attitude on the part of those in question, and proceed carefully to press for final decision in each case. When the Church Board has rendered its final decision, the member shall be notified of the decision and of his or her right of appeal of an adverse decision, and he or she may appeal from that decision directly to the membership of the church as hereinafter in this section provided. B. - In event such disciplined suspended person desires to further appeal the suspension beyond the determination of the ' Church such appeal shall be in writing specifying each contention and defense felt pertinent to the matter, and received by the Pastor or Secretary of the church within 30 days after date of mailing notice of adverse decision of the Church further demanding a Special Meeting ofthe membership to be called for hearing of the cause, which Special Meeting should then be scheduled to be held within 90 days thereafter. Action taken by the membership on such appeal shall require a 60% affirmative vote to overrule the underlying action of the Church Board, and that decision of the membership shall be final for all purposes, from which there shall be no further appeal. 7 ARTICLE FOUR - QUALIFICATIONS, DUTIES AND POWERS OF OFFICE-now EMPLOYEES AND VOLUNTEERS Section One: Qualifications A. - The Pastor - Because the church recognizes the leadership ofthe Pastor under the Lord Jesus Christ, and because he is a representative of this church, he shall be a person of good report, and shall manage his personal affairs, financial and otherwise, so that no discredit shall come to the cause of Christ through his actions. Ms life and conduct shall conform to the following Scriptures: I Timothy 3:2-7; Titus 1:6-9; 1 Peter 5:2-3. The Pastor must have and maintain current ministerial credentials with the Assemblies of God. B. - The Pastoral Staff' - The Church Board may by special resolution provide for a Pastoral r U .-A +u— shall serve on the Church Staff to serve in administration OylfthUe pl-OgIra-1-11-b 01 UU-s t'llulW15 allu Lll%,y Council, The Candidates for service on the Pastoral Staff shall be selected by the Pastor, subject to confirmation by the Church Board, and shall serve as assistants to the Pastor and under his direct supervision. They shall not be eligible to serve on the Church Board. All individuals serving in a ministerial capacity on the Pastoral Staff must have and maintain current ministerial credentials issued or recognized by the Assemblies of God, as a condition of continued association with this church, or provide proofthat he or she has a current application for such credentials pending with the District Council. In event an individual serving on the Pastoral Staff is in a non-ministerial role, he or she should alternatively qualify themselves by a showing of training and experience in the particular field for which they have been so engaged. (Qt an d ather clause for pLesent pas C.- Church Board, Trustees and Other Of - All members of the Church Board, Trustees, and other officers of the church, shall be mature persons full of the Holy Spirit, whose faithfulness shall have been in evidence and whose lives and conduct shall conform to the 1RO-111 0-win Scriptures: Acts 63; 1 Timothy 3:8-12. Members of the Church Board must be active members of the church, in good standing, and shall consist of such persons as are appointed or elected to serve, and of their successors subsequently selected from time to time, who shall so serve until selection of their successors. D.- Employees and Volunteers - All employees and volunteers in service to this church, in any of its departments, programs and ministries, must be mature persons, committed to the religious mission of the church, with a personal born-again experience in Jesus Christ, evidence of a consistent Christian fife, and personally subscribing to the Tenets of Faith of this church. All employees and volunteers accepted for employment or service within this corporation are part of the religious mission of this church, including custodians and groundskeepers, department and program leaders, teachers, receptionists, Pastoral Staff, and Senior Pastor, and every other person that is authorized to take part in the various departments, programs and ministries of this church, and each is expected and required to comport themselves in their personal lives, on and off the job, on and off the church campus, in such a way as to compliment the image and religious mission of this church. Any behavior that is viewed as immoral, sinful, disloyal or antagonistic to or adversely reflecting on the church, will not be tolerated, and will be grounds for dismissal. E.- No officer, director, employee or volunteer in any department, program or ministry of this church shall have any sort of vested proprietary right or economic interest in the employment or service in this church, nor any legal rights to continue in employment or service, nor any sort of legal PI., rights for money damages or equitable reliefupon termination of respective employment or service. Any disputes in this regard shall be resolved pursuant to arbitration provisions of these By-Laws, Article Eleven, Section Two. Such employment and volunteer service are subject to these continuing conditions. Section Two: Duties A.- The Pastor - The Pastor shall have general supervision of all activities ofthis church. He shall serve as President of the corporation and be Chairman of all meetings of the membership and the Church Board, and, with the Secretary of the church shall sign all official documents for the church. He shall be an ex-officio member and overseer of all committees, departments and programs of the church. He shall provide for all the services of the church and arrange for all special meetings, giving due regard to the needs of the congregation. No person shall be invited to speak or preach Chia his a-Drova-L The Pastor shall p rform mich other before the congregation oftlas church. without e------ ll%JL4L Lila "F_ 'r functions as are customary to the office of President, and as necessary to the proper discharge of his duties. B.- The Pastoral Staff` - All members of the Pastoral Staff are directly responsible to the Pastor for respective assignments or portfolios. They shall be amenable to the Pastor in all matters of faith and conduct, and shalt perform such duties and carry such responsibilities as may be assigned by the Pastor. C.- The Vice-President - When there is a vacancy in the office of Pastor (President), the Vice-President is authorized to act as interim President and to exercise the official powers of the President, until the vacancy is filled. He shall also serve as Vice-Chairman of the Church Board, there acting as presiding officer in absence of the Chairman. The Vice-President shall perform such other functions as directed by the Church Board, and as customary to the office or'Vice-President, and as necessary to the proper discharge of his duties. D.- The Secretary - The Secretary shall preserve proper records of the membership of the church, of all communications and proceedings ofthe church, including the minutes of all membership Business Meetings, and the records of proceedings of the Church Board and all authorized church committees, departments and programs. The Secretary is the custodian of all legal documents and the official seat of the church. The Secretary shall together with the Pastor sign church documents and affix the official seal, and shall perform such other functions as are customary to the office of Secretary and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties. E.- The Treasurer - The Treasurer is the Chief Financial Officer of the church, and is entrusted with aft the finances of the church as may be committed to him. He shall deposit all church funds in a federally insured financial institution, in the official name of the church, and shall disburse same as authorized by the Church Board. He shall preserve proper itemized accounts of all receipts and disbursements of the church, and make a financial report of same to the Church Board upon demand and at the Annual Business Meeting of the membership. The Treasurer shall perform such other functions as are customary to the office of Treasurer and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties. F. The Church Clerk. The Church Clerk is an employee of the Church, hired by the Church Board. The Clerk shall perform the duties as designated by the Pastor, the Secretary, the Treasurer, I and the Church Board. F.- The Church Board (1) The Church Board shall act in an advisory capacity with the Pastor in all matters pertaining to the spiritual life of the church, and in ministry of its ordinances. They shall serve as an Examining Committee in review of applications for membership, and as a principal forum for administration of discipline among the membership of the church. In event of vacancy in offices of both the Pastor (President) and Vice-President, they shall be empowered to provide for their own temporary Chairman from among their own number in order to transact interim church business. (2) Duties and powers of the Church Board shall be subject to limitations of the foundational articles of this corporation, the provisions of this code of Constitution and By Laws as —A—A --A I�u I 4P+I,— Q+a +- —Pr it now consists or niay be fi7om -dime to time amended, and the law of the S Late of Califo. places and jurisdictions where local laws might govern or restrict such powers; and, (3) Without limiting the general powers of the Church Board, they shall have the following specific powers: (a) With exception of the Pastor and Pastoral Staff, to select and remove all other officers, agents and employees of the church, prescribe such powers and duties, regulations and policies, for them as are not set by these By-Laws, consistent with law, the foundational articles of this corporation, and good business practices, and, as necessary, to require from them appropriate security for faithful service, and to fix compensation of all Pastors, Pastoral Staff, officers, agents and employees of the church; and, e0) To receive and authorize disbursement of funds; to borrow money and incur indebtedness in the course of business of this church, and for that purpose to cause to be executed and delivered in the name of this corporation, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of indebtedness or securities, subject to pertinent law and regulations, further subject to the provisions of this code of Constitution and By-Laws of this church. (c) To take and hold as custodians for the use and benefit of the church all of its property, being responsible for the maintenance and cleanliness of same fbr the comfort of the congregation, and to designate from its own members, as need appears, individuals to serve on the Committee of Trustees, to hold property for the use and benefit of this corporation, as necessary and as hereinafter in these By-Laws provided. G.- The Church Council - The Church Council, composed of the Church Board, Pastoral Staff, and duly elected or appointed department heads, shall meet at a properly called quarterly or special meeting for the purpose of counselling together for the planning and implementation of the total program of the church. The Pastor or Church Board may call such meeting at any reasonable time, and quorum is not required. H.- Employees and Volunteers - Employees and volunteers shall assume and perform duties as are assigned to them, according to respective job description and in compliance with department or program regulations and policies, under direct supervision and authority of their respective 10 department or program supervisor, at all times subject to the superior authority of the Pastor and Church Board. Section One: The Pastor and Pastoral Staff A.- In event of vacancy in the office of Pastor, the Church Board shall act as a pulpit committee, and after prayerfully seeking to know the mind of God and carefully choosing the best counsel available, shall select a scripturally qualified minister credentialed with the Assemblies of God as a nominee to the office of Pastor, and present his name for the vote of the membership of this church. Any active member of this church may suggest to the committee the name of an Assemblies C31 Go,' —,-: — - 4u- —4 Tk- n—rA �4—dd s—k the advice and counsel of the local Presbyter, U 11MUSLU-1 III LIUM, I VrUl U. X 11i1 — ...- -- 1. and Superintendent of District Council in these premises. B.- Election and re-election of the Pastor shall be by vote of the membership, and such elections shalt require a two-thirds majority affirmative vote by secret ballot of the membership present and voting at the meeting where such election is to be entertained, after a quorum has been established, The Pastor's initial term shall be for three years, and unless there be a restrictive ballot stating otherwise, the succeeding term of office for the Pastor shall be for an indefinite period. C,- The Pastoral Staff shall not be elected by the membership of the church. They shall be engaged by a majority vote of the Church Board upon recommendation of the Pastor. In event of resignation or other departure of the Pastor, the members of the Pastoral Staff are expected to submit their respective resignations to the Church Board for the review of the incoming Pastor, in order to allow the incoming Pastor the privilege of selecting his own Pastoral Staff. The services of any member of the Pastoral Staff may be terminated by the Pastor, for cause or without cause, on giving 30 days written notice. Any such person may be suspended by the Pastor immediately without notice. There shall be no right of appeal from such termination or suspension. Section Two: The Church Board A.- Nominating Committee - In ordinary course, candidates for membership on the Church Board shall be nominated by a nominating committee. The nominating committee shall be appointed by the Pastor in consultation with the Church Board, and shall consist of at least five persons, who shall be the Pastor and four church members, not more than two of which shall be members of the Church Board. Any active voting member of this church may submit names to the nominating committee for their consideration up to two weeks prior to the meeting where such elections are to be considered. The names of those serving on the nominating committee shall be properly announced and posted on the church bulletin board at least 30 days prior to such meeting. The names of the nominees shall also be properly announced and posted at least ten days prior to the meeting where such elections are to be considered. Additional nominations may not be submitted from the floor. B.- Members of the Church Board shall be elected by the membership, initially for staggered terms of one year, two years and three years, and upon expiration of these initial terms, their successors shall be elected to serve for three year terms. All such elections shall be by simple majority, by secret ballot. With the exception of the Pastor, no member of the Church Board may succeed 11 himself in such office, unless there are no other qualified members in the church willing to so serve. C.- Alternate Officers. Alternate officers shall consist of the two remaining nominees in an election of officers with the highest number of votes. D.- Vacancies on the Church Board shall be filled automatically by the alternate officer next in line The successors shall serve for the unexpired term of their predecessors. Should the number of members of the Church Board fan below one-half of that number required by the Constitution and By-Laws, the remaining Church Board members shall call a Special Meeting of the membership for the purpose of filling these vacancies by the membership electoral process, as defined herein. Section Three: Vice-President The Vice- President shall be elected by the Church Board from among its own members, at the first meeting of the Church Board following the Annual Business Meeting, by a simple majority, on secret ballot. The term of office of the Vice-President shall be one year, and he may succeed himself in such office for the duration of his service as a member of the Church Board. Section Four: Secretary and Treasurer The Secretary and the Treasurer shall be elected by the Church Board from among its own members, at the first meeting of the Church Board following the Annual Business Meeting, by a simple majority, on secret ballot, for terms of office of one year, and they may succeed themselves in such offices for the duration of respective service on the Church Board. These offices may be held by separate individuals, or one person may be elected to hold both offices of Secretary and Treasurer at the same time. 0 U _r Section ire: Vacancies v acandes A.- The Pastor (1) If the Pastor has been called for a definite term, the tenure of his office shall end at the expiration of such term, or it may be terminated in manner provided in the paragraph following. Re-election of the Pastor shall be in accordance with provisions found elsewhere in these By-Laws. (2) If a Pastor ceases to qualify as provided by either the Constitution or By-Laws of this church, or when his ministry ceases to be effective, or if good and sufficient cause exists to render his ministry unacceptable, or if other serious charges are preferred against him, power is vested in the Church Board at any time to ask for his resignation. if such request for his resignation is by him refused or ignored, the office of Pastor shall not be considered vacant until the action of the Church Board has been confirmed by vote of the membership. in order to terminate a Pastor before the end of his term, it shall require a majority vote of the active membership of the church present and voting at a Special Business Meeting of the membership duty called for that purpose, after a quorum is established, by secret ballot, the effect ofwhich is to terminate the Pastor and create a vacancy in such office. Such a meeting called concerning status or termination of the Pastor should be presided over by an official representative of the District Council. In event the Pastor is so removed from office, a written report of such action shall be signed by at least two officers of the church and sent to the office of the Superintendent of District Council. The Pastor must have and maintain current ministerial credentials with the Assemblies of God, and in event such ministerial credentials are 12 withdrawn by District Council or General Council, the Pastor's term is then immediately terminated. In event such ministerial credentials are restricted or suspended by action of District Council, District Superintendent or Presbytery, the Pastor's authority and duties within this local church shall be deemed likewise restricted or suspended, accordingly. (3) In event of vacancy in the office of Pastor of this church, the Church Board shall arrange for others to minister to the congregation for the duration of such vacancy. B.- Other Officers and Directors (1) Any other office of service in the church may be declared vacant by an act of simple majority of the active membership or action of the Church Board at any of its regular or special meetings. (2) A Member of the Church Board or any other officer of this church may be removed from office before the end of his term, for cause or without cause, by a majority vote of the membership or the Church Board. Any removal by the Church Board must be ratified by a majority vote of the membership of the church at an Annual Business Meeting or Special Business Meeting of the membership to be held within three months of such removal, if the individual so removed requests in writing such special vote on the issue of his removal. Such written request must be received by the Pastor or Secretary of the church, registered mail, within 30 days of the time of the removal, with copies thereof mailed to each of the other members of the Church Beard by certified mail, return receipt requested, citing the reasons for such request and giving recitals in support of reinstatement or against the action taken by the Church Board in causing such removal. Grounds for cause in declaring vacancy in such office may be any of the following: (a) Unscriptural conduct; (b) Departure from the Tenets of Faith; (c) Incompetence in office; (d) Any other good and sufficient cause. ARTICLE SIX - MEETINGS Section One: Meetings of the Church Board A.- Place of Regular and Special Meetings (1) Regular Meetings of the Church Board may be held at any place within or outside the State of California that has been designated from time to time by resolution of the Church Board or written consent of all the members of the Board. In the absence of such designated place being so set, regular meetings of the Church Board shall be held at the principal office of this church. (2) Special Meetings of the Church Board may be held at the principal office of this church, or at any other reasonable place designated by Resolution or consensus of the Church Board. B.- Frequency of Regular Meetings of the Church Board The Church Board should meet monthly or more frequently as need may require. The frequency of Church Board meetings maybe fixed by resolution of the Church Board, or be as called by the Pastor or a majority of members of the Church Board. C.- Call, Time and Notice of Special Meetings of the Church Board 13 (1) Special Meetings of the Church Board, for any purpose, may be called by the Pastor or a majority of the members of the Church Board, on reasonable notice as the Church Board provides by its own resolution. Every member of the Church Board should be notified in advance of such Special Meeting, to allow reasonable opportunity to attend and participate. (2) in emergency situations, Church Board meetings via telephone conference call shall be permitted, and record of any action taken entered into the minutes of the next meeting of the Church Board. D.- Quorum for any meeting of the Church Board shall consist of at least a simple majority of the then current membership of the Church Board. Section Two: Business Meetings of the Membership A.- Annual Business Meetings of the membership of shall be held on the first Sunday of February of each year, unless changed by a Church Board resolution, at which time reports shall be given and the election of officers and directors shall take place, and as hereinafter in these By-Laws provided. B.- Special Business Meetings of the membership of this church may beheld as need arises, to conduct or implement the business of the church, and for other reasons mentioned elsewhere in this code of Constitution and By-Laws provisions, to be called by the Pastor or a majority of the Church Board, or by initiative of the membership, or by call of the District Superintendent of District Council, duly noticed and held as hereinafter in these By-Laws provided. C.- Right of Initiative Reserved to Active Members: Special Business Meetings of the membership may also be demanded by petition of not less than twenty percent of the active voting membership of the church. Such. initiative petition shall be in writing and duly signed by those members requesting such meeting, and received by the Pastor or the Secretary of the church, whereupon the Church Board shall call and fix a date for such Special Business Meeting to be held within 60 days thereafter, with due notice thereof being given as hereinafter in these By-Laws provided. Any initiative petitions relating to status of the Pastor shall be directed to the District Superintendent of District Council, who shall arrange for a Special Business Meeting of the Membership to entertain that issue. There shall be not more than two Special Business Meetings of the membership called upon initiative of the membership in any one calendar year. D.- Notice of such Business Meetings of the membership shall be given by stating the time, place and purpose of the meeting in a public announcement at the church sanctuary on two Sundays prior to the meeting and by written announcement to the active members of the church, via ordinary mail sent to their address of record on file with the church, at least ten days prior to the time set for such meeting, which written notice shall be the responsibility of and so sent by the Secretary or Acting Secretary. E.- Voting Constituency at any Annual Business Meeting or Special Business Meeting of the membership shall consist of all current active members of the church, who are in attendance at such meeting. F.- Quorum for any Annual Business Meeting or Special Business Meeting of the E membership of this church is established by the presence of at least 25% of the active voting membership of this church. G.- Proxy voting and absentee balloting shall not be allowed in conduct of business at any meeting of the membership, nor any sort of representation of absentees for purpose of establishing a quorum. 14.- Order of Business for the Annual Business Meeting of the membership of this church shall be as follows: I.- Devotional 6.- Secretary's Report 2.- Reading of Minutes T- Committee Reports 3.- Election of Officers 8.- Unfinished Business 4.- Pastor's Report 9.- New Business 5,- Treasurer's Report 10.- Adjournment Section Three: Public Worship and Programs on Church Campus and Facilities A.- Regular meetings for public worship and evangelism shall be held on the church campus each Sunday as the Lord's Day and as determined by the Pastor in consultation with the Church Board. B.- Special meetings for public worship, evangelism, and other purposes, may be called by the Pastor. C.- Ordinarily, all persons willing to peacefully assemble for purposes of worship or attendance at or participation in church programs on the church campus shall be welcome to attend, subject to such reasonable restrictions or regn-1—I-q-tions as shall be made by the Pastor or fixed by the Church Board. 113 13 IN I III II 11 111111 �k - aaz ;�� Section One; Committees A.- Standing Committees The Church Board may appoint Standing Committees for the conduct of particular business of the church, by special resolution entered into the minutes of their meetings, fixing responsibilities and powers of such committees, their duration, composition and regulation; and, the Pastor shall serve ex-officio on all such committees. The Chairman of each such committee shall be designated by the Church Board, and such Chairman shall set the time and place of meetings of his or her particular c ' ommittee and the agenda for business to be then and there conducted. Persons so appointed shall be selected from among the active membership. B.- Special Committees The Pastor may appoint Special Committees, subject to approval of the Church Board, for inquiry and counsel as is necessary, convenient or expedient for the mission and purposes of the church, serving at pleasure and direction of the Church Board, under supervision of the Pastor. C.- Committee of Trustees 15 By special resolution of the Church Board, a Committee of Trustees may be designated for purposes and having powers as identified and established in such special resolution, for holding property or legal title to real property or personal property for the use and benefit of this corporation. There shall be no presiding Trustee, but the Committee of Trustees shall at all times be subject to instruction from and under continuing authority of the Church Board. Individual Trustees shall be selected by the Church Board, from among its own members, by simple majority on a secret ballot. The number of persons serving on the Committee of Trustees, and the duration of respective terms, shall be as established in such special resolution. If not otherwise so established, the duration of term of a Trustee may be abbreviated or terminated by further resolution of the Church Board, and shall expire in any event upon termination of respective term as a member of the Church Board, or upon dissolving of the committee. A retiring Trustee shall surrender to the successor Trustee or the Church Board any property or interests held in that capacity, and the successor Trustee shall assume the responsibilities of the retiring predecessor Trustee, with or without formal assignment or transfer of or nn'tWArC interests. tl- I-- _. Section Two: Departments and Programs Mdistinct There may be departments and programs created by the Church Board to function as disti ministries of the church, under regulations set or approved by the Church Board, all of which shall be under the direct supervision of the Pastor, which departments and programs shall have names, functions and responsibilities as set by the Church Board. Among the departments and programs to be established and functioning within the church shall be the following: A.- Sunday School: The church shall have a Sunday School Department, for teaching and training of groups identified by age or special interest. The Church Board may by its special resolution determine that the Sunday School Department shall be under direction of a Sunday School Superintendent, selected and appointed by, and responsible to, the Church Board. However, the 0A iindig the 3unday School DepWartnient aand-1 tble Sm-day School Super; all times be authority and direct supervision of the Pastor. B.- Auxiliary Departments and Programs: The church may establish other and auxiliary departments and programs as the Church Board deems necessary or convenient, to conduct or promote the business and purposes of the church, created by special resolution of the Church Board, all of which shall be under the supervision of the Pastor. Priority should be given to establishment of departments and programs as are common to churches of the Assemblies of God, including education, Youth Ministries, Men's Ministries, Women's Ministries, Ministry of Music, Royal Rangers, Missionettes, etc. ARTICLE EIGHT - EDUCATION DEPARTMENTS - NONDISCRIMINATION POLICY Educational departments may be established within this corporation, by special resolution of and under direct administration or supervision of the Church Board, having name or names assigned to such departments, and officers and subordinate administrators for the conduct of their respective business, as the Church Board shall authorize by such special resolutions, for the operation of pre-school, grammar school and high school or other educational programs; and, there shall be a policy of nondiscrimination within these departments, admitting students of any race, color, national and ethnic origin to all the rights, privileges, programs and activities generally accorded or made available to students at the schools. This corporation shall not discriminate on the basis of race, color, national or ethnic origin in administration of its educational policies, admissions policies, scholarship 16 or loan programs, or athletic and other school-administered programs. Section One: Tide to Real Property Title to all real property belonging to this church shall be deeded to the church in its official corporate name, or held in trust by District Council, subject to provisions of this code of Constitution and By-Laws. Section Two: Restrictions on Acquisition and Alienation No real property of this church shall be purchased, taken or otherwise acquired, sold, transferred, mortgaged, leased, assigned, conveyed or otherwise alienated, without the same shall have been first 411-4-4 lk— � + in t n ual Business aUL.ELVJL4AI%A UY " two-thirds vote of the active nrp�qpntnnd vot a a a-- Ann Meeting or Special Business Meeting of the membership called for that purpose, at which is a quorum is first established. Section Three: Unauthorized Activities on Church Property There shall be no personal crusades or private campaigns, programs, enterprises or activities conducted on the church campus, nor any subtle or open display or distribution of signs, literature or advertisements, unless such shall have been in advance approved by the Pastor. If additional services, campaigns or programs are desired beyond those provided, or should any part of the church campus be desired for use, such services, campaigns, programs or use must first have the approval of the Pastor, and be under his general authority and supervision, and his approval may be withdrawn at any time without notice, for any reason. In event the church is temporarily without a Pastor, such activities must first have the approval of the Church Board. Section Four: Regulations and Policies Restricting Access to Church Campus and Facilities The Pastor and Church Board are authorized to establish and maintain rules, regulations and policies regarding activities taking place on the church campus and facilities, including restrictions upon or exclusions of individuals or groups. The church campus and facilities are private and considered to be Holy Ground, and this church reserves the right to restrict the movements of any person on the church campus and facilities, or to exclude or expel any person or group from same, at any time, for any reason. 0 .1 oil, Section One: Financial Resources This church shall be financed according to Scriptural methods, through gifts, donations, tithes and offerings of the members and friends of the church (Mal. 3: 10, Matt. 23 :23; Reb. 7.4-9), and income and revenue from all other lawful sources. Section Two: Budget and Disbursements, Annual Review The Church Board shall have general authority and supervision in all financial matters in every department and program within the church, and shall establish an annual operating budget for the church, and shall determine and authorize payment of all debts of the church, including salaries for employees, and to make adjustments they deem necessary or expedient. The Church Board shall 17 arrange for annual review to be conducted on all church accounts under control of the Treasurer. Section Three: Compensation of Pastor and Staff The Church Board, in consultation with the Pastor, shall review the Pastor's salary annually in order to provide an adequate income to meet changes in cost of living, and he shall be given regular and adequate financial support from the funds of the church, including housing allowance, retirement programs and reimbursements, to be paid in amounts and at such intervals as may be fixed by the Church Board, in accordance with law and ability of the church, The Pastor should be given at least two weeks vacation with pay after his first year of service to the church. Employees and Pastoral Staff should be reasonably compensated and given paid vacations after their first year of service to the church. Section Four: Reimbursements ,ru— -D—.,,4 qU�iJA "r,--.xAA- -rnr nif authorized expenses incurred by the -L LIC, J-J%Jcttu F----- --- — -- Pastor and other employees, volunteers and representatives of the church, including delegates to District Council and General Council conventions, in the course of their duties and services for the church. Section Five: Compensation of Church Board Unless otherwise employed by the church, the members of the Church Board shall not receive compensation for their services or their time involved in meetings of the Church Board. There shall, however, be reimbursement for expenses incurred on behalf of the church or in the course of the church business, including extraordinary expenses incurred on account of attendance at meetings of the membership or the Church Board. Accounts for expenses shall be submitted to and paid by the Treasurer of the church, and paid out of church funds without further approval or resolution, prima facie bona fide. Section Six: Restrictions on Expenditures Any single transaction or project that contemplates an expenditure or debt in excess of a sum equal to ten percent (10%) of the annual general fund budget must first have approval of the membership. Approval of the membership in this regard shall require a two-thirds affirmative vote to authorize such expenditure. Section Seven:. Stewardship and Miscellaneous Special Offerings The church shall solicit and receive from the congregation and membership a regular monthly World Missions offering, the receipts of which should be then forthwith sent to the appropriate department of the Assemblies of God. This church shall cooperate with and support, according to its ability, the current plans of Stewardship of the Assemblies of God, and other departments, ministries and programs of the District Council and General Council. It is the policy and standard of this church to avoid conflicts involving hostile confrontations and judicial proceedings in secular courts, and to resolve disputes in the way provided by the Scriptures, and in manner following: Section One: Disputes between Individuals 101 A.- Grievances or disputes between individual members of this church, or involving a member of this church, shall be first negotiated between the disputants in good faith and Christian deportment. For failure of satisfactory negotiation between them, the matter should be then submitted to the Paster for mediation or decision. If the Pastor is unable to resolve the matter between the parties, at request of either or any of them the matter shall be heard before the Church Board, or a panel of spiritually qualified people chosen by the Church Board (hereinafter referred to as the Panel) with both parties being given equal opportunity to present their respective positions to the panel. B. -In event the matter is taken beyond mediation with the Pastor, the Church Board shall fix such reasonable rules and procedural guidelines as they deem just and proper for the parties to present their respective positions before the Panel, so that good manners, propriety and prudence be preserved. Each party should be allowed to have the assistance of a layperson from the membership to assist in presentation of respective positions. In matters resolved by the Church Board without further action, same shaft be treated as privileged, and any record of such proceedings shall be sealed and not avafl'a-ble to any 'LWrd pdal—Ey or VothVe.—tWise exert, upon c04itten mutual consent of the 11%1%,Ft, UF�-- disputants. These proceedings are binding arbitration, and there shall be no other remedy between the parties beyond those herein provided. It is intended that these provisions will resolve Misunderstandings and help to quiet personal grievances, so to promote peace and harmony within the church. Domestic Relations matters or disputes between immediate family members should not be entertained beyond mediation through the Pastor. It is not contemplated that these procedures apply to legitimate claims for physical injuries, or in lieu of civil remedies arising out of accidents. Section Two: Disputes between Individuals or Factions and the Church or Church Board A.- Disputes involving individuals or factions within or outside the church against the Church Board or the entire membership of the church, or the church corporation, shall be resolved by binding arbitration. B. - The forum for arbitration of disputes concerned in this Section is the District Council; and, the arbitration panel shall be comprised of three disinterested persons, which three persons shall be appointed by the District Superintendent, preferably from among the District Council Executive Officers and/or the Presbytery. C.- The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and. present their respective positions, and shall fix reasonable procedural guidelines for presentation thereof by the parties, as the panel deems just, proper and fair. The determination and award, or other disposition made by the panel of arbitrators, shall be final and conclusive, and binding upon the parties, from which there shall be no appeal. Section Three. Disputes between factions and the District Council Disputes and grievances by this church or any minister, member or faction within this church against the District Council or otherwise adversely affecting the District Council shall be resolved by binding arbitration, by submitting same to the General Secretary of The General Council of the Assemblies of God, Springfield, Missouri, for resolution according to such rules and regulations as he may set, and in accordance with the By-Laws of the General Council, as such By-Laws are now or from time to time may be amended. The determination made by the General Secretary or his designees shall be final and binding between the parties, from which there shall be no appeal. M, Section Four: Alternative Resolution In event the District Superintendent or General Secretary cannot resolve the disagreements, or is unwilling or unable to appoint a panel to hear and determine the matters in dispute, as indicated in Section Two and Section Three above, the matter shall be heard before an arbitration panel selected as follows: each disputant faction shall select a single arbitrator, and the arbitrators together shall then select a single separate and wholly neutral arbitrator to serve on the arbitration panel. In event such arbitrators are unable to agree upon the neutral arbitrator, then such third arbitrator shall be determined under procedures provided in the Uniform Arbitration Act. All persons serving on such arbitration panel must be practicing born-again Christians. The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and present their respective positions, and shall fix procedural gu ide lin es for presentation thereof by the parties, as the panel deems just, proper and fair. A final determination and 1'. award may be made by decision ofawy two of1suclu aarbituriators. ARTICLE TWELVE - AMENDMENTS Amendments to these By-Laws may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting of the membership of this church specially called for that purpose, provided that such Business Meeting has been duly called and noticed at least two Sundays prior to such meeting, and as provided elsewhere in these By-Laws. The proposed amendment text shall be publicly posted in a conspicuous place within view of attendees at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to these By-Laws shall require a two-thirds affirmative vote of those active voting -members present and voting at such Business Meeting, after a quorum is established. NMI 1 1 0 VATE F 1.1 a K H M .13 a 10 But 14 THIS IS TO CERTIFY: That I am the duly elected, qualified and serving Secretary of CHURCH OF THE REDEEMER and that the above and foregoing code of Constitution & By-Laws was submitted to the Membership and was ratified and adopted as the Constitution and By-Laws of the corporation by the required vote of Membership entitled to exercise the voting power of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal this date: Secretary Proofread \corrected by Charlotte 9-26-99\ Copy from disk on hard drive disk BYLAW S-DOC9-24-99.DOC 20 The Bible is our all-sufficient rule for faith and practice, This Statement of Fundamental Truths is intended simply as a basis of fellowship among us (i.e., that we all speak the same thing, I Corinthians 1:10, Acts 2:42). The phraseology employed in this statement is not inspired or contended for, but the truth set forth is held to be essential to a full-gospel ministry. No claim is made, that it contains all Biblical truth, only that it covers our need as to these fundamental doctrines. 1. The Scriptures Inspired The Scriptures, both the Old and New Testaments, are verbally inspired of God and are the revelation of God to man, the infallible, authoritative rule of faith and conduct (2 Timothy 3:15- 17; 1 Thessalonians 2:13, 2 Peter 1:21). The one true God has revealed himself as the eternally self-existent "I AM," the Creator of heaven and earth and the Redeemer of mankind. He has further revealed himself as embodying the _: —1— -r wand ansisociattion as Father, Son, and Holy Ghost (Deuteronomy 6:4. P.1111CIFICS 01 1-UPRIMS.-F Isaiah 43:10,11; Matthew 28:19, Luke 3:22). (a) Terms Defined The terms trinity and persons, as related to the Godhead, while not found in the Scriptures, are words in harmony with Scripture, whereby we may convey to others our immediate understanding of the doctrine of Christ respecting the Being of God, as distinguished from "gods many and lords many." We therefore may speak with propriety of the Lord our God, who is One Lord, as a Trinity or as one Being of three persons, and still be absolutely scriptural (examples, Matthew 28:19, 2 Corinthians 13:14; John 14:16,17). (b)Distinction and Relationship in the Godhead Christ taught a distinction of persons in the Godhead which He expressed in specific terms of relationship, as Father, Son, and Holy Ghost, but that this distinction and relationship as to its mode is inscrutable and incomprehensible, because unexplained (Luke 1:35; 1 Corinthians 1:24; Matthew 11:25-27; 28:19; 2 Corinthians 13:14; 1 John 1:3,4). The Statement of Fundamental Truths of The General Council of the Assemblies of God 1 (c) Unity of the One Being of Father, Son, and Holy Ghost Accordingly, therefore, there is that in the Father which constitutes Him the Father and not the Son; there is that in the Son which constitutes Him the Son and not the Father; and there is that in the Holy Ghost which constitutes Him the Holy Ghost and not either the Father or the Son. Wherefore the Father is the Begetter, the Son is the Begotten; and the Holy Ghost if the One proceeding from the Father and the Son. Therefore, because these three persons in the Godhead are in a state of unity, there is but one Lord God Almighty and His name one (John 1:18; 15:26;17:11,21; Zechariah 14:9). (d)Identity and Cooperation in the Godhead +r, % rontv nar con-ffised as The Father, the Son, and the Holy Ghost are nevertuent4ced as to peism, to relation; nor divided in respect to the Godhead; nor opposed as to cooperation. The Son is in the Father and the Father is in the Son as to relationship. The Son is with the Father and the Father is with the Son, as to fellowship. The Father is not from the !3mn, but the Son is from the Father, as to authority. The Holy Ghost is from the Father and the Son proceeding as to nature, relationship, cooperation and authority. Hence no person in the Godhead wither exists or works separately or independently of the others (John 5:17- 34,32,37; 8:17,18). (e) The Title, Lord Jesus Christ The appellation Lord Jesus Christ, is a proper name. it is never applied in the New Testament either to the Father or to the Holy Ghost. It therefore belongs exclusively to the Son of God. (Romans 1:1 -3,7; 2 John 3). (f) The Lord Jesus Christ, God with us The Lord Jesus Christ, as to His divine and eternal nature, is the proper and only Begotten of the Father, but as to His human nature, He is the proper Son of Man. He is, therefore, acknowledged to be both God and man; who because He is God and man, is "Immanuel," God with us. (Matthew 1:23; 1 John 4:2,10,14; Revelation 1:13,17). (g)The Title, Son of God Since the name Immanuel embraces both God and man, in the one person, our Lord Jesus Christ, it follows that the title Son of God describes His proper deity, and the title Son of Man, FES proper humanity. Therefore, the title Son of God belongs to the order of eternity, and the title Son of Man to the order of time (Matthew 1:21-23; 2 John 3; 1 John 3:8; Hebrews 7:3, 1:1-13). (h) Transgression of the Doctrine of Christ Wherefore, it is a transgression of the doctrine of Christ to say that Jesus Christ derived the title Son of God solely from the fact of the Incarnation, or because of His relation to the economy of redemption. Therefore, to deny that the Father is a real and eternal Father, and that the Son is a real and eternal Son, is a denial of the distinction and relationship in the Being of God; a denial of The Statement of Fundamental Truths of The General Councit of the Assemblies of God 2 the Father and the Son; and a displacement of the truth that Jesus Christ is come in the flesh (2 John 9; John 1:1,2,14,18,29,49; 1 John 2:22,23; 4.1-5; Hebrews 12:2). (i) Exaltation of Jesus Christ as Lord The Son of God, our Lord Jesus Christ, having by himself purged our sins, sat down on the right hand of the Majesty on high, angels and principalities and powers having been made subject unto Him. And having been made both Lord and Christ, He sent the Holy Ghost that we, in the name of Jesus, might bow our knees and confess that Jesus Christ is Lord to the glory of God the Father until the end, when the Son shall become subject to the Father that God may be all in all (Hebrews 13; 1 Peter 3:22; Acts 2:32-36; Romans 14-11; 1 Corinthians 15:24-29). Equal Honor to the Father and to the Son Wherefore, since the Father has delivered all judgment unto the Son, it is not only the express duty of all in heaven and on earth to bow the knee, but it an unspeakable joy in the Holy Ghost to ascribe unto the Son all the attributes of deity, and to give Him all the honor and the glory contained in all the names and titles of the Godhead except those which express relationship (see paragraphs b, c, and d), and thus honor the Son even as we honor the Father (John 5:22,23; 1 Peter 1:8, Revelation 5:6-14, Philippians 2:8,9; Revelation 7:9,10; 4:8 -11). 3. The Deity of the Lord Jesus Christ The Lord Jesus Christ is the eternal Son of God. The Scriptures declare: (a)His virgin birth (Matthew 1:23; Luke 1:31,35). "I"l-lis sinless life (Hebrews 7:26; 1 Peter 222). (c)His miracles (Acts 2:22; 10:38). (d)His substitutionary work on the cross (I Corinthians 15:3; 2 Corinthians 5:21). (e)His bodily resurrection from the dead (Matthew 28:6; Luke 24:39; 1 Corinthians 15:4). (f) His exaltation to the right hand of God (Acts 1 :9,11; 2:33; Philippians 2:9-11; Hebrews 1:3). 4. The Fall of Man Man was created good and upright; for God said, "Let us make man in our image, after our likeness." However, man by voluntary transgression fell and thereby incurred not only physical death but also spiritual death, which is separation from God (Genesis 1-26,27; 2:17; 3:6; Romans 5:12-19). 5. The Salvation of Man Man's only hope of redemption is through the shed blood of Jesus Christ the Son of God. The Statement of Fundamental Truths of The General Council of the Assemblies of God (a) Conditions to Salvation Salvation is received through repentance toward God and faith toward the Lord Jesus Christ. By the washing of regeneration and renewing of the Holy Ghost, being justified by grace through faith, man becomes an heir of God according to the hope of eternal life (Luke 24:47; John 3:3; Romans 10:13 -I5; Ephesians 2:8; Titus 2:11; 3:5-7). (b)The Evidences of Salvation The inward evidence of salvation is the direct witness of the Spirit (Romans 8:16). The outward evidence to all men is a fife of righteousness and true holiness (Ephesians 4:24; Titus 2:12). 6. The Ordinances of the Church () Baptism in Water The ordinance of baptism by immersion is commanded in the Scriptures. All who repent and believe on Christ as Saviour and Lord are to be baptized. Thus they declare to the world that they have died with Christ and that they also have been raised with Him to walk in newness of life (Matthew 28:19; Mark 16:16; Acts 10.47,48; Romans 6:4). (b)Holy Communion ' The Lords Supper, consisting of the elements bread and the fruit of the vine is the symbol expressing our sharing the divine nature of our Lord Jesus Christ (2 Peter 1:4); a memorial of His suffering and death (I Corinthians 11:26); and a prophecy of His second coming (I Corinthians 11:26 j; and is enjoined on all believers "till He come! 7. The Baptism in the Holy Ghost All believers are entitled to and should ardently expect and earnestly seek the promise of the Father, the baptism in the Holy Ghost and fire, according to the command of our Lord Jesus Christ. This was the normal experience of all in the early Christian church. With it comes the enduernent of power for life and service, the bestowment of the gifts and their uses in the work of the ministry (Luke 24.49; Acts 1:4,8; 1 Corinthians 12:1 -31). This experience is distinct from and subsequent to the experience of the new birth (Acts 8 :12 -17; 10:44-46; 11:14 -16; 15:7-9), With the baptism in the Holy Ghost come such experiences as an overflowing fullness of the Spirit (John 7:37-39; Acts 4:8), a deepened reverence for God (Acts 2:43; Hebrews 12:28), an intensified consecration to God and dedication to His work (Acts 2:42), and a more active love for Christ, for His Word, and for the lost (Mark 16:20), 8. The Initial Physical Evidence of the Baptism in the Holy Ghost The baptism of believers in the Holy Ghost is witnessed by the initial physical sign of speaking with other tongues as the Spirit of God gives them utterance (Acts 2:4). The speaking in tongues The ,Statement of Fundamental Truths of The General Council of the Assemblies of God 4 in this instance is the same in essence as the gift of tongues (I Corinthians 12:4-10,28), but different in purpose and use. 9. Sanctification Sanctification is an act of separation from that which is evil, and of dedication unto God (Romans 12:1,2; 1 Thessalonians 5:23; Hebrews 13:12). Scriptures teach a life of "holiness without which no man shall see the Lord" (Hebrews 12:14). By the power of the Holy Ghost we are able to obey the command: "Be ye holy, for I am holy" (I Peter 1:15,16) Sanctification is realized in the believer by recognizing his identification with Christ in His death and resurrection, and by faith reckoning daily upon the fact of that union, and by offering every faculty continually t o the do mini on of the 1111 olly SS p n it k'Ro M I —all SS 6. y -1 11. 8. 1, 2,13; Galatians 2:20; Philippians 2:12,13; I Peter 1:5). 10. The Church and Its Mission The Church is the body of Christ, the habitation of God through the Spirit, with divine appointments for the fulfillment of her great commission. Each believer, born of the Spirit, is an integral part of the general assembly and the church of the firstborn, which are written in heaven (Ephesians 1:22,23; 2:22; Hebrews 12:23). Since God's purpose concerning man is to seek and to save that which is lost, to be worshiped by man, and to build a body of believers in the image of His Son, the priority reason-for-being of the We Assemblies of God- as ,,art of the Church is: a. To be an agency of God for evangelizing the world (Acts 1:8; Matthew 29:19,20; Mark 16:15,16). b. To be a corporate body in which man may worship God (I Corinthians 12:13). c. To be a channel of God's purpose to build a body of saints being perfected in the image of His Son (Ephesians 4:1116; 1 Corinthians 12:28; 14:12). The Assemblies of God exists expressly to give continuing emphasis to this reason- for-being in the New Testament apostolic pattern by teaching and encouraging believers to be baptized in the Holy Spirit. This experience: a. Enables them to evangelize in the power of the Spirit with accompanying supernatural signs (Mark 16:15-20; Acts 4:29-31; Hebrews 2:3,4). b. Adds a necessary dimension to a worshipful relationship with God (I Corinthians 2:10-16; 1 Corinthians 12-14). c. Enables them to respond to the full working of the Holy Spirit in expression of fruit and gifts and ministries as in New Testament times for the edifying of the body of Christ (Galatians 5:22-26; 1 Corinthians 14:12; Ephesians 4:11,12; 1 Corinthians 12:28, Colossians 1:29). The Statement of r4undamental Truths of The Gene" Council Ofthe Assemblies Of God 11. The Ministry A divinely called and scripturally ordained ministry has been provided by our Lord for the threefold purpose of leading the Church in: (1) evangelization of the world (Mark 16:15-20), (2) worship of God (John 4:23,24), and (3) building a body of saints being perfected in the image of His son (Ephesians 4:11,16). 12, Divine Healing Divine healing is an integral part of the gospel. Deliverance from sickness is provided for in the Atonement, and is the privilege of all believers (Isaiah 53:4,5; Matthew 8:16,17; James 5:14-16). 13. The Blessed Hope The resurrection of those who have fallen asleep in Christ and their translation together with those who are alive and remain unto the coming of the Lord is the imminent and blessed hope of the Church (I Thessalonians 4:16,17; Romans 8:23; Titus 2:13; 1 Corinthians 15:51, 52). 14. The Millennial Reign of Christ The second coming of Christ includes the rapture of the saints, which is our blessed hope, followed by the visible return of Christ with His saints to reign on the earth for one thousand years (Zechariah 14.5; Matthew 24:27,30; Revelation 1:7; 19:11-14; 20,1-6). This millennial reign will bring the salvation of national Israel (Ezekiel 37:21,22; Zephaniah 3:19,20; Romans 11:26,27) and the establishment of universal peace (Isaiah 11:6-9; Psalm 72:3-9; Micah 4:3,4). 15. The Final Judgment There will be a final judgment in which the wicked dead will be raised and judged according to their works. Whosoever is not found written in the Book of Life, together with the devil and his angels, the beast and the false prophet, will be consigned to everlasting punishment in the lake which burneth with fire and brimstone, which is the second death (Matthew 25:46, Mark 9:4348; Revelation 19:20; 20:11-15; 21:8). 16. The New Heavens and the New Earth "We, according to His promise, look for new heavens and a new earth, wherein dwelleth righteousness" (2 Peter 3:13; Revelation 21,22). The Statement of Fundamental Truths of The General Council of the Assemblies of God To be formally adopted as part of Constitution and By -Laws THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD STATEMENT OF FUNDAMENTAL TRUTHS -1996 The Bible is our all- sufficient rule for faith and practice. This Statement of Fundamental Truths is intended simply as a basis of fellowship among us (i.e., that we all speak the same thing, 1 Corinthians 1:10, Acts 2:42). The phraseology employed in this statement is not inspired or contended for, but the truth set forth is held to be essential to a full- gospel ministry. No claim is made that it contains all Biblical truth, only that it covers our need as to these fundamental _ _tr n_. UUC%L11i1G5. 1. The Scriptures Inspired The Scriptures, both the Old and New Testaments, are verbally inspired of God and are the revelation of God to man, the infallible, authoritative rule of faith and conduct (2 Timothy 3:15- 17; 1 Thessalonians 2:13, 2 Peter 1:21). 2. The One True God The one true God has revealed himself as the eternally self - existent "I AM," the Creator of heaven and earth and the Redeemer of mankind. He has further revealed himself as embodying the principles of relationship and association as Father, Son, and Holy Ghost (Deuteronomy 6:4, Isaiah 43: 10, 11; Matthew 28 :19, Luke 3 :22 j. (a)Terms Defined The terms trinity and persons, as related to the Godhead, while not found in the Scriptures, are words in harmony with Scripture, whereby we may convey to others our immediate understanding of the doctrine of Christ respecting the Being of God, as distinguished from "gods many and lords many." We therefore may speak with propriety of the Lord our God, who is One Lord, as a Trinity or as one Being of three persons, and still be absolutely scriptural (examples, Matthew 28:19, 2 Corinthians 13:14; John 14:16,17). (b)Distinction and Relationship in the Godhead Christ taught a distinction of persons in the Godhead which He expressed in specific terms of relationship, as Father, Son, and Holy Ghost, but that this distinction and relationship as to its mode is inscrutable and incomprehensible, because unexplained (Luke 1:35; 1 Corinthians 1:24; Matthew 11:25 -27; 28:19; 2 Corinthians 13:14; 1 John 1:3,4). The Statement of Fundamental Truths of The General Council of the Assemblies of God 1 (c) Unity of the One Being of Father, Son, and Holy Ghost Accordingly, therefore, there is that in the Father which constitutes Him the Father and not the Son; there is that in the Son which constitutes Him the Son and not the Father; and there is that in the Holy Ghost which constitutes Him the Holy Ghost and not either the Father or the Son. Wherefore the Father is the Begetter, the Son is the Begotten; and the Holy Ghost if the One proceeding from the Father and the Son. Therefore, because these three persons in the Godhead are in a state of unity, there is but one Lord God Almighty and His name one (John 1:18; 15:26;17:11,21; Zechariah 14:9). (d)Identity and Cooperation in the Godhead The Father, the Son, and the Holy Ghost are never identical as to person; nor confused as t the Goat_eadd; to do Son i to relation; nor divided ut respect �o �ttG �suUtlGaLL, nor opposed as �V cooperation. The � s in the Father and the Father is in the Son as to relationship. The Son is with the Father and the Father is with the Son, as to fellowship. The Father is not from the Son, but the Son is from the Father, as to authority. The Holy Ghost is from the Father . and the Sonn proceeding as to nature, relationship, cooperation and authority. Hence no person in the Godhead wither exists or works separately or independently of the others (John 5:17- 30,32,37; 8:17,18). (e) The Title, Lord Jesus Christ The appellation Lord Jesus Christ, is a proper name. It is never applied in the New Testament either to the Father or to the Holy Ghost. It therefore belongs exclusively to the Son of God. (Romans 1:1 -3,7; 2 John 3). (f) The Lord Jesus Christ, God with us The Lord Jesus Christ, as to His divine and eternal nature, is the proper and only Begotten of the Father, but as to His human nature, He is the proper Son of Man. He is, therefore, acknowledged to be both God and man; who because He is God and man, is "Immanuel," God with us. (Matthew 1:23; 1 John 4:2,10,14; Revelation 1:13,17). (g)The Title, Son of God Since the name Immanuel embraces both God and man, in the one person, our Lord Jesus Christ, it follows that the title Son of God describes His proper deity, and the title Son of Mart, His proper humanity. Therefore, the title Son of God belongs to the order of eternity, and the title Son of Man to the order of time (Matthew 1:21 -23; 2 John 3; 1 John 3:8; Hebrews 7:3; 1:1 -13). (h) Transgression of the Doctrine of Christ Wherefore, it is a transgression of the doctrine of Christ to say that Jesus Christ derived the title Son of God solely from the fact of the Incarnation, or because of His relation to the economy of redemption. Therefore, to deny that the Father is a real and eternal Father, and that the Son is a real and eternal Son, is a denial of the distinction and relationship in the Being of God; a denial of The Statement of Fundamental Truths of The General Council of the Assemblies of God 2 the Father and the Son; and a displacement of the truth that Jesus Christ is come in the flesh (2 John 9; John 1:1,2,14,18,29,49; 1 John 2:22,23; 4:1 -5; Hebrews 12:2). (i) Exaltation of Jesus Christ as Lord The Son of God, our Lord Jesus Christ, having by himself purged our sins, sat down on the right hand of the Majesty on high, angels and principalities and powers having been made subject unto Him. And having been made both Lord and Christ, He sent the Holy Ghost that we, in the name of Jesus, might bow our knees and confess that Jesus Christ is Lord to the glory of God the Father until the end, when the Son shall became subject to the Father that God may be all in all (Hebrews 1:3; 1 Peter 3:22; Acts 2:32 -36; Romans 14:11; 1 Corinthians 15:24 -28). Equal Honor to the Father and to the Son Wherefore, since the Father has delivered all judgment unto the Son, it is not only the express duty of all in heaven and on earth to bow the knee, but it an unspeakable joy in the Holy Ghost to ascribe unto the Son all the attributes of deity, and to give Him all the honor and the glory contained in all the names and titles of the Godhead except those which express relationship (see paragraphs b, c, and d), and thus honor the Son even as we honor the Father (John 5:22,23; 1 Peter 1:8, Revelation 5 :6 -14, Philippians 2:8,9; Revelation 7:9,10; 4 :8 -11). 3. The Deity of the Lord Jesus Christ The Lord Jesus Christ is the eternal Son of God. The Scriptures declare: (a)His virgin birth (Matthew 1:23; Luke 1:31,35). (b)His sinless life (Hebrews 7:26; 1 Peter 2:22). (c)His miracles (Acts 22) v :38). (d)His substitutionary work on the cross (1 Corinthians 15:3; 2 Corinthians 5 :21). (e)His bodily resurrection from the dead (Matthew 28:6; Luke 24:39; 1 Corinthians 15:4). (f) His exaltation to the right hand of God (Acts 1:9,11; 2:33; Philippians 2:9 -11; Hebrews 3). 4. The Fall of Man Man was created good and upright; for God said, "Let us make man in our image, after our likeness." However, man by voluntary transgression fell and thereby incurred not only physical death but also spiritual death, which is separation from God (Genesis 1:26,27; 2:17; 3:6; Romans 5:12 -19). 5. The Salvation of Man Man's only hope of redemption is through the shed blood of Jesus Christ the Son of God. The Statement of Fundamental Truths of The General Council of the Assemblies of God (a) Conditions to Salvation Salvation is received through repentance toward God and faith toward the Lord Jesus Christ. By the washing of regeneration and renewing of the Holy Ghost, being justified by grace through faith, man becomes an heir of God according to the hope of eternal life (Luke 24:47; John 3:3; Romans 10:13 -15; Ephesians 2:8; Titus 2:11; 3:5 -7). (b)The Evidences of Salvation The inward evidence of salvation is the direct witness of the Spirit (Romans 8:16). The outward evidence to all men is a life of righteousness and true holiness (Ephesians 4:24; Titus 2:12). 5. The Ordinances of the C"hnreh (a) Baptism in Water The ordinance of baptism by immersion is commanded in the Scriptures. All who repent and believe on Christ as Saviour and Lord are to be baptized. Thus they declare to the world that they have died with Christ and that they also have been raised with Him to walk in newness of life (Matthew 28:19; Mark 16:16; Acts 10:47,48; Romans 6:4). (b)Holy Communion The Lord's Supper, consisting of the elements bread and the fruit of the vine is the symbol expressing our sharing the divine nature of our Lord Jesus Christ (2 Peter 1:4); a memorial of His suffering and death (1 Corinthians 11:26); and a prophecy of His second coming (1 Corinthians 11:26); and is enjoined on all believers "till He come!" 7. The Baptism in the Holy Ghost All believers are entitled to and should ardently expect and earnestly seek the promise of the Father, the baptism in the Holy Ghost and fire, according to the command of our Lord Jesus Christ. This was the normal experience of all in the early Christian church. With it comes the enduement of power for life and service, the bestowment of the gifts and their uses in the work of the ministry (Luke 24:49; Acts 1:4,8; 1 Corinthians 12:1 -31). This experience is distinct from and subsequent to the experience of the new birth (Acts 8:12 -17; 10:44 -46; 11:14 -16; 15:7 -9). With the baptism in the Holy Ghost come such experiences as an overflowing fullness of the Spirit (John 7:37 -39; Acts 4:8), a deepened reverence for God (Acts 2:43; Hebrews 12:28), an intensified consecration to God and dedication to His work (Acts 2:42), and a more active love for Christ, for His Nord, and for the lost (Mark 16:20). 8. The Initial Physical Evidence of the Baptism in the Holy Ghost The baptism of believers in the Holy Ghost is witnessed by the initial physical sign of speaking with other tongues as the Spirit of God gives them utterance (Acts 2:4). The speaking in tongues The Statement of Fundamental Truths of The General Council of the Assemblies of God in this instance is the same in essence as the gift of tongues 0 Corinthians 12:4-10,28), but different in purpose and use. 9. Sanctification Sanctification is an act of separation from that which is evil, and of dedication unto God (Romans 12:1,2; 1 Thessalonians 5:23; Hebrews 13:12). Scriptures teach a life of "holiness without which no man shall see the Lord" (Hebrews 12:14). By the power of the Holy Ghost we are able to obey the command: "Be ye holy, for I am holy" (I Peter 1:15,16) Sanctification is realized in the believer by recognizing his identification with Christ in His death and resurrection, and by faith reckoning daily upon the fact of that union, and by offering} every faculty continually to the don =—on o 'L the Holy Spirit (Romans AW 1. 1. , 58 - 1,2,13; C-raatinns 2:20; Philippians 2:12,13; 1 Peter 1:5). 10. The Church and Its Mission The Church is the body of Christ, the habitation of God through the Spirit, with divine appointments for the fulfillment of her great commission. Each believer, born of the Spirit, is an integral part of the general assembly and the church of the firstborn, which are written in heaven (Ephesians 1:22,23; 2:22; Hebrews 12:23). Since God's purpose concerning man is to seek and to save that which is lost, to be worshiped by marl, and to build a body of believers in the image of His Son, the priority reason - for -being of the ,,.,.,e Assemblies of God as part of the Church is: a. To be an agency of God for evangelizing the world (Acts 1:8; Matthew 28:19,20; Mark 16.15,16). b. To be a corporate body in which man may worship God (I Corinthians 12:13). c. To be a channel of God's purpose to build a body of saints being perfected in the image of His Son (Ephesians 4:11-16; 1 Corinthians 12:28; 14:12). The Assemblies of God exists expressly to give continuing emphasis to this reason- for-being in the New Testament apostolic pattern by teaching and encouraging believers to be baptized in the Holy Spirit. This experience: a. Enables them to evangelize in the power of the Spirit with accompanying supernatural signs (Mark 16:15-20; Acts 4:29-31; Hebrews 2:3,4). b. Adds a necessary dimension to a worshipful relationship with God (I Corinthians 2:10-16; 1 Corinthians 12-14). c. Enables them to respond to the full working of the Holy Spirit in expression of fruit and gifts and ministries as in New Testament times for the edifying of the body of Christ (Galatians 5:22-26; 1 Corinthians 14:12; Ephesians 4:11,12; 1 Corinthians 12:28; Colossians 1:29). The Statement of Fundamental Truths of The General Council of the Assemblies of God 11. The Ministry A divinely called and scripturally ordained ministry has been provided by our Lord for the threefold purpose of leading the Church in: (1) evangelization of the world (Mark 16:15-20), (2) worship of God (John 4:23,24), and (3) building a body of saints being perfected in the image of FES son (Ephesians 4:11,16). 12. Divine Healing Divine healing is an integral part of the gospel. Deliverance from sickness is provided for in the & -ts believers X Atonement, and is the privilege of all believers (Isaiah 53':4,5; Tvlatulekv 8:16,17; James 13. The Blessed Hope The resurrection of those who have fallen asleep in Christ and their translation together with those who are alive and remain unto the coming of the Lord is the imminent and blessed hope of the Church (I Thessalonians 4:16,17; Romans 8:23; Titus 2:13; 1 Corinthians 15:51, 52). 14. The Millennial Reign of Christ The second coming of Christ includes the rapture of the saints, which is our blessed hope, followed by the visible return of Christ with His saints to reign on the earth for one thousand Y..-r. V� 0 (Zechaviah. 14:5; Matthew 24-27,30; Revelation 1:7- 19:11-14- 20:1-6). This millennial reign will bring the salvation of national Israel (Ezekiel 37:21,22; Zephaniah 3:119,20, Romans 11:26,27) and the establishment of universal peace (Isaiah 11:6-9; Psalm 72:3-8; Micah 4:3,4). 15. The Final Judgment There will be a final judgment in which the wicked dead will be raised and judged according to their works. Whosoever is not found written in the Book of Life, together with the devil and his angels, the beast and the false prophet, will be consigned to everlasting punishment in the lake which burneth with fire and brimstone, which is the second death (Matthew 25:46, Mark 9:43-48; Revelation 19:20; 20:11-15; 21:8). 16. The New Heavens and the New Earth "We, according to FES promise, look for new heavens and a new earth, wherein dwelleth righteousness" (2 Peter 3:13; Revelation 21,22). The Statement of Fundamental Truths of The General Council of thce Assemblies 011 k;00 I-) t*1 - �i F, 1� WFI � SE,.- _,_,,,a St ate ofi California Bill Jones State ENDORSED FILED Secretary of 4 ft off" of ft S=tmy at ftm in STATEMENT BY DOMESTIC NONPROFIT CORPORATION of ft stat Of Caub"T;a THIS STATEMENT MUST BE FILED WI1H 96630 COIIPOnA-IIONS C(-)DF) FEB 1 5 2000 CALIFORNIA SECRETARY OF STATE (SECTIONS 62M 8210, THE $10 FILING FEE MUST ACCOMPANY THIS STATEMENT. BILLJONES, Semta•y of State California Corporate Number: 0437263 CHURCH OF THE REDEEMER OF THE ASSEMBLIES OF GOD DO NOT ALTER PREPRINTED HAPAE. IF iTRA 1 1, 13I.Al-W, 1`1 FA.",I- FH1[ 11 C;rfll'()IIAII WWI IN THIF' (40MOIA111=1 THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES THE FOLLOWING STATEMENT 2. STREET ADDRESS OF PRINCIPAL OFFICE SUITE OR ROOM 2A. 2 B. NONE, ONE, COMPLETE 3-3B) F91706 3739 North Monterey Ave. Baldwin Park, CA (00 NOT USE P.O. Z30X NO.) CITY AND - STATE 3A. Baldwin Park, CA ZIP - CODE B, 91706 3. MAILING ADDRESS 3739 North Monterey Ave. SUITE OR, ROOM CITY AND STATE THE KIAAAES Lao OF THE FOLLOWING OFFICERS ARE: 1161A I IWI 4. CHIEF EXECUTIVE OFFICER 4A. STREET ADDRESS (SEE REVERSE SIDEI 4B. CITY AND STATE 4C. ZIP CODE Rev. Areliano Flores 3739 No. Monterey Ave. Baldwin Park, CA 91706 5B. CITY AND SIAIE sc, ZIP CODE S. SECRETARY 5A. STREET ADDRESS (SEE REVERSE SIDE) Josephine Castillo 3739 No. Monterey Ave. Baldwin Park, CA 6B. CITY AND STATE Baldwin Park, CA 91 7 06 6C. ZIP CODE 6. CHIEF FINANCIAL OFFICER 6A. STREET ADDRESS (SEE REVERSE SIDE) George Aguilar 3739 No. Monterey Ave. 191706 (ONE AGENT IS REQUIRED BY CALIF-ORIIIA S'Alljmf- rRoVIS10- DESIGNATED AGENT FOR SERVICE OF PROCESS PLEASE READ ITEMS 7 AND 8 014 REV SIDE OF FUM-1-1 7. NAME Rev. Sam Sanchez S. CALIFORNIA STREET ADDRESS IF AGENT IS AN INDIVIDUAL (DO NOT USE P.O. BOX) DO NOT INCLUDE ADDRESS IF AGENT IS A CORPORATION 614 So. Fifth Street La Puente, CA 91746 COMMON INTEREST DEVELOPMENT ASSOCIATION SECTION 1350, ET SEC., CIVIL CODE 9• THIS CORPORATION 15 NOT AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT IIF THIS BOX IS CHECKED. F-i PROCEED TO NUMBER It.) 10. THIS CORPORATION IS AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT UNDER THE DAVIS-STIRLING ElCOMMON INTEREST DEVELOPMENT ACT. (IF THIS BOX 15 CHECKED, COMPLETE IDA AND 108.1 OB. NAME AND ADDRESS OF THE MANAGING AGENT —[1-17— 1 - 11. 1 DECLARE THAT I HAVE EXAMINED THIS STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF. is U . CO R CT AND COMPLETE. 2-15-00 Attorney /Agent ALLEN JAN - TYPE OR PRINT NAME OF SIGNING OFFICER OR AC',FNI DATE TITLE !2 --- ASSEMBLIES OF GOD SO4 RN PACIFIC LATIN ' AMERICAN DISTRICT COUNCIL Legal Department 6051 So. Watt Avenue POST OFFICE BOX 278300 SACRAMENTO, CALIFORNIA 95827 Phone: (916) 379-9680 FAX (916) 379-9698 February 17, 2000 J-^K1p1n1=K1T1AL FAX MEMORANDUM to: INTERNAL REVENUE SERVICE FEID # ISSUANCE DESK FAX (801) 620-7115 from: ALLEN JAN subject: IGLESIAS CpjSTL4,NAS DEL REDENTOR, INC. FEID# 95-6111610 a local enw-Th' P-10gra-m of the Assem1dies of God e��` Rcyt U. S. TREASURY DEPARTMENT MENT INTERNAL.. REVENUE SERVICE WASHINGTON 25, D. C. S£avtcE. IN REPLY REFER TO :R: FO: 5 Jill A U G 3 11964 . General Council of the Assemblies of God 1 45 Boonv ilI e Avenue Springfield, ii ssouri 65502 Gentlemen: _ We have considered your request for a group ruling holding your subordinate units exempt from Federal income tax as organ- izations described in section 501(c)(3) of the Internal Revenue Code of 1954 - Our records disclose that you were held exempt from Federal income tax under section 23 1(6) of the Revenue Act of 1921 on April 15, 1922. On September 14, 1935 you were held exempt under section 101(6) of the Revenue Act of 1934, which ruling was af- firmed under the Revenue Act of 1936 on April 27, 1935- On } September 20, 1955 the District Director held that since sec - tion 501(c)(3) of the-1954 Internal Revenue Code contains the same provisions as section 101(6) of the prior Revenue Acts, previous rul i nos are held to be applicable under the 195'' Code R '.ased upon the information -presented, it is held that your subordinate departments, district councils, churches, institu- tions, organizations, schools and colleges, whose names appear in your Directory, revised to January 1, 1964, are exempt from Federal income tax as organizations described in section 501 (c)(3) of the Internal Revenue Code of 1954 as it is shown that they are organized and operated exclusively for religious pur- poses. You and your subordinate units are not required to file rederal income taxx returns so long as a tax exempt status is maintained° It will not be necessary for you-and your subordinate units to file the annual information return, Form 990 -A, generally re- quired of organizations exempt. under section 501(c)(3) of the Code, as the specific exceptions contained in section 6033(a) of the Code are applicable. [kECEWED SEP 3 1964 GENEIZ `L SECRETARY'S OFFICE -3- General Council of the Assemblies of God 4- A statement of any changes in the character, purposes or method of operation of your organi- zation or those of your subordinate units. 5. Duplicate copies of amendments to charters or bylaws of your organization or those of your subordinate units. You should advise each of your exempt subordinate units of the exemption and the pertinent provisions of this ruling in- cluding the liability, if any, for filing information or other returns. - The District Directors concerned are berg advised of this action. Very truly yours, Chief, Exempt:. - anizations branch r` G t -2- reneral Council of the Assemblies of God Contributions made to you and your subordinate units are deductible by the donors as provided by section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to or for the use of you and your subordinate units are deductible for Federal estate and gift tax purposes as provided by sections 2055, and 2522 of the Code. You and your subordinate units are not liable for the taxes imposed under the Federal Insurance Contributions Act (social security taxes) unless waiver of exemption certificates are, or have been, filed as provided in that Act. Inquiries about the waiver of exemption certificates should be addressed to the District Director concerned. You and your sutx)rdinate units are not liable for the taxes imposed under the federal Unemploy- ment Tax Act. For next year, and for each succeeding year thereafter, please send us the followingforrnation not later than forty - five days after the close of your annual accounting period: 1. Lists shovring the names and mailing addresses of your new subordinate units and the names and addresses of any units which have ceased to exist or have changed their names or addresses. The names should be ar- ranged in alphabetical or numerical order. in lieu of the lists referred to above you may furnish us with a copy of your published directory. Please send us one copy of the list or directory for this office and one copy for each district in which your sub- ordinate units are located. 2. A statement signed by one of your prin- cipal officers stating whether or not the information upon which your original group ruling was based is applicable in all respect to the new subordinate units. 3. A statement if, at the close of the year, there were no changes in your roster. JOHN EDWARD CALDWELL ATTORNEY AT LAW 611 WILSHIRE E30ULEVARD LOS ANGELES 17, CALIFORNIA TELEPHONE 624-2351 August 9, 1962 Reverend Aureliano Flores 3627 Temple City Boulevard Rosemead, California Re: Iglesias Cristianas Del Redentor, Inc. T_% T�� ear 1-11 Reverend Flores: I am happy to tell you that the Franchise Tax Board has now ruled that this organization is an exempt organization and the Secretary of State has accordingly filed the -Articles of Incorporation, thus giving corporate existence to the Chruch. They were filed on August 7th, 1962. Incidentally, the corporation number in the Secretary of State's office, if you should ever need it, is 437263. I am enclosing a certified copy of the Articles of Incorporation for your records. I am in the process of preparing a minute book and minutes of the first meeting of the directors and will have that in your hands very shortly. In the meantime, . I knew that you would want to know that the corporate existence has been granted. When you receive your minute book, you will see that it contains a copy of the Articles, copy of the By-Laws, copy of the Application filed with the Franchise Tax Board and copy of the exempt letter from the Franchise Tax Board. While it is my opinion that your organization will qualify as an exempt organization under the Internal Revenue Laws of the United States, nontheless, we cannot get the Treasury to rule on our exempt status until we have operated for at least one year. I therefore recommend Reverend Aureliano Flores August 9, 1962 - Page 2 that you immediately commence to keep careful financial records showing every cent that is contributed to the Church and showing every disbursement that is made by the Church. This can. most easily be done by having a bank account, depositing all of your collections, then writing checks for any disbursements. In that way you will immediately have, in one source, all the information you need should you ever be challenged by any regulatory agency or third party. Please contact me after you have operated for one year so that we may move this forward. Please call me some time next week to pick up your minute book. Sincerely yours, ohn Caldwell JC/ah Encl. Copy of Articles Internal Revenue Service Center Mid-Atlantic RegioA--,. Date: Juno-18, 1970' Iglesia Del Redentor c/o Fev. Aureiiano Flores 41328 i,lonterey 3aldwin Park, CA 91706 Department of the Treasury Social Security or Employer Identification Number: 93- 6111610 Item Referred: r ecter To provide you with better service, the above item is being sent to our Internal Revenue Service office at the address shown- at the bottom of this letter. The reason we are transferring it there is checked below: F Your o-riginal return was sent there on ❑ Your ar6hddd return or claim was sent there on ❑ You filed a fdlldtled return in that office. .F7 Your E666'ilfit aid f;6c'd:Fd§ ArO kept in that office. 17 et"urn"s of U.S�. 6'itizd"h§ with fdreig�s addresses are processed in that office. ❑ Your request for a copy of your o:-e.cription letter will be handled by !:Ilis off ice 4 If a lretily is thdt Office will answer you as soon as possible. To'. f—Internal 11levenue Service7 1' 0 3o.. 2350 Los An-eles CA 90053 E2/'ZO Div. L _j Sincerely yours, k Chief, Taxpayer Assistance Section Form RSC--86 (Rev. 8-74) L - 42 "I., - is l'vleisia.a ti an" Del ;1Gd0at(W'P Inc* c/o jau-4 1;award caiiwan 63-1 Boulevard,, Suite '111 Lm AniWIes 17,0 Califoraia Re: Exemption from Franchise Gentlemen: It is the opinion of this office, based upon the evidence presented, that you are exempt from State franchise tax u4dez the prrlvisions of Section 23701d of the-Revenue and Taxation!' Code, "s it is shown that you are organized and operated exclusively as a chwah. Acco-dingly, you will not be required to file franchise -tax returns unless you change the character of your organizati' T1 the J,- urposes for which, you were organized$ or'your method 0, opera-':on. You are required to report any such changes iminedJi,itely so that their effect on your exempt status may, be -mined. Cont.- i - uti ons made to you are deductible by the donors in arriving at their taxable net income in the manner and to the extent provided by Sections 17214, 17215, 17216 and 24357of",,., the Revenue and Taxation Code. -4 ........... If your organization is not yet incorporated and has not yet qualified to do business in California, this approval will expire" unless incorporation or qualification is completed within thirty days. Very truly yours, FRANCHISE TAX BOARD John J. Campbell Executive Officer JTP: ef cc: Secretary of State By James T. Philbin Associate Tax Counsel 1 , Church of the Redeemer Income and Expense Statement 2nd Quarter 2OO8 INCOME 249,239 TOTAL DONATION INCOME EXPENSES 81.421 Salaries 5,372 Payroll Taxes 26,532 Church Mortgage 9,446 Insurance 5.813 property Taxes 28.595 Building Operating/Maintenance Expenses 11,703 office Operating Expenses 76,718 mission Support 1556 Miscellaneous 2472G7 TOTALE)(PENSES i082 TOTAL NE[/LOSS INCOME 00 0 I- CD CD 04 Lo CN 0 04 11 Itt LO 04 0 q oo 06 V- m V-: VT 114� 04 co P M a) C� (D 0 CD N 00 T- C6 o w 0 0 (6 t- P LO r 0 0 06 T- 00 T- m cc� 0 0 4 C14 Cl) I- a) C4 C) CD 6 0 CD LSO 0) 00 cu a) C: C: (D (n U) I_- co co (Y) C) le U� V� to)- 611, 6t?! vk K3 vk ift VI V> 60 m !-i r-.m uj U) F- 0 a) > 0) U) U) U) c Ol CY) cu a) C: C: (D (n U) I_- co co (Y) C) co 0 (D CD m co U) Q) CD 0 vi 0) N < (5 (D c 0 — 2 x < LLJ < Z D 0 U) 0 U) LU (n E (— n a) > ru c: LL En n (D U) z z < U- w 0) CY) CY) — Z D .0 C/) U) U) Cl) 0 Z E (L) 0 r— Z ry W F- w (n C) cn r 60 m !-i r-.m uj U) F- 0 a) > a) > U) U) U) CY) cu a) C: C: (D (n U) I_- co co (Y) C) co 0 (D CD m co U) Q) CD 0 vi 0) N < (5 (D c 0 — 2 x < LLJ < Z D 0 U) 76 5 c 0 cn U) LU (n E (— n a) > ru c: LL En W(D z (D D z z < U- w 0) CY) CY) — C/) m — C/) r— m 60 m !-i r-.m uj U) F- 0 a) > a) > (1) > a) > U) N a) a) N (D (n U) a) N Q) c 0 c 0 c 0 c 0 5 :2 75; 2 x Z z z z U- 0) CY) CY) — (7) cy') m — -a 4� r— m 00 cn r— 00 CY) 0 a) Q. CL 0 a) 2 CL CD m fn -C v r_ 0 v 0 W n U) m U) (D co U) Z C) 0- 0) < n — 0 0 z -j ui < :D 60 m !-i r-.m uj U) F- 0 ■ ■ 61). 61). 6151 Cl) Lo LO a) CR q t':. U-) Lf) LO I 0 Iq C14 (0 0 cc� m a� 00 L6 t- tn LO 61). 61). 6151 Cl) Cc',41 (Lon CR Ln 'i r�: Iq LO 0 cc� Fl a� w C6 tn LO cl, a� Lo LO a 0 z 0 (D T) 13 U) Q) U) (13 0 C) a) 0 a) in W U) (1) X- G x @ LU z < �o LU 0 F- —1 0 P U) U) u < (D < 0 0 C) (1) 0 C) C) ry LU (D 0 Ui z < LU z < F- ry t ry (D 0 -j ry z 0 75; a5 ::) 0 a 0 z 0 Affiliated with -1-i ol .74 1 tl p AndSouthern Pacific Latin American District , 1 11 Vm. 0 1 , A � ! • [#im M- Ill �tjwkLs! CONSTITUTION AND CHURCH OF THE REDEEMER, AFFILIATED WITH C! j ! THE ASSEMBLIES OF i WHEREAS, it is the express purpose of God to call a saved people who shall constitute the Body or Church of our Lord Jesus Christ, established upon the foundation of the Apostles and Prophets, Jesus Christ Himself being the Chief Cornerstone; and, God has ordained that His Universal Church should find expression in and through local churches, to assemble together for worship, fellowship, counsel and instruction in the Word of God, to do the works of ministry, and exercise spiritual gifts and offices as provided in the New Testament; THEREFORE, this corporation is formed to propagate the Gospel of Jesus Christ, according to the Holy Bible, in fellowship with THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a Missouri Nonprofit Corporation, as a local church under the headsl�up of the T.ord Jesus Christ, with customs and traditions of Evangelical Pentecostal Christianity; and, in these premises, the following Constitution and By -Laws are adopted: CONSTITUTION The name of this corporation is CHURCH OF THE REDEEMER 1ecarai„a4ar referred to simply as "church" or "corporation ". though this corporation shay uy ape�,iaa resolution of the Church Board adopt other and fictitious names for the purpose of doing business through its various departments and programs, as deemed necessary, convenient or expedient, and in such manner as to be in compliance with law. ARTICLE i FOUNDATIONAL i !r PRINCIPLES, • TENETS OF Section One: Supreme Authority of the Holy Bible This church holds the Bible, the Holy Word of God, to be supreme in all matters governing this church, the ultimate authority for rules of order, in keeping with the Spirit of Christ; and, that every born-again Christian should endeavor to keep the unity of the Spirit in the Bond of Peace... "till we all come in the unity of the faith, and of the knowledge of the Son of God, unto a perfect man, unto the measure of the stature of the fullness of Christ" (Ephesians 4:13). Section Two: Purposes- Worship, Evangelism and Fellowship The purposes for which this corporation is formed are to establish and maintain a place of worship of Almighty God, our Father, and the Lord Jesus Christ, His only begotten son, through the Holy Spirit, and promotion of Christian fellowship and edification, to conduct business as a church, under guidance of the Holy Scriptures, and to do the work of evangelism in home and foreign fields, obedient to the Great Commission of the Lord Jesus Christ. Section Three: Tenets of Faith As Tenets of Faith, this church accepts the Holy Bible as the inspired and revealed Will of God, the all-sufficient rule of faith and practice, and for the purpose of maintaining general unity, adopts the STATEMENT OF FUNDAMENTAL TRUTHS OF THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, as same is now and from time to time may be revised, and as recited in the true copy thereof which follows as an addendum to this code of Constitution and By-Laws, by this reference here incorporated as though set forth in fall. DUN= Section One: Standards and Church Government Prerogatives It shall be a standard and responsibility of this church to preserve scriptural order in all matters affecting its life and ministry, reserving the right of self-government, the prerogatives to choose its own Pastor, and, by action of its membership or Church Board to elect its officers and directors, to establish and maintain standards of membership and discipline, to acquire and hold title to property, and to transact ail other business pertaining to its lilt and conduct as a local church, according to Holv Scrintures and as hereinafter in this Code of Constitution and By-Laws provided. Section Two: General Powers This corporation shall have and is empowered to exercise all rights, powers and privileges generally accorded to corporations of this kind, including the power to contract, to acquire, hold, buy, sell, lease, mortgage, hypothecate, or otherwise encumber, and to dispose of in any way, real and personal property of all kinds and descriptions, and to conduct all business which is lawful, necessary or expedient, in promoting the purposes of the corporation, including the power to issue, purchase, redeem, receive, take or otherwise acquire, own, sell, lend, exchange, transfer or otherwise dispose of, pledge, use or otherwise deal in property of any kind, including its own bonds, debentures, notes Q"d CAI-Ilrit' 11- S-C-Mies. . I RK1001 I I'll I # I Section One: Affiliation While recognizing inherent right to sovereignty in the conduct of its own business affairs, this church voluntarily enters into full cooperative fellowship with and as a member of THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a Missouri Nonprofit Corporation, Springfield, Missouri, and likewise in fellowship with and as a member of the SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Corporation, and subject to their superior authority in matters of doctrine and conduct, which corporations are hereinafter referred to as "General Council" and "District Council", respectively, or collectively referred to simply as "Assemblies of God". Section Two: Privileges, Responsibilities, and Representation This church shall share in privileges and assume responsibilities enjoined by affiliations mentioned above, in accordance with the Constitution & By-Laws of each the General Council and the District Council, as such regulations are now and may from time to time be amended, including representation at both the General Council and the District Council business sessions, through its delegates who have been selected by the membership of this church or its Church Board. Section Three: Dedication and Dissolution 2 This corporation is formed and operated exclusively for religious purposes within the meaning of §501(c)(3) of the United States Internal Revenue Code. The property of this corporation is irrevocably dedicated to religious purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Title to all personal property and real property now owned or held in trust for or hereafter acquired by this church shall be perpetually dedicated to and hold in trust for the purpose of maintaining a place of divine worship and operating church facilities and programs in full cooperative fellowship and affiliation with the General Council and District Council. Upon the dissolution or winding up of this corporation, after paying or otherwise adequately securing or providing for the debts and obligations of this corporation, the remaining assets shall be distributed to SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Nonprofit Corporation, which corporation is formed and operated exclusively for religious purposes, if it is then in existence and exempt from taxation under Vi i in i: Mt. ar a t -; existing and pro isl 0ons of § 5 0 11 (c) (3) of 1--h—e Unit ed States Aernal Re--Venu -- C', - - -., - -, if -n- - t- then - o exempt, then to THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, a Missouri Nonprofit Corporation, which corporation is formed and operated exclusively for religious purposes, V A rvn� 11 it is -,I- n: existence an --m— he in cult exemp L —V311 under provisions of §501 (c)(3) of the United States Internal Revenue Code, or if they then are both not in existence and exempt, then to a non-profit fund, foundation or corporation which is formed and operated exclusively for religious purposes, in harmony with the purposes of this corporation, and which has established its tax exempt status under §501(c)(3) of the United States Internal Revenue Code. Section Four: Organizational Assistance If at any time this church encounters any internal or external problems, which cannot be reasonably and expeditiously resolved by action of the membership or the Church Board, the church shall seek the services and assistance of District Council or General Council, upon request of the Pastor or a majority of the Church Board, or upon petition of the membership. Such petition of the membership shall be in written form, and shall require the signatures of at least twenty percent (200/0) of the current active membership of the church, and shall be addressed to District Council, and presented to the District Superintendent of District Council. Such petition shall specifically but briefly recite the details of the matter for which assistance is requested, and particularly describe features of dispute or administrative frustrations. Upon such presentation to the District Council, it shall be deemed to be a petition on behalf of the church, as an initiative of the membership, whereupon the District Council, District Superintendent or Presbytery should take appropriate action or undertake to provide necessary services as are available. In event the membership of this church should become divided over doctrinal or other issues, in which individuals or factions might propose that this church should withdraw or disaffiliate from the Assemblies of God, such disputes shall not be put to a confirming vote, but shall be resolved according to provisions of these By-Laws, Article Eleven, Resolution of Disputes, at Section Two. Section Five* District Council Assistance in Church Administration If at any time the business of this church cannot be adequately undertaken and performed by its administrators through the Church Board, or when a proper Church Board is not available or functioning, the church may, by request of its Church Board or at least 51% of its then current active membership, petition the Presbytery of District Council to serve as the Church Board, to so serve until such time as the Presbytery and the membership of this church agree that the membership should resume full responsibility for its affairs. Neither District Council nor the Presbytery of District Council shall be deemed to assume any personal responsibility or liability for debt or other obligations of the church in taping such action as may be necessary in these premises, unless affirmatively so stated. Section Six:Minimum Number for Viable Membership If the active membership of this church falls below twenty (20) persons in number, the church shall seek the assistance of the District Council for help in maintaining the minimal requirement for General Council affiliation. If after one year thereafter the minimal number of 20 active members is not attained, this church shall automatically revert to the status of a District Council Affiliated Church. The church shall remain in a District Council affiliated status until it again meets the standard for a General Council affiliated church, having demonstrated its ability to assume full responsibility for restoration to that status as a viable sovereign church. Unless otherwise arranged, there shall be no financial liability or other affirmative obligation assumed by District Council in these premises. Section One: The Board of Directors- Name, Number, Authority The Board of Directors of this church shall be known as the Church Board or the Board of v ll 0I Deacons, and shall consist oL TBtRT y ( 1L�,� natural persons, including the Pastor and officers elected to and serving for the terms and having powers and authority as hereinafter in the By -Laws provided. All official and business powers, activities and affairs, of this corporation shall be exercised and conducted under authority and ultimate direction of the Church Board. Section Two: The Church Council There shall be a Church Council composed of the Church Board together with Pastoral Staff and Departmental Officers, which shall serve as supervisory and advisory in nature, and shall not usurp the authority or function of the Church Board, and as hereinafter in the By -Laws provided. ARTICLE SIX - AMENDMENTS TO THE CONSTITUTION Amendments to this Constitution may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting ofthe membership of this church specially called for that purpose, provided that such Business Meeting has been duly called and noticed at least two Sundays prior to such meeting, and as hereinafter in the By -Laws provided. The proposed amendment text shall be publicly posted in a conspicuous place within view of attendees at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to this Constitution shall require a three - fourths affirmative vote of those active voting members present and voting at such Business Meeting, after a quorum is established. In order to expedite the work of this church and to avoid confusion in its deliberations, all meetings of the Church Board, all Annual Business Meetings and all Special Business Meetings of the membership of this church, shall be conducted under established rules of order, or otherwise 11 governed by the parliamentary authority of the current edition of Robert's Rules of Order newly revised, in keeping with the spirit of Christian love and fellowship, under the guidance of the Holy Spirit of God. Section One: Members There shall be but one class of regular active membership of this church, the qualifications and acceptance of same being subject to approval of the Church Board, as hereinafter in these By-Laws provided. Section Two: Standard of Active Membership The Standard for regular active membership in this church shall be: A. -Evidence of a born-again experience in Jesus Christ (regeneration) (John 3:3-7, 1:12, 13;1 Peter 1:19 -25). B. -Water Baptism by immersion (Matt. 28:19; Col. 2:12) C. -Evidence of a consistent Christian fife (Rom. 6:4, 13:13, Eph. 4:17-31, 5:2, 15;1 John 1:6-7). D. -Personal subscription to the Tenets of Faith as set forth in the Constitution of this church. E. -Personal willingness to contribute regularly to the support of the church with tithe and offerings according to his or her ability. F. - A voting member must be at least 18 years of age. G. -Agreement to be governed by the Constitution & By-Laws of this church, and the Constitution & By-Laws of the General Council and District Council, as they are now and may be from time to time amended. �nh Una uaw;axv it& %.. .– Board ;Nect-lon Three: Application for Regular AC-Ave M-embe—ts' P. Ch Applicants for regular active membership shall make their desire known to the Pastor, who shall examine the applicant in accordance with the standard of membership, and upon his recommendation the Church Board shall consider their written applications on forms approved by the Church Board, and the names of those approved for such membership shall be added to the roster of active membership of the church, and they shall be recognized publicly as members at the earliest convenient meeting of the congregation. No applicant for membership shall be accepted as a member within 30 days before an annual membership meeting or within 10 days before a special business meeting of membership. Section Four: Ex Officio Membership of Pastor, Pastoral Staff, and Spouses The Pastor of this church and respective spouse shall by virtue of election and acceptance into its ministries be deemed to become and be active voting members of this church. The Pastoral Staff and their respective spouses, by virtue of their appointments by the Church Board, shall be deemed to become and be active voting members of this church. Such Ex Officio Church Membership terminates with termination from the respective office. Section Five: Voluntary Termination of Membership by Member Active members in good standing may sever their relationship with this church by voluntary termination, or be transferred to some other congregation. A transferring member may apply to the Secretary of this church for a Certificate of Good Standing or Letter of Transfer, which shall be granted on approval of the Pastor and the Church board, and shall be signed by both the Pastor and 0 the Secretary. If a member tenders resignation while under charges that could otherwise bring about discipline from the Church Board, such resignation shall not deprive the Church Board from hearing and making disciplinary determinations of the charges, as deemed necessary or proper by the Church Board, for the record. Section Six: Inactive Membership, Church Board Review, Notification The Church Board is empowered to periodically review the Church Membership Roster and therefrom to place on the inactive list those who have become disqualified from membership, including those who shall without good cause absent themselves from services and programs of this church for a period of three consecutive months or more, or who cease to contribute to its support, or who shall be under charges for misconduct or under condemnation for sinful or worldly practices. When the Church Board places the name of a member on the inactive membership list, that member shall be notified in writing of such action, and the reasons therefor, by the Secretary of the church. Such notice shall be given to such inactive member by regular mail sent to that person's address of record in the files of the church. If such member so notified does not in writing formally request restoration to active status within 30 days from the date of mailing of notice of inactive status, be or she shall be automatically terminated fi7orn members-hip of the church, without fiat her notice required. a ir For good cause shown, the Church Board may restore a member to active status at any time prior to actual termination of membership. Section Seven.- Termination of Membership by Action of the Board The Church Board is empowered to remove from the membership rosters the names of those who are deceased, those who no longer meet the standard of membership, those who may have voluntarily withdrawn from the fellowship, those who may have been granted severance and Certificate of Good Standing or Letter of Transfer, and those whose names have been on the inactive membership list for at least 30 days without requesting restoration to active status, and those dismissed for disciplinary reasons. Section Eight: Honorary and Special Memberships The Church Board, by its special resolution, is empowered to and may provide for honorary or special memberships, having no rights of membership notwithstanding such designation as members, for youth and superannuated persons, handicapped persons, individuals that are absent from the area and unable to take part in the programs of the church, and others deemed by the Church Board to be deserving of such consideration, on such criteria as the Church Board deems reasonable. Such honorary or special memberships shall have only those particular rights and benefits as shall be affirmatively bestowed by such special resolution of the Church Board. Rights and benefits of honorary or special memberships need not be uniform over the entire class. It is intended that honorary and special memberships shall not be members within the meaning of any law granting rights to members. Honorary and special memberships shall have no right to notice of or participation or vote in any meeting ofthe membership of this church, nor to participate in any way in amending the bylaws of this church or in vote to dissolve or merge. Honorary and special members shall have no vested rights in their respective memberships, and the Church Board, by further special resolution, may with or without notice terminate or revise terms or conditions of honorary and special memberships, at any time and for any reason, for cause or without cause, and may likewise dissolve the entire class or classification. Section Nine: Unauthorized Activities No member of this church shall promote personal crusades or support private campaigns, programs, enterprises or activities to involve this church or the membership of this church, on the 0 church campus or elsewhere, unless such have been approved in advance by the Pastor. If additional services or programs are desired beyond those provided, such services and programs must first have the approval of the Pastor, and be under his general authority and supervision, and his approval may be withdrawn at any time without notice, for any reason. In event the church is temporarily without a Pastor, such activities must first have the approval of the Church Board. Violation of the provisions of this section shall constitute good cause to have the violator expelled from church campus and facilities, and shall be grounds for discipline of a member by the Church Board. Section One: Disciplinary Authority of the Church Board All discipline of regular members shall be prayerfully administered according to the Scriptures, under authority of the Church Board (Matt. 18:15 -17;1 Cor. 5:9-13; H Thess. 3:11-15; Rom 16:17). The Pastor shal be under If e - e- XQIUSIVU C UUMIUStlUal UULIUIILY of T iSt14 L ct Council and General Council, which have sole powers of discipline over credentialed ministers. Section Two: Suspension and Restoration With exception of term and authority of the Pastor, the Church Board is empowered to suspend from active voting membership and place on inactive status those regular members who shall be under charges for misconduct, or who have fallen under condemnation through sinful or worldly practices. The Church Board is likewise empowered to restore to active membership those whom it finds are not guilty as charged, and those who through repentance and adjustment have again attained to the standard for active membership. Section Three: Requests for Restoration, Hearings and Appeals A. - If a member has been removed from active membership because of charges of n-fiscondul—IL or condemnation through sinful or worldly practices, he or she may request restoration to active membership and demand a hearing before the Pastor and a majority of the Church Board, to be held within 90 days of receipt of such request and demand, which shall be in writing and particularly specifying all defenses to each charge so made; which written request and demand must be received by the Pastor or the Secretary within the 30 days after date of mailing notice of removal from active membership. The Church Board shall encourage a proper attitude on the part of those in question, and proceed carefully to press for final decision in each case. When the ' Church Board has rendered its final decision, the member shall be notified of the decision and of his or her right of appeal of an adverse decision, and he or she may appeal from that decision directly to the membership of the church as hereinafter in this section provided. B. - in event such disciplined suspended person desires to further appeal the suspension beyond the determination of the ' Church Board, such appeal shall be in writing specifying each contention and defense felt pertinent to the matter, and received by the Pastor or Secretary of the church within 30 days after date of mailing notice of adverse decision of the Church Hoard, further demanding a Special Meeting of the membership to be called for hearing of the cause, which Special Meeting should then be scheduled to be held within 90 days thereafter. Action taken by the membership on such appeal shall require a 60% affirmative vote to overrule the underlying action of the Church Board, and that decision of the membership shall be final for all purposes, from which there shall be no further appeal. 7 ARTICLE FOUR - QUALIFICATIONS, DUTIES AND POWERS OF OFFICERJ EMPLOYEES AND VOLUNTEERS Section One: Qualifications A. - The Pastor - Because the church recognizes the leadership of the Pastor under the Lord Jesus Christ, and because he is a representative of this church, he shall be a person of good report, and shall manage his personal affairs, financial and otherwise, so that no discredit shall come to the cause of Christ through his actions. His life and conduct shall conform to the following Scriptures: I Timothy 3:2-7, Titus 1-6-9; 1 Peter 5:2-3. The Pastor must have and maintain current ministerial credentials with the Assemblies of God. B. - The Pastoral Staff - The Church Board may by special resolution provide for a Pastoral -1--k ."A +1"aVr L'11Q11 C! on the Church Staff to serve in adi—M-1-HiStratIO-11 p-10gra-Mis CrI EMS %11.1U1V11, C"X� L—y — serve Council, The Candidates for service on the Pastoral Staff shall be selected by the Pastor, subject to confirmation by the Church Board, and shall serve as assistants to the Pastor and under his direct supervision. They shall not be eligible to serve on the Church Board. All individuals serving in a ministerial capacity on the Pastoral Staff must have and maintain current ministerial credentials issued or recognized by the Assemblies of God, as a condition of continued association with this church, or provide proof that he or she has a current application for such credentials pending with the District Council. In event an individual serving on the Pastoral Staff is in a non-ministerial role, he or she should alternatively qualify themselves by a showing oftraining and experience in the particular field for which they have been so engaged. EiLand _ Lather clause for present Pastors) C.- Church Board, Trustees and Other Officers - All members of the Church Board, Trustees, and other officers of the church, shall be mature persons full of the Holy Spirit, whose faithfulness shall have been in evidence and whose lives and conduct shall conform to the following Scriptures: Acts 63; 1 Timothy 3:8-12. Members of the Church Board must be active members of the church, in good standing, and shall consist of such persons as are appointed or elected to serve, and of their successors subsequently selected from time to time, who shall so serve until selection of their successors. D.- Employees and Volunteers - All employees and volunteers in service to this church, in any of its departments, programs and ministries, must be mature persons, committed to the religious mission of the church, with a personal born-again experience in Jesus Christ, evidence of a consistent Christian life, and personally subscribing to the Tenets of Faith of this church. All employees and volunteers accepted for employment or service within this corporation are part of the religious mission of this church, including custodians and groundskeepers, department and program leaders, teachers, receptionists, Pastoral Staff, and Senior Pastor, and every other person that is authorized to take part in the various departments, programs and ministries ofthis church, and each is expected and required to comport themselves in their personal lives, on and off the job, on and off the church campus, in such a way as to compliment the image and religious mission of this church. Any behavior that is viewed as immoral, sinful, disloyal or antagonistic to or adversely reflecting on the church, will not be tolerated, and will be grounds for dismissal. E.- No officer, director, employee or volunteer in any department, program or ministry of this church shall have any sort of vested proprietary right or economic interest in the employment or service in this church, nor any legal rights to continue in employment or service, nor any sort of legal M rights for money damages or equitable reliefupon termination of respective employment or service. Any disputes in this regard shall be resolved pursuant to arbitration provisions of these By-Laws, Article Eleven, Section Two. Such employment and volunteer service are subject to these continuing conditions. Section Two: Duties A.- The Pastor - The Pastor shall have general supervision of all activities of this church. He shall serve as President of the corporation and be Chairman of all meetings of the membership and the Church Board, and, with the Secretary of the church shall sign all official documents for the church. He shall be an ex-officio member and overseer of all committees, departments and programs of the church. He shall provide for all the services of the church and arrange for all special meetings, giving due regard to the needs of the congregation. No person shall be invited to speak or preach before the congregation of this church without his approval. The Pastor shall perform such other functions as are customary to the office of President, and as necessary to the proper discharge of his duties. B.- The Pastoral Staff - All members of the Pastoral Staff are directly responsible to the Pastor for respective assignments or portfolios. They shall be amenable to the Pastor in all matters of faith and conduct, and shall perform such duties and carry such responsibilities as may be assigned by the Pastor. C.- The Vice-President - When there is a vacancy in the office of Pastor (President), the Vice-President is authorized to act as interim President and to exercise the official powers of the President, until the vacancy is filled. He shall also serve as Vice-Chairman of the Church Board, there acting as presiding officer in absence of the Chairman. The Vice-President shall perform such other 4-i-nn--fi-ons as directed by the Church Board, and as customary to the office of Vice-President, and as necessary to the proper discharge of his duties. D.- The Secretary - The Secretary shall preserve proper records of the membership of the church, of all communications and proceedings ofthe church, including the minutes ofall membership Business Meetings, and the records of proceedings of the Church Board and all authorized church committees, departments and programs. The Secretary is the custodian of all legal documents and the officiat seat of the church. The Secretary shaU together with the Pastor sign church documents and affix the official seal, and shall perform such other functions as are customary to the office of Secretary and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties. E.- The Treasurer - The Treasurer is the Chief Financial Officer of the church, and is entrusted with all the finances of the church as may be committed to him. He shall deposit all church funds in a federally insured financial institution, in the official name of the church, and shall disburse same as authorized by the Church Board. He shall preserve proper itemized accounts of all receipts and disbursements of the church, and make a financial report of same to the Church Board upon demand and at the Annual Business Meeting of the membership. The Treasurer shall perform such other functions as are customary to the office of Treasurer and as may be directed by the Church Board, and any other clerical work necessary to the proper discharge of assigned duties. F. The Church Clerk. The Church Clerk is an employee of the Church, hired by the Church Board. The Clerk shall perform the duties as designated by the Pastor, the Secretary, the Treasurer, 7 and the Church Board. F.- The Church Board (1) The Church Board shall act in an advisory capacity with the Pastor in all matters pertaining to the spiritual lifio of the church, and in ministry of its ordinances. They shall serve as an Examining Committee in review of applications for membership, and as a principal forum for administration of discipline among the membership of the church. in event of vacancy in offices of both the Pastor (President) and Vice-President, they shall be empowered to provide for their own temporary Chairman from among their own number in order to transact interim church business. (2) Duties and powers of the Church Board shall be subject to limitations of the foundational articles of this corporation, the provisions ofthis code of Constitution and By-Laws as "�t- - n- it now consists or may be from time to time amended, and the law of the State of California and other places and jurisdictions where local laws might govern or restrict such powers; and, (3) Without limiting the general powers of the Church Board, they shall have the following specific powers: (a) With exception of the Pastor and Pastoral Staff, to select and remove all other officers, agents and employees of the church, prescribe such powers and duties, regulations and policies, for them as are not set by these By-Laws, consistent with law, the foundational articles of this corporation, and good business practices, and, as necessary, to require from them appropriate security for faithful service, and to fix compensation of all Pastors, Pastoral Staff, officers, agents and employees of the church; and, (b) To receive and authorize disbursement of funds; to borrow money and incur indebtedness in the course of business of this church, and for that purpose to cause to be executed and delivered in the name of this corporation, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, or other evidences of indebtedness or securities, subject to pertinent law and regulations, further subject to the provisions of this code of Constitution and By-Laws of this church. (c) To take and hold as custodians for the use and benefit of the church all of its property, being responsible f6r the maintenance and cleanliness of same for the comfort of the congregation; and to designate from its own members, as need appears, individuals to serve on the Committee of Trustees, to hold property for the use and benefit of this corporation, as necessary and as hereinafter in these By-Laws provided. G.- The Church Council - The Church Council, composed of the Church Board, Pastoral Staff, and duly elected or appointed department heads, shall meet at a properly called quarterly or special meeting for the purpose of counselling together for the planning and implementation of the total program of the church. The Pastor or Church Board may call such meeting at any reasonable time, and quorum is not required. H.- Employees and Volunteers - Employees and volunteers shall assume and perform duties as are assigned to them, according to respective job description and in compliance with department or program regulations and policies, under direct supervision and authority of their respective 10 department or program supervisor, at all times subject to the superior authority of the Pastor and Church Board. KE Section One: The Pastor and Pastoral Staff A.- In event of vacancy in the office of Pastor, the Church Board shall act as a pulpit committee, and after prayerfully seeking to know the mind of God and carefully choosing the best counsel available, shall select a scripturally qualified minister credentialed with the Assemblies of God as a nominee to the office of Pastor, and present his name for the vote of the membership of this church. Any active member of this church may suggest to the committee the name of an Assemblies of God minister in this regard. The 'Bow-rd should seek tthe advice and COwnsi—el ofthe local Presh-V ter, and Superintendent of District Council in these premises. B.- Election and re- election of the Pastor shall be by vote of the membership, and such elections shall require a two-thirds majority affirmative vote by secret ballot of the membership present and voting at the meeting where such election is to be entertained, after a quorum has been established. The Pastor's initial, term shall be for three years, and unless there be a restrictive ballot stating otherwise, the succeeding term of office for the Pastor shall be for an indefinite period. C.- The Pastoral Staff shall not be elected by the membership of the church. They shall be engaged by a majority vote of the Church Board upon recommendation of the Pastor. In event of resignation or other departure of the Pastor, the members of the Pastoral Staff are expected to submit their respective resignations to the Church Board for the review of the incoming Pastor, in order to - I -I services -' any allow the incoming Pastor the- privilege Of Selecting his own Pastoral Staff. the servicAc U1. . member of the Pastoral Staff may be terminated by the Pastor, for cause or without cause, on giving 30 days written notice. Any such person may be suspended by the Pastor immediately without notice. There shall be no right of appeal from such termination or suspension, Section Two: The Church Board A.- Nominating Committee - In ordinary course, candidates for membership on the Church Board shall be nominated by a nominating committee. The nominating committee shall be appointed by the Pastor in consultation with the Church Board, and shall consist of at least five persons, who shall be the Pastor and four church members, not more than two of which shall be members of the Church Board. Any active voting member of this church may submit names to the nominating committee for their consideration up to two weeks prior to the meeting where such elections are to be considered. The names of those serving on the nominating committee shall be properly announced and posted an the church bulletin board at least 30 days prior to such meeting. The names of the nominees shall also be properly announced and posted at least ten days prior to the meeting where such elections are to be considered. Additional nominations may not be submitted from the floor. B.- Members of the Church Board shall be elected by the membership, initially for staggered terms of one year, two years and three years, and upon expiration of these initial terms, their successors shall be elected to serve for three year terms. All such elections shall be by simple majority, by secret ballot. With the exception of the Pastor, no member of the Church Board may succeed I I himself in such office, unless there are no other qualified members in the church willing to so serve. C.- Alternate Officers. Alternate officers shall consist of the two remaining nominees in an election of officers with the highest number of votes. D.- Vacancies on the Church Board shall be filled automatically I b the alternate officer next in line The successors shall serve for the unexpired term of their predecessors. Should the number of members of the Church Board fall below one-half of that number required by the Constitution and By-Laws, the remaining Church Board members shall call a Special Meeting of the membership for the purpose of filling these vacancies by the membership electoral process, as defined herein. Section Three: Vice-President 4^,,A At"ryng i+q rvurn mpmhprq Pit thp. Irl- X TZ I lie V ice-President. shall be elected by the ChU rICIIII I�J qLJC4I %4 ... ..... .. first meeting of the Church Board following the Annual Business Meeting, by a simple majority, on secret ballot. The term of office of the Vice-President shall be one year, and he may succeed himself in such office for the duration of his service as a member of the Church Board. Section Four: Secretary and Treasurer The Secretary and the Treasurer shall be elected by the Church Board from among its own members, at the first meeting of the Church Board following the Annual Business Meeting, by a simple majority, on secret ballot, for terms of office of one year, and they may succeed themselves in such offices for the duration ofrespective service on the Church Board. These offices may be held by separate individuals, or one person may be elected to hold both offices of Secretary and Treasurer at the same time. Section Five: Vacancies A.- The Pastor (1) If the Pastor has been called for a definite term, the tenure of his office shall end at the expiration of such term, or it may be terminated in manner provided in the paragraph following. Re-election of the Pastor shall be in accordance with provisions found elsewhere in these By-Laws. (2) If a Pastor ceases to qualify as provided by either the Constitution or By-Laws of this church, or when his ministry ceases to be effective, or if good and sufficient cause exists to render his ministry unacceptable, or if other serious charges are preferred against him, power is vested in the Church Board at any time to ask for his resignation. If such request for his resignation is by him refused or ignored, the office of Pastor shall not be considered vacant until the action of the Church Board has been confirmed by vote of the membership. In order to terminate a Pastor before the end of his term, it shall require a majority vote of the active membership of the church present and voting at a Special Business Meeting of the membership duly called for that purpose, after a quorum is established, by secret ballot, the effect of which is to terminate the Pastor and create a vacancy in such office. Such a meeting called concerning status or termination of the Pastor should be presided over by an official representative of the District Council. In event the Pastor is so removed from office, a written report of such action shall be signed by at least two officers of the church and sent to the office of the Superintendent of District Council. The Pastor must have and maintain current ministerial credentials with the Assemblies of God, and in event such ministerial credentials are 12 withdrawn by District Council or General Council, the Pastor's term is then immediately terminated. In event such ministerial credentials are restricted or suspended by action of District Council, District Superintendent or Presbytery, the Pastor's authority and duties within this local church shall be deemed likewise restricted or suspended, accordingly. (3) In event of vacancy in the office of Pastor of this church, the Church Board shall arrange for others to minister to the congregation for the duration of such vacancy. B.- Other Officers and Directors (1) Any other office of service in the church may be declared vacant by an act of simple majority of the active membership or action of the Church Board at any of its regular or special meetings. (2) A Member of the Church Board or any other officer of this church may be removed from office before the end of his term, for cause or without cause, by a majority vote of the membership or the Church Board. Any removal by the Church Board must be ratified by a majority vote of the membership of the church at an Annual Business Meeting or Special Business Meeting of the membership to be held within three months of such removal, if the individual so removed requests in writing such special vote on the issue of his removal. Such written request must be received by the Pastor or Secretary of the church, registered mail, within 30 days of the time of the removal, with copies thereof mailed to each of the other members of the Church Board by certified mail, return receipt requested, citing the reasons for such request and giving recitals in support of reinstatement or against the action taken by the Church Board in causing such removal. Grounds for cause in declaring vacancy in such office may be any of the following: (a) Unscriptural conduct; (b) Departure from the Tenets of Faith- (c) Incompetence in office-, (d) Any other good and sufficient cause. ARTICLE SIX - MEETINGS Section One: Meetings of the Church Board A.- Place of Regular and Special Meetings (1) Regular Meetings of the Church Board may be held at any place within or outside the State of California that has been designated from time to time by resolution of the Church Board or written consent of all the members of the Board. In the absence of such designated place being so set, regular meetings of the Church Board shall be held at the principal office of this church. (2) Special Meetings of the Church Board may be held at the principal office of this church, or at any other reasonable place designated by Resolution or consensus of the Church Board. B.- Frequency of Regular Meetings of the Church Board The Church Board should meet monthly or more frequently as need may require. The frequency of Church Board meetings may be fixed by resolution of the Church Board, or be as called by the Pastor or a majority of members of the Church Board. C.- Call, Time and Notice of Special Meetings of the Church Board 13 (1) Special Meetings of the Church Board, for any purpose, may be called by the Pastor or a majority of the members of the Church Board, on reasonable notice as the Church Board provides by its own resolution. Every member of the Church Board should be notified in advance of such Special Meeting, to allow reasonable opportunity to attend and participate. (2) In emergency situations, Church Board meetings via telephone conference call shall be permitted, and record of any action taken entered into the minutes of the next meeting of the Church Board. D.- Quorum for any meeting of the Church Board shall consist of at least a simple majority of the then current membership of the Church Board. Section Two: Business Meetings of the Membership A.- Annual Business Meetings of the membership of shall be held on the first Sunday of February of each year, unless changed by a Church Board resolution, at which time reports shall be given and the election of officers and directors shall take place, and as hereinafter in these By-Laws provided. B.- Special Business Meetings of the membership of this church may be held as need arises, to conduct or implement the business of the church, and for other reasons mentioned elsewhere in this code of Constitution and By-Laws provisions, to be called by the Pastor or a majority of the Church Board, or by initiative of the membership, or by call of the District Superintendent of District Council, duly noticed and held as hereinafter in these By-Laws provided. C.- Right of Initiative Reserved to Active Members: Special Business Meetings of the membership may also be demanded by petition of not less than twenty percent of the active voting membership of the church. Such initiative petition shall be in writing and duly signed by those members requesting such meeting, and received by the Pastor or the Secretary of the church, whereupon the Church Board shall call and fix a date for such Special Business Meeting to be held within 60 days thereafter, with due notice thereof being given as hereinafter in these By-Laws provided. Any initiative petitions relating to status of the Pastor shall be directed to the District Superintendent of District Council, who shall arrange for a Special Business Meeting of the Membership to entertain that issue. There shall be not more than two Special Business Meetings of the membership called upon initiative of the membership in any one calendar year. D.- Notice of such Business Meetings of the membership shall be given by stating the time, place and purpose of the meeting in a public announcement at the church sanctuary on two Sundays prior to the meeting and by written announcement to the active members of the church, via ordinary mail sent to their address of record on file with the church, at least ten days prior to the time get for such meeting, which written notice shall be the responsibility of and so sent by the Secretary or Acting Secretary. E.- Voting Constituency at any Annual Business Meeting or Special Business Meeting of the membership shall consist of all current active members of the church, who are in attendance at such meeting. F.- Quorum for any Annual Business Meeting or Special Business Meeting of the a membership of this church is established by the presence of at least 25% of the active voting membership of this church. G.- Proxy voting and absentee balloting shall not be allowed in conduct of business at any meeting of the membership, nor any sort of representation of absentees for purpose of establishing a quorum. H.- Order of Business for the Annual Business Meeting of the membership of this church shall be as follows: I.- Devotional 2.- Reading of Minutes 3.- Election of Officers 4.- Pastor's Report 5.- Treasurer's Report 6.- Secretary's Report T- Committee Reports 8.- Unfinished Business 9.- New Business 10.- Adjournment Section Three: Public Worship and Programs on Church Campus and Facilities A.- Regular meetings for public worship and evangelism shall be held on the church campus each Sunday as the Lord's Day and as determined by the Pastor in consultation with the Church Board. B.- Special meetings for public worship, evangelism, and other purposes, may be called by the Pastor. C.- Ordinarily, all persons willing to peacefully assemble for purposes of worship or attendance at or participation in church p.morranns on the church campus shall be welcome to attend, subject to such reasonable restrictions or regulations as shall be made by the Pastor or fixed by the Church Board. —171 rf, k%- M- ZT1 �) Section One; Committees A.- Standing Committees The Church Board may appoint Standing Committees for the conduct of particular business of the church, by special resolution entered into the minutes of their meetings, fixing responsibilities and powers of such committees, their duration, composition and regulation; and, the Pastor shall serve ex-officio on all such committees. The Chairman of each such committee shall be designated by the Church Board, and such Chairman shall set the time and place of meetings of his or her particular committee and the agenda for business to be then and there conducted. Persons so appointed shall be selected from among the active membership. B.- Special Committees The Pastor may appoint Special Committees, subject to approval of the Church Board, for inquiry and counsel as is necessary, convenient or expedient for the mission and purposes of the church, serving at pleasure and direction of the Church Board, under supervision of the Pastor. C.- Committee of Trustees 15 By special resolution of the Church Board, a Committee of Trustees may be designated for purposes and having powers as identified and established in such special resolution, for holding property or legal title to real property or personal property for the use and benefit of this corporation. There shall be no presiding Trustee, but the Committee of Trustees shall at all times be subject to instruction from and under continuing authority of the Church Board. Individual Trustees shall be selected by the Church Board, from among its own members, by simple majority on a secret ballot. The number of persons serving on the Committee of Trustees, and the duration of respective terms, shall be as established in such special resolution. If not otherwise so established, the duration of term of a Trustee may be abbreviated or terminated by further resolution of the Church Board, and shall expire in any event upon termination of respective term as a member of the Church Board, or upon dissolving of the committee. A retiring Trustee shall surrender to the successor Trustee or the Church Board any property or interests held in that capacity, and the successor Trustee shall assume the responsibilities of the retiring predecessor Trustee, with or without formal assignment or transfer of powers or interests. Section Two-. Departments and Programs There may be departments and programs created by the Church Board to function as distinct ministries of the church, under regulations set or approved by the Church Board, all of which shall be under the direct supervision of the Pastor, which departments and programs shall have names, functions and responsibilities as set by the Church Board. Among the departments and programs to be established and functioning within the church shall be the following: A.- Sunday School: The church shall have a Sunday School Department, for teaching and training of groups identified by age or special interest. The Church Board may by its special resolution determine that the Sunday School Department shall be under direction of a Sunday School Superintendent, selected and appointed by, and responsible to, the Church Board. However, the FF Sunday School Department and the Sunday School Superintendent shall at all times be under the authority and direct supervision of the Pastor. B.- Auxiliary Departments and Programs: The church may establish other and auxiliary departments and programs as the Church Board deems necessary or convenient, to conduct or promote the business and purposes of the church, created by special resolution of the Church Board, all of which shall be under the supervision of the Pastor. Priority should be given to establishment of departments and programs as are common to churches of the Assemblies of God, including education, Youth Ministries, Mens Ministries, Women's Ministries, Ministry of Music, Royal Rangers, Missionettes, etc. ARTICLE EIGHT - EDUCATION DEPARTMENTS - NONDISCRIMINATION POLICY Educational departments may be established within this corporation, by special resolution of and under direct administration or supervision of the Church Board, having name or names assigned to such departments, and officers and subordinate administrators for the conduct of their respective business, as the Church Board shall authorize by such special resolutions, for the operation of pre-school, grammar school and high school or other educational programs; and, there shall be a policy of nondiscrimination within these departments, admitting students of any race, color, national and ethnic origin to all the rights, privileges, programs and activities generally accorded or made available to students at the schools. This corporation shall not discriminate on the basis of race, color, national or ethnic origin in administration of its educational policies, admissions policies, scholarship In or loan programs, or athletic and other school-administered programs. t ARTICLE NINE - REAL PROPERTY, CHURCH CAMPUS AND FACILITIES Section One: Tide to Real Property Title to all real property belonging to this church shall be deeded to the church in its official corporate name, or held in trust by District Council, subject to provisions of this code of Constitution and By-Laws. Section Two: Restrictions on. Acquisition and Alienation No real property ofthis church shall be purchased, taken or otherwise acquired, sold, transferred, mortgaged, leased, assigned, conveyed or otherwise alienated, without the same shall have been first authorized by a two-thirds vote o'jthe active members present and voting at an Annual Busalaess Meeting or Special Business Meeting of the membership called for that purpose, at which is a quorum is first established. Section Three: Unauthorized Activities on Church Property There shall be no personal crusades or private campaigns, programs, enterprises or activities conducted on the church campus, nor any subtle or open display or distribution of signs, literature or advertisements, unless such shall have been in advance approved by the Pastor. If additional services, campaigns or programs are desired beyond those provided, or should any part of the church campus be desired for use, such services, campaigns, programs or use must first have the approval of the Pastor, and be under his general authority and supervision, and his approval may be withdrawn at any time without notice, for any reason. In event the church is temporarily without a Pastor, such activities -must first have the approval of the Church Board. Section Four: Regulations and Policies Restricting Access to Church Campus and Facilities The Pastor and Church Board are authorized to establish and maintain rules, regulations and policies regarding activities taking place on the church campus and facilities, including restrictions upon or exclusions of individuals or groups. The church campus and facilities are private and considered to be Holy Ground, and this church reserves the right to restrict the movements of any person on the church campus and facilities, or to exclude or expel any person or group from same, at any time, for any reason. Section One: Financial Resources This church shall be financed according to Scriptural methods, through gifts, donations, tithes and offerings of the members and friends of the church (Mal. 3:10; Matt. 23:23; Heb. 7-4-9), and income and revenue from all other lawful sources. Section Two: Budget and Disbursements, Annual Review The Church Board shall have general authority and supervision in all financial matters in every department and program within the church, and shall establish an annual operating budget for the church, and shall determine and authorize payment of all debts of the church, including salaries for employees, and to make adjustments they deem necessary or expedient. The Church Board shall 17 arrange for annual review to be conducted on all church accounts under control of the Treasurer. Section Three: Compensation of Pastor and Staff The Church Board, in consultation with the Pastor, shall review the Pastor's salary annually in order to provide an adequate income to meet changes in cost of living, and he shall be given regular and adequate financial support from the funds of the church, including housing allowance, retirement programs and reimbursements, to be paid in amounts and at such intervals as may be fixed by the Church Board, in accordance with law and ability of the church, The Pastor should be given at least two weeks vacation with pay after his first year of service to the church. Employees and Pastoral Staff should be reasonably compensated and given paid vacations after their first year of service to the church. Section Four: Reimbursements The k1nurcil n0ard should provide reirnbursetnent for all author �atj A-vnAntAS inci _ d by the --- —F—.— Irre Pastor and other employees, volunteers and representatives of the church, including delegates to District Council and General Council conventions, in the course of their duties and services for the church. Section Five: Compensation of Church Board Unless otherwise employed by the church, the members of the Church Board Shan not receive compensation for their services or their time involved in meetings of the Church Board. There shall, however, be reimbursement fdr expenses incurred on behalf of the church or in the course of the church business, including extraordinary expenses incurred on account of attendance at meetings of the membership or the Church Board. Accounts for expenses shall be submitted to and paid by the Treasurer of the church, and paid out of church funds without further approval or resolution, prima facie bona. fide, Section Six: Restrictions on Expenditures Any single transaction or project that contemplates an expenditure or debt in excess of a sum equal to ten percent (10%) of the annual general fund budget must first have approval of the membership. Approval of the membership in this regard shall require a two-thirds affirmative vote to authorize such expenditure. Section Seven- Stewardship and Miscellaneous Special Offerings The church shall solicit and receive from the congregation and membership a regular monthly World Nfissions, offering, the receipts of which should be then forthwith sent to the appropriate department of the Assemblies of God. This church shall cooperate with and support, according to its ability, the current plans of Stewardship of the Assemblies of God, and other departments, ministries and programs of the District Council and General Council. in 11 a N - V v It is the policy and standard of this church to avoid conflicts involving hostile confrontations and judicial proceedings in secular courts, and to resolve disputes in the way provided by the Scriptures, and in manner following: Section One: Disputes between Individuals 9M A.- Grievances or disputes between individual members of this church, or involving a member of this church, shall be first negotiated between the disputants in good faith and Christian deportment. For failure of satisfactory negotiation between them, the matter should be then submitted to the Pastor for mediation or decision. If the Pastor is unable to resolve the matter between the parties, at request of either or any of them the matter shall be heard before the Church Board, or a panel of spiritually qualified people chosen by the Church Board (hereinafter referred to as the Panel) with both parties being given equal opportunity to present their respective positions to the panel. B. -In event the matter is taken beyond mediation with the Pastor, the Church Board shall fix such reasonable rules and procedural guidelines as they deem just and proper for the parties to present their respective positions before the Panel, so that good manners, propriety and prudence be preserved. Each party should be allowed to have the assistance of a layperson from the membership to assist in presentation of respective positions. In matters resolved by the Church Board without further action, same shall be treated as privileged, and any record of such proceedings shall be sealed not available to any third party or otherwise except upOln WIlLMoll 111ULUal ana disputants. These proceedings are binding arbitration, and there shall be no other remedy between the parties beyond those herein provided. It is intended that these provisions will resolve misunderstandings and help to quiet personal grievances, so to promote peace and harmony within the church. Domestic Relations matters or disputes between immediate family members should not be entertained beyond mediation through the Pastor. It is not contemplated that these procedures apply to legitimate claims for physical injuries, or in lieu of civil remedies arising out of accidents. Section Two: Disputes between Individuals or Factions and the Church or Church Board A.- Disputes involving individuals or factions within or outside the church against the Church Board or the entire membership of the church, or the church corporation, shall be resolved by binding arbitration. B.- The forum for arbitration of disputes concerned in this Section is the District Council; and, the arbitration panel shall be comprised of three disinterested persons, which three persons shall be appointed by the District Superintendent, preferably from among the District Council Executive Officers and/or the Presbytery. C.- The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and present their respective positions, and shall fix reasonable procedural guidelines for presentation thereof by the parties, as the panel deems just, proper and fair. The determination and award, or other disposition made by the panel of arbitrators, shall be final and conclusive, and binding upon the parties, from which there shall be no appeal. Section Three: Disputes between factions and the District Council Disputes and grievances by this church or any minister, member or faction within this church against the District Council or otherwise adversely affecting the District Council shall be resolved by binding arbitration, by submitting same to the General Secretary of The General Council of the Assemblies of God, Springfield, Missouri, for resolution according to such rules and regulations as he may set, and in accordance with the By-Laws of the General Council, as such By-Laws are now or from time to time may be amended. The determination made by the General Secretary or his designees shall be final and binding between the parties, from which there shall be no appeal. 19 Section Four: Alternative Resolution In event the District Superintendent or General Secretary cannot resolve the disagreements, or is unwilling or unable to appoint a panel to hear and determine the matters in dispute, as indicated in Section Two and Section Three above, the matter shall be heard before an arbitration panel selected as follows: each disputant faction shall select a single arbitrator, and the arbitrators together shall then select a single separate and wholly neutral arbitrator to serve on the arbitration panel. In event such arbitrators are unable to agree upon the neutral arbitrator, then such third arbitrator shall be determined under procedures provided in the Uniform Arbitration Act. All persons serving on such arbitration panel must be practicing born-again Christians. The arbitration panel shall set a time and place for hearing of the dispute between the parties, with proper notice and opportunity for each to be heard and present their respective positions, and shall fix reasonable procedural guidelines for presentation thereof by the parties, as the panel deems just, proper and fair. A final determination and award may be made by decision of any two of such arbitrators. ARTICLE TWELVE - AMENDMENTS Amendments to these By-Laws may be made only by vote of the active voting members at a regular Annual Business Meeting, or at a Special Business Meeting ofthe membership of this church specially called for that purpose, provided that such Business Meeting has been duly called and noticed at least two Sundays prior to such meeting, and as provided elsewhere in these By-Laws. The proposed amendment text shall be publicly posted in a conspicuous place within view of attendees at the church sanctuary, and sent by mail to each active member at his or her address of record, at least ten days prior to such Business Meeting at which the amendment is to be considered. Amendments to these By-Laws shall require a two-thirds affirmative vote of those active voting members present and voting at such Business Meeting, after a quorum is established- 1� Ks THIS IS TO CERTIFY: That I am the duly elected, qualified and serving Secretary of CHURCH OF THE REDEEMER and that the above and foregoing code of Constitution & By-Laws was submitted to the Membership and was ratified and adopted as the Constitution and By -Laws of the corporation by the required vote of Membership entitled to exercise the voting power of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal this date: Secretary Proofread \corrected by Charlotte 9-26-99\ Copy from disk on hard drive disk Bpi LAWS-DOC9-24-99.DOC W1 N I N NA I; N I 19LILKAILLYAM W E�= E • ZMETINT M DA I MIN ., I The Bible is our all-sufficient rule for faith and practice. This Statement of Fundamental Truths is intended simply as a basis of fellowship among us (i.e., that we all speak the same thing, I Corinthians 1:10, Acts 2:42). The phraseology employed in this statement is not inspired or contended for, but the truth set forth is held to be essential to a full-gospel ministry. No claim is h A a fundamental made that it contains all Biblical truth, only that it r s our need as to these — .7 it cover –e doctrines. 1. The Scriptures InSpired The Scriptures, both the Old and New Testaments, are verbally inspired of God and are the revelation of God to man, the infallible, authoritative rule of faith and conduct (2 Timothy 3:15- 17; 1 Thessalonians 2:13, 2 Peter 1:21). 2. The One True God The one true God has revealed himself as the eternally self-existent "I AM," the Creator of heaven and earth and the Redeemer of mankind. He has further revealed himself as embodying the p p les of relationship and association as Father, Son, and Holy Ghost (Deuteronomy 6-:4, Isaiah 43:10,11; Matthew 28:19, Luke 3:22). Ni �• . 041 (a) Terms Defined The terms trinity and persons, as related to the Godhead, while not found in the Scriptures, are words in harmony with Scripture, whereby we may convey to others our immediate understanding of the doctrine of Christ respecting the Being of God, as distinguished from "gods many and lords many." We therefore may speak with propriety of the Lord our God, who is One Lord, as a Trinity or as one Being of three persons, and still be absolutely scriptural (examples, Matthew 28:19, 2 Corinthians 13:14; John 14:16,17). (b)Distinction and Relationship in the Godhead Christ taught a distinction of persons in the Godhead which He expressed in specific terms of relationship, as Father, Son, and Holy Ghost, but that this distinction and relationship as to its mode is inscrutable and incomprehensible, because unexplained (Luke 1:35; 1 Corinthians 1:24; Matthew 11:25-27; 28:19; 2 Corinthians 13:14; 1 John 1:3,4). The Statement of Fundamental Truths of The General Couacil of the Assemblies of God (c) Unity of the One Being of Father, Son, and Holy Ghost Accordingly, therefore, there is that in the Father which constitutes Him the Father and not the Son; there is that in the Son which constitutes Him the Son and not the Father; and there is that in the Holy Ghost which constitutes I-Em the Holy Ghost and not either the Father or the Son. Wherefore the Father is the Begetter, the Son is the Begotten; and the Holy Ghost if the One proceeding from the Father and the Son. Therefore, because these three persons in the Godhead are in a state of unity, there is but one Lord God Almighty and His name one (John 1:18,- 15:26;17:11,21; Zechariah 14:9). (d)ldentity and Cooperation in the Godhead The Father, the Son, and the Holy Ghost are never identical as to person; nor confused as to relation; nor divided in respect to the Godhead; nor opposed as to cooperation. The Son is in the Fat-her and the Father is in the Son as to relationship. The Son is with the Father and the Father is with the Son, as to fellowship. The Father is not from the Son, but the Son is from the Father, as to authority. The Holy Ghost is from the Father and the Son proceeding as to nature, relationship, cooperation and authority. Hence no person in the Godhead wither exists or works separately or independently of the others (John 5:17-30,32,37; 8:17,18). (e) The Title, Lord Jesus Christ The appellation Lord Jesus Christ, is a proper name. It is never applied in the New Testament either to the Father or to the Holy Ghost, It therefore belongs exclusively to the Son of God. (Romans 1:1 -3,7; 2 John 3). (f) The Lord Jesus Christ, God with us The Lord Jesus Christ, as to His divine and eternal nature, is the proper and only Begotten of the Father, but as to FES human nature, He is the proper Son of Man. He is, therefore, acknowledged to be both God and man; who because He is God and man, is "Immanuel," God with us. (Matthew 1:23; 1 John 4:2,10,14; Revelation 1:13,17). (g)The Title, Son of God Since the name Immanuel embraces both God and man, in the one person, our Lord Jesus Christ, it follows that the title Son of God describes His proper deity, and the title Son of Man, FES proper humanity. Therefore, the title Son of God belongs to the order of eternity, and the title Son of Man to the order of time (Matthew 1:21-23; 2 John 3; 1 John 3:8; Hebrews 7:3; 1:1 -13). (h) Transgression of the Doctrine of Christ Wherefore, it is a transgression of the doctrine of Christ to say that Jesus Christ derived the title Son of God solely from the fact of the Incarnation, or because of His relation to the economy of redemption. Therefore, to deny that the Father is a real and eternal Father, and that the Son is a real and eternal Son, is a denial of the distinction and relationship in the Being of God; a denial of The Statement of Fundamental, Truths of The General Council of the Assemblies of God 2 the Father and the Son; and a displacement of the truth that Jesus Christ is come in the flesh (2 John 9; John 1: 1,2,14,18,29,49; 1 John 2:22,23; 4:1-5; Hebrews 12:2). (i) Exaltation of Jesus Christ as Lord The Son of God, our Lord Jesus Christ, having by himself purged our sins, sat down on the right hand of the Majesty on high, angels and principalities and powers having been made subject unto Him. And having been made both Lord and Christ, He sent the Holy Ghost that we, in the name of Jesus, might bow our knees and confess that Jesus Christ is Lord to the glory of God the Father until the end, when the Son shall become subject to the Father that God may be all in all (Hebrews 13; 1 Peter 3:22; Acts 2:32-36; Romans 14:11; 1 Corinthians 15:24-28). Equal Honor to the Father and to the Son Wherefore, since the Father has delivered all judgment unto the Son, it is not only the express duty of all in heaven and on earth to bow the knee, but it an unspeakable Joy in the Holy p I Ghost to ascribe unto the Son A the attributes of deity, and to give Him all the honor and the glory contained in all the names and titles of the Godhead except those which express relationship (see paragraphs b, c, and d), and thus honor the Son even as we honor the Father (John 5:22,23; 1 Peter 1:8, Revelation 5:6-14, Philippians 2:8,9; Revelation 7:9,1€1; 4:8 -11). 3. The Deity of the Lord Jesus Christ The Lord Jesus Christ is the eternal Son of God. The Scriptures declare: (a)His virgin birth (Matthew 1:23; Luke 1:31,35). (b)His sinless '1-*.0- (Hebrews 7:226; 11. Peter 2:22" (c) His miracles (Acts 2.22; 10: 3 8). (d)His substitutionary work on the cross (I Corinthians 153; 2 Corinthians 5 :21). (o)His bodily resurrection from the dead (Matthew 28:6; Luke 24:39; 1 Corinthians 15:4). (f) His exaltation to the right hand of God (Acts 1:9,11; 2:33; Philippians 2:9-11; Hebrews 1:3). 4. The Fall of Man Man was created good and upright; for God said, "Let us make man in our image, after our likeness." However, man by voluntary transgression fell and thereby incurred not only physical death but also spiritual death, which is separation from God (Genesis 1-26,27; 2:17; 3.-6; Romans 5:12-19). 5. The Salvation of Man Man's only hope of redemption is through the shed blood of Jesus Christ the Son of God. The Statement of Fundamental Truths of The General Council of the Assemblies (a) Conditions to Salvation Salvation is received through repentance toward God and faith toward the Lord Jesus Christ. By the washing of regeneration and renewing of the Holy Ghost, being justified by grace through faith, man becomes an heir of God according to the hope of eternal life (Luke 24:47; John 3:3; Romans 10:13 -15; Ephesians 2:8; Titus 2:11; 3:5-7). (b)The Evidences of Salvation The inward evidence of salvation is the direct witness of the Spirit (Romans 8:16). The outward evidence to all men is a life of righteousness and true holiness (Ephesians 4:24; Titus 2:12). 6. The Ordinances of the Church (a) Baptism in Water The ordinance of baptism by ion is commanded in the Scriptures. All who repent and , - believe on Christ as Saviour and Lord are to be baptized. Thus they declare to the world that they have died with Christ and that they also have been raised with Him to walk in newness of life (Matthew 28:19; Mark 16:16; Acts 10:47,48; Romans 6:4). (b)Holy Communion The Lord's Supper, consisting of the elements bread and the fruit of the vine is the symbol expressing our sharing the divine nature of our Lord Jesus Christ (2 Peter 1:4); a memorial of His suffering and death (I Corinthians 11:26); and a prophecy of His second coming (I Corinthians 11:26); and is enjoined on all believers "till He come!" 7. The Baptism in the Holy Ghost AN believers are entitled to and should ardently expect and earnestly seek the promise of the Father, the baptism in the Holy Ghost and fire, according to the command of our Lord Jesus Christ. This was the normal experience of all in the early Christian church. With it comes the enduement of power for life and service, the bestowment of the gifts and their uses in the work of the ministry (Luke 24.49; Acts 1:4,8; 1 Corinthians 12:1 -31). This experience is distinct from and subsequent to the experience of the new birth (Acts 8:12-17; 10:44-46; 11:14 -16; 15:7-9), With the baptism in the Holy Ghost come such experiences as an overflowing fullness of the Spirit (John 7:37-39; Acts 4:8), a deepened reverence for God (Acts 2:43; Hebrews 12:28), an intensified consecration to God and dedication to His work (Acts 2:42), and a more active love for Christ, for His Word, and for the lost (Mark 16:20), S. The Initial Physical Evidence of the Baptism in the Holy Ghost The baptism of believers in the Holy Ghost is witnessed by the initial physical sign of speaking with other tongues as the Spirit of God gives them utterance (Acts 2:4). The speaking in tongues The Statement of Fundamental Truths of The General Council of the Assemblies of God 4 in this instance is the same in essence as the gift of tongues (I Corinthians 12:4-10,28), but different in purpose and use. 9. Sanctification Sanctification is an act of separation from that which is evil, and of dedication unto God (Romans 12:1,2; 1 Thessalonians 5:23; Hebrews 13:12). Scriptures teach a life of "holiness without which no man shall see the Lord" (Hebrews 12:14). By the power of the Holy Ghost we are able to obey the command: "Be ye holy, for I am holy" (I Peter 1:15,16) Sanctification is realized in the believer by recognizing his identification with Christ in His death and resurrection, and by faith reckoning daily upon the fact of that union, and by offering every faculty continually to the dominion of the Holy Spirit (Romans 6:1-11,13; 8:1,2,13, 2:20; Philippians 2:12,13; 1 Peter 1:5). 10. The Church and Its Mission The Church is the body of Christ, the habitation of God through the Spirit, with divine appointments for the fulfillment of her great commission. Each believer, born of the Spirit, is an integral part of the general assembly and the church of the firstborn, which are written in heaven (Ephesians 1:22,23; 2:22; Hebrews 12:23). Since God's purpose concerning man is to seek and to save that which is lost, to be worshiped by man, and to build a body of believers in the image of His Son, the priority reason-for-being of A, the Assemblies of God as part of the Church is: a. To be an agency of God for evangelizing the world (Acts 1:8; Matthew 29:19,20; Mark 16:15,16). b. To be a corporate body in which man may worship God (I Corinthians 12:13). c. To be a channel of God's purpose to build a body of saints being perfected in the image of His Son (Ephesians 4:11-16; 1 Corinthians 12:28; 14:12). The Assemblies of God exists expressly to give continuing emphasis to this reason- for-being in the New Testament apostolic pattern by teaching and encouraging believers to be baptized in the Holy Spirit. This experience: a. Enables them to evangelize in the power of the Spirit with accompanying supernatural signs (Mark 16:15-20; Acts 4-29-31; Hebrews 2:3,4). b. Adds a necessary dimension to a worshipful relationship with God (I Corinthians 2:10-16; 1 Corinthians 12-14). c. Enables them to respond to the full working of the Holy Spirit in expression of fruit and gifts and ministries as in New Testament times for the edifying of the body of Christ (Galatians 5:22-26; 1 Corinthians 14:12; Ephesians 4:11,12; 1 Corinthians 12:28, Colossians 1:29), The Statement of Fundamental Truths of The General Council of the Assemblies of God 11. The Ministry A divinely called and scripturally ordained ministry has been provided by our Lord for the threefold purpose of leading the Church in: (1) evangelization of the world (Mark 16:15-20), (2) worship of God (John 4:23,24), and (3) building a body of saints being perfected in the image of His son (Ephesians 4:11,16). 12. Divine Healing Divine healing is an integral part of the, gospel. Deliverance from sickness is provided for in the Atonement, and is the privilege of all believers (Isaiah 53:4,5; Matthew 8:16,17; James 5:14-16). 13. The Blessed Hope The resurrection of those who have fallen asleep in Christ and their translation together with those who are alive and remain unto the coming of the Lord is the imminent and blessed hope of the Church (I Thessalonians 4:16,17; Romans 8:23; Titus 2:13; 1 Corinthians 15:51, 52). 14. The Millennial Reign of Christ The second coming of Christ includes the rapture of the saints, which is our blessed hope, followed by the visible return of Christ with His saints to reign on the earth for one thousand years (Zechariah 14:5; Matthew 24:27,30; Revelation 1-7; 19,11-14; 20,1-6). This millennial reign will bring the salvation of national Israel (Ezekiel 37:21,22; Zephaniah 3:19,20; Romans 1 11 1 1 :26,22") and t1hie o-funnuivers-al peace kff ssaiah 11:6 -9; Psalm 72:3-9; Micah 4:3,4). 15. The Final Judgment There will be a final judgment in which the wicked dead will be raised and judged according to their works. Whosoever is not found written in the Book of Life, together with the devil and his angels, the beast and the false prophet, will be consigned to everlasting punishment in the lake which burneth with fire and brimstone, which is the second death (Matthew 25:46, Mark 9:43-48; Revelation 19:20; 20:11-15; 21:8). 16. The New Heavens and the New Earth "We, according to His promise, look for new heavens and a new earth, wherein dwelleth righteousness" (2 Peter 3:13; Revelation 21,22). The Statement of Fundamental Truths of The General Council of the Assemblies of God To be formally adopted as part of Constitution and By -Laws THE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD STATEMENT OF FUNDAMENTAL TRUTHS -1996 The Bible is our all- sufficient rule for faith and practice. This Statement of Fundamental Truths is intended simply as a basis of fellowship among us (i.e., that we all speak the same thing, 1 Corinthians 1:10, Acts 2:42). The phraseology employed in this statement is not inspired or contended for, but the truth set forth is held to be essential to a full- gospel ministry. No claim is made that it contains all Biblical truth, only that it covers our need as to these fundamental doct� ones. 1. The Scriptures Inspired The Scriptures, both the Old and New Testaments, are verbally inspired of God and are the revelation of God to man, the infallible, authoritative rule of faith and conduct (2 Timothy 3:15- 17; 1 Thessalonians 2:13, 2 Peter 1:21). 2. The One True God The one true God has revealed himself as the eternally self - existent "I AM," the Creator of heaven and earth and the Redeemer of mankind. He has further revealed himself as embodying the principles of relationship and association as Father, Son, and Holy Ghost (Deuteronomy 6:4, lisalah 43:10,11; Matthew 28:19, Luke 3:22). (a) Terms Defined The terms trinity and persons, as related to the Godhead, while not found in the Scriptures, are words in harmony with Scripture, whereby we may convey to others our immediate understanding of the doctrine of Christ respecting the Being of God, as distinguished from "gods many and lords many." we therefore may speak with propriety of the Lord our God, who is One Lord, as a Trinity or as one Being of three persons, and still be absolutely scriptural (examples, Matthew 28:19, 2 Corinthians 13:14; John 14:16,17). (b)Distinction and Relationship in the Godhead Christ taught a distinction of persons in the Godhead which He expressed in specific terms of relationship, as Father, Son, and Holy Ghost, but that this distinction and relationship as to its mode is inscrutable and incomprehensible, because unexplained (Luke 1:35; 1 Corinthians 1:24; Matthew 11:25 -27; 28:19; 2 Corinthians 13:14; 1 John 1:3,4). The Statement of Fundamental Truths of The General Council of the Assemblies of God 1 (c) Unity of the One Being of Father, Son, and Holy Ghost Accordingly, therefore, there is that in the Father which constitutes Him the Father and not the Son; there is that in the Son which constitutes Him the Son and not the Father; and there is that in the Holy Ghost which constitutes Him the Holy Ghost and not either the Father or the Son. Wherefore the Father is the Begetter, the Son is the Begotten; and the Holy Ghost if the One proceeding from the Father and the Son. Therefore, because these three persons in the Godhead are in a state of unity, there is but one Lord God Almighty and His name one (John 1:18; 15:26;17:11,21; Zechariah 14:9). (d)Identity and Cooperation in the Godhead The Father, the Son, and the Holy Ghost are never identical as to person; nor confused as to relation; nor divided in respect to the Godhead; nor opposed as to coopera*�ion. The Son is i1n the Father and the Father is in the Son as to relationship. The Son is with the Father and the Father is with the Son, as to fellowship. The Father is not from the Son, but the Son is from the Father, as to authority. The Holy Ghost is from the Father and the Soil proceeding as to nature, relationship, cooperation and authority. Hence no person in the Godhead wither exists or works separately or independently of the others (John 5:17 - 30,32,37; 8:17,18). (e) The Title, Lord Jesus Christ The appellation Lord Jesus Christ, is a proper name. It is never applied in the New Testament either to the Father or to the Holy Ghost. It therefore belongs exclusively to the Son of God. (Romans 1:1 -3,7; 2 John 3). () The Lord Jesus Christ, God with us The Lord Jesus Christ, as to His divine and eternal nature, is the proper and only Begotten of the Father, but as to His human nature, He is the proper Son of Man. He is, therefore, acknowledged to be both God and man; who because He is God and man, is "Immanuel," God with us. (Matthew 1:23; 1 John 4:2,10,14; Revelation 1:13,17). (g)The Title, Son of God Since the name Immanuel embraces both God and man, in the one person, our Lord Jesus Christ, it follows that the title Son of God describes His proper deity, and the title Son of Man, His proper humanity. Therefore, the title Son of God belongs to the order of eternity, and the title Soft of Man to the order of time (Matthew 1:21 -23; 2 John 3; 1 John 3:8; Hebrews 7:3; 1:1 -13). (h) Transgression of the Doctrine of Christ Wherefore, it is a transgression of the doctrine of Christ to say that Jesus Christ derived the title Son of God solely from the fact of the Incarnation, or because of His relation to the economy of redemption. Therefore, to deny that the Father is a real and eternal Father, and that the Son is a real and eternal Son, is a denial of the distinction and relationship in the Being of God; a denial of The Statement of Fundamental Truths of The General, Council of the Assemblies of God 2 the Father and the Son; and a displacement of the truth that Jesus Christ is come in the flesh (2 John 9; John 1:1,2,14,18,29,49; 1 John 2 :22,23; 4:1 -5; Hebrews 12:2). (i) Exaltation of Jesus Christ as Lord The Son of Clod, our Lord Jesus Christ, having by himself purged our sins, sat down on the right hand of the Majesty on high, angels and principalities and powers having been made subject unto Him. And having been made both Lord and Christ, He sent the Holy Ghost that we, in the name of Jesus, might bow our knees and confess that Jesus Christ is Lord to the glory of God the Father until the end, when the Son shall become subject to the Father that God may be all in all (Hebrews 1:3; 1 Peter 3:22; Acts 2:32 -36; Romans 14:11; 1 Corinthians 15:24 -28). (j) Equal Honor to the Father and to the Son Wherefore, since the Father has delivered all judgment unto the Son, it is not only the express duty of all in heaven and on earth to bow the knee, but it an unspeakable joy in the Holy Ghost to ascribe unto the Son all the attributes of deity, and to give Him all the honor and the glory contained in all the names and titles of the Godhead except those which express relationship (see paragraphs b, c, and d), and thus honor the Son even as we honor the Father (John 5:22,23; 1 Peter 1:8, Revelation 5:6 -14, Philippians 2;8,9; Revelation 7:9,10; 4 :8 -11). 3. The Deiq, of the Lord Jesus Christ The Lord Jesus Christ is the eternal Son of God. The Scriptures declare: (a)His virgin birth (Matthew 1:23; Luke 1:31,35). (b)His sinless life (Hebrews 7:26; 1 Peter 2:22). (c)His miracles (Acts 2:22; 10:38). (d)His substitutionary work on the cross (1 Corinthians 15:3; 2 Corinthians 5:21). (e) His bodily resurrection from the dead (Matthew 28:6; Luke 24:39; 1 Corinthians 15:4). (f) His exaltation to the right hand of God (Acts 1:9,11; 2:33; Philippians 2:9 -11; Hebrews 3). 4. The Fall of Man Man was created good and upright; for God said, "Let us make man in our image, after our likeness." However, man by voluntary transgression fell and thereby incurred not only physical death but also spiritual death, which is separation from God (Genesis 1:26,27; 2:17; 3:6; Romans 5:12 -19). 5. The Salvation of Man Man's only hope of redemption is through the shed blood of Jesus Christ the Son of God. The Statement of Fundamental Truths of The General Council of the Assemblies of God (a) Conditions to Salvation Salvation is received through repentance toward God and faith toward the Lord Jesus Christ. By the washing of regeneration and renewing of the Holy Ghost, being justified by grace through faith, man becomes an heir of God according to the hope of eternal life (Luke 24:47; John 3:3; Romans 14:13 -15; Ephesians 2:8; Titus 2:11; 3:5 -7). (b)The Evidences of Salvation The inward evidence of salvation is the direct witness of the Spirit (Romans 8:16). The outward evidence to all men is a life of righteousness and true holiness ( Ephesians 4:24; Titus 2:12). 6, The Ordinances of tie Church (a) Baptism in Water The ordinance of baptism by immersion is commanded in the Scriptures. All who repent and believe on Christ as Saviour and Lord are to be baptized. Thus they declare to the world that they have died with Christ and that they also have been raised with Him to walk in newness of life (Matthew 28:19; Mark 16:16; Acts 10:47,48; Romans 6:4). (b)Holy Communion The Lord's Supper, consisting of the elements bread and the fruit of the vine is the symbol expressing our sharing the divine nature of our Lord Jesus Christ (2 Peter 1:4); a memorial of His suffering and death (1 Corinthians 11:26); and a prophecy of His second coming (1 Corinthians 11:26); and is enjoined on all believers "till He come!" 7> The Baptism in the Holy Ghost All believers are entitled to and should ardently expect and earnestly seek the promise of the Father, the baptism in the Holy Ghost and fire, according to the command of our Lord Jesus Christ. This was the normal experience of all in the early Christian church. With it comes the enduement of power for life and service, the bestowment of the gifts and their uses in the work of the ministry (Luke 24:49; Acts 1:4,8; 1 Corinthians 12:1 -31). This experience is distinct from and subsequent to the experience of the new birth (Acts 8:12 -17; 10:44 -46; 11:14 -16; 15:7 -9). With the baptism in the Holy Ghost come such experiences as an overflowing fullness of the Spirit (John 7:37 -39; Acts 4:8), a deepened reverence for God (Acts 2:43; Hebrews 12:28), an intensified consecration to God and dedication to His work (Acts 2:42), and a more active love for Christ, for His Word, and for the lost (Mark 16:20). 8. The Initial Physical Evidence of the Baptism in the Holy Ghost The baptism of believers in the Holy Ghost is witnessed by the initial physical sign of speaking with other tongues as the Spirit of God gives them utterance (Acts 2 :4). The speaking in tongues The Statement of Fundamental Truths of The General Council of the Assemblies of God 4 in this instance is the same in essence as the gift of tongues (1 Corinthians 12:4-10,28), but different in purpose and use. 9. Sanctification Sanctification is an act of separation from that which is evil, and of dedication unto God (Romans 12:1,2; 1 Thessalonians 5:23; Hebrews 13:12). Scriptures teach a life of "holiness without which no man shall see the Lord" (Hebrews 12:14). By the power of the Holy Ghost we are able to obey the command: "Be ye holy, for I am holy" (I Peter 1:15,16) Sanctification is realized in the believer by recognizing his identification with Christ in His death and resurrection, and by faith reckoning daily upon the fact of that union, and by offering every o_ ,L_ —.P +I,- T-1-1— Qp;�4+ tD 4:1=11, IdULULY wIlLilluany LU L"q-, UVIlmukill U1 LIAL, LAULY i� IIAL kjovilic"10 X 13; 8:1,2,13; Galatians 2:20; Philippians 2:12,13; 1 Peter 1:5). 10. The Church and Its Mission The Church is the body of Christ, the habitation of God through the Spirit, with divine appointments for the fulfillment of her great commission. Each believer, born of the Spirit, is an integral part of the general assembly and the church of the firstborn, which are written in heaven (Ephesians 1:22,23; 2:22; Hebrews 12:23). Since God's purpose concerning man is to seek and to save that which is lost, to be worshiped by man, and to build a body of believers in the image of His Son, the priority reason-for-being of the Assemblies of God as part of the Church is: a. To be an agency of God for evangelizing the world (Acts 1:8; Matthew 28:19,20; Mark 16:15,16). b. To be a corporate body in which man may worship God (I Corinthians 12:13). c. To be a channel of God's purpose to build a body of saints being perfected in the image of His Son (Ephesians 4:11-16; 1 Corinthians 12:28; 14:12). The Assemblies of God exists expressly to give continuing emphasis to this reason- for-being in the New Testament apostolic pattern by teaching and encouraging believers to be baptized, in the Holy Spirit. This experience: a. Enables them to evangelize in the power of the Spirit with accompanying supernatural signs (Mark 16:15-20; Acts 4:23 -31; Hebrews 2:3,4). b. Adds a necessary dimension to a worshipful relationship with God (I Corinthians 2:10-16; 1 Corinthians 12-14). c. Enables them to respond to the full working of the Holy Spirit in expression of fruit and gifts and ministries as in New Testament times for the edifying of the body of Christ (Galatians 5:22-26; 1 Corinthians 14:12; Ephesians 4:11,12; 1 Corinthians 12:28; Colossians 1:29). The Statement of Fundamental Truths of The General Couneff of the Assemblies of God 11. The Ministry A divinely called and scripturally ordained ministry has been provided by our Lord for the threefold purpose of leading the Church in: (1) evangelization of the world (Mark 16:15-20), (2) worship of God (John 4:23,24), and (3) building a body of saints being perfected in the image of FEs son (Ephesians 4:11,16), 12. Divine Healing Divine healing is an integral part of the gospel. Deliverance from sickness is provided for in the A , A ---- 0.1 -1 117. C .1VEonement, and is the privilege OfLaull be-fievers (Isaiah 53:4f,5; wrattliew 8A 6, 1 7, 31anies 5: 14-1165). 13. The Blessed ]Elope The resurrection of those who have fallen asleep in Christ and their translation together with those who are alive and remain unto the coming of the Lord is the imminent and blessed hope of the Church (I Thessalonians 4:16,17; Romans 8:23; Titus 2:13; 1 Corinthians 15:51, 52). 14, The Millennial Reign of Christ The second coming of Christ includes the rapture of the saints, which is our blessed hope, followed by the visible return of Christ with I-Iis saints to reign on the earth for one thousand years (Zechariah 14:5; Matthew 24.-27,30; Revelation 1:7- 19,11-14; 20:1-6). This millennial reign will bring the salvation of national Israel (Ezekiel 37:21,22; Zephaniah 3:19,20; Romans 11:26,27) and the establishment of universal, peace (Isaiah 11:6 -9; Psalm 72:3 -8; Micah 4:3,4). 15, The Final Judgment There will be a final judgment in which the wicked dead will be raised and judged according to their works. Whosoever is not found written in the Book of Life, together with the devil and his angels, the beast and the false prophet, will be consigned to everlasting punishment in the lake which burneth with fire and brimstone, which is the second death (Matthew 25:46, Mark 9:43-48; Revelation 19:20; 20:11-15; 21:8). 16. The New Heavens and the New Earth "We, according to Ms promise, look for new heavens and a new earth, wherein dwelleth righteousness" (2 Peter 3:13; Revelation 21,22). The Statement of Fundamental Truths of The General Council of the Assemblies of God U10-653053 sE ti California State of 11 I3:Ix.1H 1; 10 Bill Jones 1,,, CA ENDORSED FILED Secretary of State PI 1, 1, In. (9 N, I I! STATEMENT BY DOMESTIC NONPROFIT CORPORATION THIS STATEMENT MUST BE FILED W11 1-1 96630 COnPORAI IONS CODF-) FEB 1 5 2000 CALIFORNIA SECRETARY OF STATE (SECTIONS 6210, 8210, THE $10 FILING FEE MUST ACCOMPANY THIS STATEMENT. BILLJONES, Seuetary of State California Corporate Number: 0437263 CHURCH OF THE REDEEMER OF THE ASSEMBLIES OF GOD DO NOT ALTER PREPRINTED HAI,4E. IF ITEM I 15 BLANK• 'I FArlf- F1IIF11 C:(I[II'I)IIAII WWI I)o rin I VVI fl I I' IN I'l W', �-,P/Wl' n I 7r, WEI 4 rt-11"Fiffol"IM, A7,13 • THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES THE FOLLOWING STATEMENT 2. STREET ADDRESS OF PRINCIPAL OFFICE SUITE OR ROOM 2A. (IF NONE, COMPLETE 3.38) 3739 North Monterey Ave. Baldwin Park, CA 91706 JDO NOT USE P.D. BOX NO.1 CITY AND STATE 3A. Z - IP - CODE__ 3B. 3. MAILING ADDRESS SUITE OR ROOM 3739 North Monterey Ave. Baldwin Park, CA 91706 I CITY AND STATE ZIP (711171F. THE NAMES OF THE FOLLOWING OFFICERS ARE: 4, CHIEF EXECUTIVE OFFICER 4A. STREET ADDRESS (SEE REVERSE SIDE) 4B. CITY AND srAfE 4C. ZIP CODE Rev. Areliano, Flores 31739 No. Monterey Ave. Baldwin Park, CA 5B. CI-IY AND STATE 91706 SC. ZIP COUE 5. SECRETARY 5A. STREET ADDRESS (SEE REVERSE SIDEI Josephine Castillo 3739 No. Monterey Ave. Baldwin Park, CA 60. CITY AND STATE 91706 6C. ZIP CODE 91706 G. CHIEF FINANCIAL OFFICER 6A. STREET ADDRESS (SEE REVERSE SIDE) George Aguilar 3739 No. Monterey Ave. Baldwin Park, CA (ONE AGENT IS PEOUIRED BY CALIFORNIA SIAIIII()r?N" I'QOVISILIN OF PROCESS DESIGNATED AGENT FOR SERVICE PLEASE READ ITEMS 7 AND 6 ON REV ERqF. SIDE OF 1`0131-1.1 7. NAME Rev. Sam Sanchez B. CALIFORNIA STREET ADDRESS IF AGENT 15 AN INDIVIDUAL (DO NOT USE P.O. BOX) DO NOT INCLUDE ADDRESS IF AGENT IS A CORPORATION 614 So. Fifth Street La Puente, CA 91746 COMMON INTEREST DEVELOPMENT ASSOCIATION SECTION 1350, ET SEQ., CIVIL CODE 9. THIS CORPORATION IS NOT AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT IIF THIS BOX 15 CHECKED, PROCEED TO NUMBER 11.) 10, THIS CORPORATION IS AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT UNDER THE DAVIS�STIPLING COMMON INTEREST DEVELOPMENT ACT. (IF THIS BOX IS CHECKED, COMPLETE IDA AND IOB.i IDA, $USINESS OR CORPORATE OFFICE OB. NAME AND ADDRESS OF THE MANAGING AGENT 11. 1 DECLARE THAT I HAVE EXAMINED THIS STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF. 2-15-00 Attorney /Agent ALLEN JAN DATE TITLE TYPE OR PRINT NAME OF SIGNING OFFICER OR A(-,(-Nl ASSEMBLIES OF GOD SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL Lehi Department 6051 So. Watt Avenue POST OFFICE BOX 275300 SACRAMENTO, CALIFORNIA 95527 Phone: (916) 379 -9650 FAX (916) 379 -9698 February 17, 2000 t®: INTERNAL REVENUE SERVICE FEID # ISSUANCE DESK FAX (801) 620 -7115 frees: ALLEN JAN subject: IGI.ESIAS CRISTIANAS DEL REDENTOR, INC. FEID# 95- 6111610 ehureh nragraM ®f the Assemblies of God U. S. TREASURY [DEPARTMENT INTERNAL REVENUE SERVICE -__ WASHINGTON 25, D. C_ 'sfRVVGC ®N F2£PLY FEF12 TO :r:EO:5 Jill A U G 3 11964 General Council of the Assemblies of God 1445 Boonville Avenue Springfield, ilssouri 65802 Gentlemen: _ We have considered _your request for a group ruling holding your subordinate units exempt from Federal income tax as organ- C, izations described in section 501(c)(3) of the Internal Revenue Code of 1954 - Our records disclose that you were held exempt from Federal income tax under section 23 1(6) of the Revenue Act of 1921 on April 15, 1922. On September 14, 1935 you were held exempt under section 101(6) of the Revenue Act of 1934, which ruling was af- firmed under the Revenue Act of 1936 on April 27, 1938- On September 20, 1955 the District Director held that since sec - tion 501(c) (3) of the-1954 Internal Revenue Code contains the same provisions as section 101(6) of the prior Revenue Acts, ,•,L, Code. previous rulings gs are held to be applicable under the 754 Based upon the information -presented, it is held that your subordinate departments, district councils, churches, institu- tions, organizations, schools and colleges, whose names appear in your Directory, revised to January 1, 1964, are exempt from Federal income tax as organizations described in section 501 (c)(3) of the Internal Revenue Code of 1954 as it is shown that they are organized and operated exclusively for religious pur- poses. You and your subordinate units are not required to file Federal income tax returns so long as a tax exempt status is maintained. It will not be necessary for you'and your subordinate units to file the annual information return, Form 990 -A, generally re- quired of organizations exempt under section 501(c) (3) of the Code, as the specific exceptions contained in section 6033(a) of the Code are applicable. FRECEN SEP ' 31964 GENERAL SECREIARTS OFFICE -3- General Council of the Assemblies of G-od 4. A statement of any changes in the character, purposes or method of operation of your organi- zation or those of your subordinate units. 5. Duplicate copies of amendments to charters or bylal -rs of your organization or those of your' subordinate units. You should advise each of your exempt subordinate units of the exemption and the pertinent provisions of this ruling in- cluding the liability, if any, for filing information or other returns. The District Directors concerned are being advised of this action. Very truly yours, 1. Chief, F`aempt Organizations Branch i 12 r -2- General Council of the Assemblies of God Contributions made to you and your subordinate units axe deductible by the donors as provided by section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to or for the use of you and your subordinate units are deductible for Federal estate and gift tax purposes as provided by sections 2055, 2106 and 2522 of the Code. You and your subordinate units are not liable for the taxes imposed under the i?ederal Insurance Contributions Act (social �__ ±.; o,, certificates are, or securiby to ems) unless waiver of ex have been, filed as provided in that Act. Inquiries about -the waiver of exemption certificates should be addressed to the District Director concerned. You and your subordinate units are not liable for the taxes imposed under the Federal Unemploy- ment Tax Act. For next year, and for each succeeding year thereafter, please send us the following information not later than forty - live days after the close of your annual accounting period: 1. Lists shovring the names and mailing 6 addresses of your new subordinate units and the names and addresses of any units which have ceased to exist or have changed their names or addresses. The names should be ar- ranged in alphabetical or numerical order. in lieu of the lists referred to above you may furnish us irith a copy of your published directory. Please send us one copy of the list or directory for this office and one copy for each district in which your sub- ordinate units are located. 2. A statement signed by one of your prin- cipal officers stating whether or not the information upon which your original group ruling was based is applicable in all respect to the new subordinate units. 3. A statement if, at the close of the year, there were no changes in your roster. JOHN EDWARD CALDWELL ATTORNEY AT LAW 611 WILSHIRE BOULEVARD LOS ANGELES 17, CALIFORNIA TELEPHONE 624-2351 August 9, 1962 Reverend Aureliano Flores 3627 Temple City Boulevard Rosemead, California Re: Iglesias Cristianas Del Redentor, Inc. Dear i`everenU "L ores: -1 J. I am happy to tell you that the Franchise Tax Board has now ruled that this organization is an exempt organization and the Secretary of State has accordingly filed the Articles of Incorporation, thus giving corporate existence to the Chruch.. They were filed on August 7th, 1962. Incidentally, the corporation number in the Secretary of State's office, if you should ever need it, is 437263. I am enclosing a certified copy of the Articles of Incorporation for your records. I am in the process of preparing a minute book and minutes of the first meeting of the directors and will have that in your hands very shortly. In the meantime, I knew that you would want to know that the corporate existence has been granted. When you receive your minute book, you will see that it contains a copy of the Articles, copy of the By-Laws, copy of the Application filed with the Franchise Tax Board and copy of the exempt letter from the Franchise Tax Board. While it is my opinion that your organization will qualify as an exempt organization under the internal Revenue Laws of the United States, nontheless, we cannot get the Treasury to rule on our exempt status until we have operated for at least one year. I therefore recommend Reverend Aureliano Flores August 9, 1962 - Page 2 that you immediately commence to keep careful financial records showing every cent that is contributed to the Church and showing every disbursement that is made by the Church. This can, most easily be done by having a bank account, depositing all of your collections, then writing checks for any disbursements. In that way you will immediately have, in one source, all the information you need should you ever be challenged by all-V regulatory agency or third party. Please contact me after you have operated for one year so that we may move this forward. Please call me some time next week to pick up your minute book. Sincerely yours, )fohn Caldwell JC/ah Encl. Copy of Articles Internal Revenue Service Center Mid-Atlantic Regior�,y.. Date: Juno-13, 1970' p Iglesia Del P.edentor c/o Rev. Aureliano Flores 4628 i,'onterey 3aldwi n Park, CA 91 706 Department of the Treasury Social Security or Employer Identification Number: �)5- 61.11610 Item Referred: Lef cer To provide you with better service, the above item is being sent to our internal Revenue Service office at the address shown at the bottom of this letter. The reason we are transferring it there is checked below: ❑ Your original return was sent there on ❑ Your amended return .or claim was sent there on ❑ You filed a rallated return in that office. ❑ Your account Arid record§ Are kept in that office. 71 R eturns� of U.S citiz4ts with foreign addresses are processed in that office. ❑ Your renuest far a copy of your e::e:apti on letter will be handled by t.iis office: If a rely is f6gijired, that office will answer you as soon as possible. 2a: [_T_nternrll Revenue service 1' 0 3o.- 2350 Los Angeles, CA 90053 A'1'rN: (.diet, E0 iliv. L M Sincerely yours, i Chief, Taxpayer Assistance Section Form RSC-86 (Rev. 8 -74) rr +M +A Y. - i- •c�+at .a #f .i. 5 i • n:" a n7 c/o Jotui Cowell 6 1 Boulevard., Suite 711 m fr s 1,03 11i'-Vles 17,* cal:Lfornja Re: Exemption from Franchise Gentlemen: r It is the opinion of this office, based upon the evidenc0 presented, that you are exempt from State franchise tax undex+'�u�> the pr-Nisions of Section 2370ld of the-Revenue and Taxation. Code, it is shown that you are organized and operated exclusively as a church. ' Accoi-uingly, you will not be required to file franchise tai returns unless you change the character of your organization', the p: da °noses for which• you were organized, or ' your methodf` a open -.-on. You are required to report any such changes immedz,itely so that their effect on your exempt status may ;,� be c,- -_ dried. Contr: ,cations made to you are deductible by the donors in arriving at their taxable net income in the manner and to thd. -:krt extent provided by Sections 17214, 17215, 17216 and 24357 Qf the Revenue and Taxation Code. F If your organization is not yet incorporated and has not yet M qualified to do business in California, this approval will a expire unless incorporation or qualification is completed within thirty days. JTP: of cc: Secretary of State T) Very truly yours, FRANCHISE TAX BOARD John J. Campbell Executive Officer u By James T. Philbin Associate Tax Counsel 1 is 1 t A 'Ai CITY OF BALDWIN PARK STAFF N129H 2009 ITEM NO, l TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Officer DATE: March 4, 2009 SUBJECT: Update on Federal Economic Stimulus Package and potential for funding for City programs. PI1PP(1SF- This staff report provides an update on the Federal Economic Stimulus Package and funding opportunities available to the City. BACKGROUND AND DISCUSSION: At the City Council meeting on February 18, 2009, Mayor Pro Tern Monica Garcia requested staff to provide an update on the Federal Economic Stimulus Package and develop a plan to benefit from it. On February 17, 2009, President Barack Obama approved the American Recovery and Reinvestment Act of 2009. This Economic Stimulus Package appropriates a total of $787 Billion for the following purposes: • Preserve and create jobs and promote economic recovery • Assist those most impacted by the recession • Provide investments needed to increase economic efficiency by spurring technological advances in science and health • Invest in transportation environmental protection, and other infrastructure that will provide long term economic benefits • Stabilize State and local government budgets Below is a breakdown of the $787 Billion Economic Stimulus allocation: Stimulus Spending Breakdown Funding Tax Relief $288 B State and Local Fiscal Relief $144 B Infrastructure and Science $111 B Protecting the Vulnerable $81 B Health Care $59 B Education and Training $53 B Energy $43 B Other $8 B Total $787 B March 4, 2009 Federal Stimulus Package Page 2 of 4 The general provisions of the Economic Stimulus Package include: • No funds for zoos, aquariums, golf courses, swimming pools or casinos • Federal prevailing wage rate policy applies • Buy American Provisions prevail, but can be waived be federal agencies • Compliance with the National Environmental Policy Act is required A team of staff members from various City departments is working on analyzing the provisions and how the City can benefit from the Economic Stimulus Package. Agencies such as the National League of Cities and the League of California Cities have created resources to assist the cities in securing funding. League of California Cities has prepared a comprehensive "City Funding Book" that assists City's with information on how to access funding. Staff is monitoring updates to the City Funding Book, which is updated weekly. To stay informed, City staff has participated in conference calls and webcasts as held by the League of California Cities. Funding is available both on a competitive basis as well as on a formula -based allocation. Staff is staying informed of the details and information on the Economic Stimulus Package that are being released on a daily basis. Staff will also be working with agencies such as MTA, SCAG, COG and the San Gabriel Valley Economic Partnership, during this process. The government has set up a website at www.Recovery.gov in order to track where the Economic Stimulus money is going. As part of the Economic Stimulus Package requirements, unprecedented accountability and transparency provisions are detailed. Preliminary review of the stimulus package suggests that funding is available in the following key areas: • Community Development, Economic Development, Housing • Transportation • Public Safety /Homeland Security • Education and Job Training • Health Programs • Environment • Energy • Technology Staff has identified the following major areas in which the City can benefit: • Community Development Block Grant • Neighborhood Stabilization Program • Home Investment Partnerships • Assisted Housing Stability and Green Retrofit Programs • Capital projects —transit, infrastructure • Environment - Brownfield funds, Clean Water grants • Public Safety — COPS, Byrne JAG March 4, 2009 Federal Stimulus Package Page 3 of 4 It is our goal to seek funding not only directly for the City, but to identify other opportunities to benefit the City of Baldwin Park as a whole. Below is an overview of funding opportunities and identified tasks: Funding to City Competitive or formula based allocation Aciencies ,.ill �.. • Job training • Workforce development • Energy retrofits • Healthcare programs • Other community -based programs Funding for Other Local Agencies such as: • Schools • Water agencies Funding to Individuals • Tax rebates • Unemployment benefits • Health insurance • Energy retrofit funding Tasks • Identify funding opportunities • Identify eligible projects • Work with lead agencies • Submit proposals • Identify funding opportunities • Contact and assist lead Agencies in the area • Collaborate to get programs in the City Tasks • Share information • Offer assistance if needed • Explore opportunity for joint projects Tasks Generate awareness through NOW, City website and City programs Organize community workshops, meetings and develop programs if needed to provide assistance City staff will be making a presentation on the details of the Economic Stimulus Package at the Council meeting and how the City can benefit from this funding. As required, staff has been working on being registered with the federal government for funding. March 4, 2009 Federal Stimulus Package Page 4 of 4 In summary, the purpose of the Economic Stimulus Package is for creating and preserving new jobs in order to promote economic recovery. RECOMMENDATION Staff recommends the City Council receive the update on the Economic Stimulus Package and provide direction to staff. ATTACHMENTS /A %fia, is Dili Spending Categories Charts on Spending Categories gig TH�JRSDAY, FUIRUARY !b, 2009 1111,11,K1111 I aoomE | ABOUT | IMPACT | ANNOUNCEMENTS | FAQ 'The American Recovery and Reinmestrnent Act will be carried out with full tcansparencyaodaccountabi|ity -- and Recmvery.0ov is the centerpiece of that effort. in a short video, President Obanna describes the site and talks about how ynu,|| be able totrack the Recovery Act's progress every step oF the way. Where is Your Money Going? * Tax Relief * State and Local Fiscal Relief Infrastructure and Science Protecting the Vulnerable Health Care * Learn More Page I of 2 Sign up Welcome to Removery.gwv Recoveqy.govisawebshe that lets you, the taxpayer, figure out where the money from the American Recovery and Reinvestment Act is going. There are going to be a few different ways to search for information. The money is being distributed by Federal agencies` and soon you'll be able to see where it's going -- to which states, to which congressional districts, even to which Federal contractors. As soon as we are able to, we'll display that information visually in maps, charts, and graphics. On Our Way: Read the Bill The President recently signed the American Recovery and Reinvestment Act into law. Read the full bill here. http://www.recovery.gov/ 2/26/2009 Where is Your Money Going? I Recovery.gov Page 2 of 3 HOME I ABOUT I IMPACT I ANNOUNCEMENTS I FAQ s CONTACT US Home » Impact > where is Your Roney Going? WHERE IS YOUR MONEY GOING? The American Recovery and Reinvestment Act targets Investments towards key areas that will save or create good jobs immediately, while also laying the groundwork for long -terra economic growth. The charts and numbers below give you an idea of where the money is giving. Over the upcoming months, we will provide more information on the distribution of funding by Federal agencic: In corder to give small businesses and Americans across the. country a chance to apply for recovery dollars to create and save jobs, i:i'me. funding may not be distributed until this sL(rEi•>` "ile.r. New information on the allocatic of funds will be posted on Recovery.gov as it becomes available. 53 B1 3: Education and Training State and Local Fiscal Relief Infrastructure and Science Tax Relief - includes $15 B for Infrastructure and Science, $61 B for Protecting the Vulnerable, $2S B for Education and Training and $22 B for Energy, so total funds are $126 B for Infrastructure and Science, $142 B for Protecting the Vulnerable, $78 8 for Education and Training, and $65 B for Energy. http: / /www.recovery.gov / ?q= content /investments 2/26/2009 f y Health Care Other Tax Relief - includes $15 B for Infrastructure and Science, $61 B for Protecting the Vulnerable, $2S B for Education and Training and $22 B for Energy, so total funds are $126 B for Infrastructure and Science, $142 B for Protecting the Vulnerable, $78 8 for Education and Training, and $65 B for Energy. http: / /www.recovery.gov / ?q= content /investments 2/26/2009 A BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING MARCH 4, 2009 7:00 P.M. COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante e1 periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. to , Y•t a ?,'fi �e�:�e, „8.�; ;�� =J 0" s. .. .. ' r M v Community Development Commission Agenda — March 4, 2009 Page 1 BALDWIN ,- A � Ik,, K Manuel Lozano - Chair Monica Garcia - Vice Chair Anthony J. Bejarano - Member Marlen Garcia - Member Ricardo Pacheco - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Commission or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante e1 periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. to , Y•t a ?,'fi �e�:�e, „8.�; ;�� =J 0" s. .. .. ' r M v Community Development Commission Agenda — March 4, 2009 Page 1 COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Vice-Chair Monica Garcia and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos ser6 el limite para hablar THIS IS THE TIME SETASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or sped . al circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate andlor schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar Y/o f�ar asuntos para tomar en consideraci6n enjuntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1 WARRANTS AND DEMANDS Staff recommends Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the regular meeting of February 18, 2009. 3. CONCEPTUAL REVIEW PROPOSED FACADE MODIFICATIONS TO THE EXISTING KFC RESTAURANT LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 448 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE FACADE MODIFICATIONS TO THE EXISTING KFC RESTAURANT WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA (LOCATION: 14226 RAMONA BLVD.; APPLICANT: SADIKUR SIKDER; CASE NO.: PR 08-19r.)" Community Development Commission Agenda — March 4, 2009 Page 2 4. CONCEPTUAL APPROVAL FOR THE CONSTRUCTION OF A GROUNDWATER TREATMENT AND STORAGE FACILITY WHICH IS LOCATED WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA) Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 447 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE DESIGN REVIEW SUBMITTAL FOR A GROUNDWATER TREATMENT AND STORAGE FACILITY WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA;) LOCATION: 14127 -14137 CORAK STREET AND 1707 BIG DALTON AVENUE; APPLICANT: SAN GABRIEL VALLEY WATER COMPANY; CASE NO.: PR 08 -17." ADJOURNMENT CERTIFICATION I Laura M. Nieto, Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated February 26, 2009. Laura M. Nieto Deputy City Clerk I I Pi EA .qE NnTF -- Copies of staff reports and supportinn rinri imantntinn nartaininn to aarh I I item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 466 or via e -mail at InietoCa0aldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — March 4, 2009 Page 3 2009 ITEM 1 • ■ ki • • was] Wyll q 111kyj 101:1111 zi A March 4, 2009 REPORT: CHECKREG GENERATED: 28 FEB 08 17:19 RUN: TUESDAY FEB242009 16:57 TOTAL AMOUNT: 0.00 CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13065 13068 BANK WO ------------------------------------------------------------------------------------------------------------------ CHECK # # CHECK AMT AMOUNT CHECK DATE VENDOR # ADDRS # VENDOR NAME G/L ACCT # DESCRIPTION INVOICE # t 2 13065 $19.30 19.30 02/24/09 00348 0 FEDERAL EXPRESS CORP 806-40-470-53100-14470-2 TRKG #863889881888 9-088-673472 2 13066 $3750 00 02/24/09 - 1325.00 1225.00 1200.00 2 13067 $824.00 412.00 412.00 2 13068 $3.45 3.45 831-00-000-53388-14900-2 832-00-000-53388-14900-2 837 -00-000-53388-14900-2 02/24/09 09284 801-20-210-51101-14420-2 806-20-210-51101-14470-2 02/24/09 00779 890-00-000-53370-14900-2 TOTAL # OF ISSUED CHECKS: 4 TOTAL # OF VOIDED/REISSUED CHECKS: 0 TOTAL # OF ACH CHECKS: 0 TOTAL # OF UNISSUED CHECKS: 0 0 HARRELL & CO ADVISORS, LLC SGR TX ALLOC BNDS SALES TX ALLOC BNDS PUENTE/MER MERGED REDV PRJ 0 MICHAEL M BLAZENSKI 2/20-2/12/09 2/20-2/12/09 1 SO. CALIF. EDISON SRV 1/12-2/9/09 TOTAL AMOUNT: 4596.75 TOTAL AMOUNT: 0.00 TOTAL AMOUNT: 0.00 CDC COMM ISSUES 2/1/09-2/20/09 01/28/09 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES �6�d�t #�➢�I�9'91r1 ^Y ^8 s e aram° mm �m.�»rn oaa�. m a Gomm[SSON AGENDA Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL Present: Member Bejarano, Member Marlen Garcia, Member Pacheco, Vice Chair Monica Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr,; Community Development Manager Marc Castagnoia, Director of Public Works William Galvez, Chief of Police Lill Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS ,11361M CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Bejarano. ii -1110 01-Al ► 11111 &ZAAkq IBM Commission received and filed. 2. MINUTES Commission approved the minutes of the regular meeting of February 4, 2009. There being no other matters for discussion the meeting was adjourned at 8:19 Page 1 of 2 p.m. Approved as presented by the Commission at their meeting held March 4, 2009, Laura M. Nieto Deputy City Clerk Page 2 of 2 COMMUNITY DEVELOPMENT COMMISSION BALD WIN P, A, R- K : ( l .'' ITEM NO. �_. STAFF REPORT TO: Honorable Chairman and Commission Members FROM: Marc Castagnola, Community Development Manager DATE: March 4, 2009 SUBJECT: Conceptual review by the Community Development Commission for proposed facade modifications to the existing KFC restaurant within the Central Business District Redevelopment Project Area (Location: 14226 Ramona Blvd.; Applicant: Sadikur Sikder; Case No.: PR 08- 1 9r). This item is for conceptual approval only. If the Community Development Commission approves this project in concept, the applicant must still obtain all necessary permits, approval and /or entitlements as they apply before proceeding with the development of the project. This report requests conceptual approval by the Community Development Commission for fagade modifications to the existing KFC restaurant located within the Central Business District Redevelopment Project Area. CALIFORNIA ENVIRONMENTAL QUALITY ACT Staff has determined that this case is exempt from the provision of the California Environmental Quality Act (CEQA) under Article 19, Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines. No further analysis is required. SUBJECT PROPERTY The subject property is located along the south side of Ramona Boulevard across the street from Morgan Park within the Downtown area. The property is trapezoidal in shape and has approximately 7,501 square feet (0.17 acres) of land area. Zoning of the property is C -2, General Commercial and is consistent with the General Plan Land Use Designation of General Commercial. The following table provides a summary of the land uses that surround the subject property. Conceptual Review PR 08 -19; 14226 Ramona Boulevard March 4, 2009 Page 2 TABLE 1 SURROUNDING LAND USES Adjacent Property Location Zoning Property Use North - City-owned public parking South C -1 Single & Multi - Family Residences East C -2 Mc Daniels Cleaners West C -2 Bank of the West to] • • . This property has had two entitlement hearings before either the Planning Commission or Board of Zoning Adjustments which are identified in the table below: TABLE 2 ENTITLEMENT HISTORY CASE NUMBER REQUEST ACTION CP -227 Conditional Use Permit to add a drive -thru car Approved April 14, service and to enlarge the existing operation of 1976 by the Planning the KFC. Commission ZV -134 Zone Variance to exceed the maximum Approved October '11, number of allowable signs. 1967 by the Board of Zoning Adjustments DISCUSSION The Applicant, Sadikur Sikder, representing KFC, is requesting approval to construct fagade improvements to the existing restaurant, which require conceptual approval by the Community Development Commission. Fagade improvements /renovations will include new painted stucco, graphic panels, canopies, wall lighting, sunshade louvers, expanded parapets with caps, sign panels, replacement of the front window and new signage. These improvements will comply with the new corporate model requirements. In addition to the fagade improvements, the interior restroom will be modified to meet new ADA requirements. Furthermore, staff has requested that the existing planter areas be rehabilitated and improved with new landscaping and vegetation, as well as any improved irrigation. It has been determined that the property is located within the area covered by Ordinance 1290 (RDAO Ordinance), which was subsequently amended by Ordinance 1316. However, staff has determined that fagade modifications is not considered an expansion of the existing use as the franchise is simply upgrading the facade to comply with the new corporate model. Conceptual Review PR 08-19; 14226 Ramona Boulevard March 4, 2009 Page 3 The Design Review Committee has reviewed the project proposal and has tentatively approved the project subject to the proposal receiving Conceptual Approval by the Community Development Commission. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the Communi' Development CommI issI ion adopt Resolution No. 448 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE FACADE MODIFICATIONS TO THE EXISTING KFC RESTAURANT WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA (LOCATION: 14226 RAMONA BLVD.; APPLICANT: SADIKUR SIKDER; CASE NO.: PR 08-19r)". ATTACHMENTS #1 - Vicinity Map #2 - Site Plan and Elevations #3 - Resolution No. 448 r VICINITY MAP 9 1130 6 `947 W ♦ (C� 1`3 14T ■ a ®s 1�}3 , �k-- ■ Z ♦ YL ■ MORGAN PARK ■. •'� A ■ e•'e` O� s oe• ■ ..fie ■ oe• ••e• WA01, vD r� `o 4070 O8 3912 ', N Conceptual Approval CASE NO.: PR 08 -19R ADDRESS: 14226 Ramona Blvd. DATE: March 4, 2009 Sotto Scale SITE PLAN AND ELEVATIONS xi .quo lu�aw�an�oidwi ;ueual U -may mere eeazz Wes; ll'1 E z En G > p� m mg W 's' F DOD ma — 'a; ox (D V I FIT 17 A- ' L -J mu 1 = l O i E N fg � \\ ° I W 1 ( 1 4w I I 19 / g9 47 i \ _ Co $ h. ,. g CSC rl' M I N $ O - ''C'•r.' / W CL I a �6 v < g > Z g pol HI E� `. as � W R I co r rc rc°" p(n w> o rc°Z �i -6 �Ja� j ` ixx= k6z' uws�wa>gZs�z �iwiY o z °m f a rci�m70za '� 6 � � z0z °z i3 n ��Z w = i �z°o _ wk>' cw i°�aO rc ; ° m U cw awi c�f'ap0 � m 6 i- °' ' �aW6`LL s' �pa �z m a "o] z`n, c�aNw nz�a N n "o i O a _-¢_ ¢N z(SS(¢yy0m i�°0« °p w»� kN _ 1,< o uZ j$os eowz �0 5; 222» Z W" 6ww p z o o$000 u ' Nzwpa pw.p a f $a z¢ 11 G � Q ®j <�` <Qww2w0 �U�hO On°ao Eg_ 34- flmNN OWpDO� ��Ot f-Fw NON 3Y Y'JOa00 'Jiz '�: sss s'sfE zzzzzz 6do$od n a nna oo rcce crce a`�md a$gym « 3.nm ® ��� rr Z »» p xT5 a Y =¢ O w j ZFNj w ] ZZ^ ¢m¢ - iZZ�i LL °Zi 1F ®FAO 1. Or w4 a 6p O ' 0 iF�W 0�4i1 sin b3pz20 23�wi��2� U6 �iuZWF� �; �m z m2i Te d': va0.3FS rcZ...x. mLF • • • • • • • • • *00 f4uO juewaAojdLuj MMO gem *PRMTI iLmue.L ow"mFumamssaw Lou &Usw — C Cal �,�o3zw"z c E 2 E CL Kor- 0 0 LO[ II Z Z 's 0 (j) Lij I I Z m w 3: cor 0 U) I ft ♦ ♦ • • • ♦ • 0 • • /4uo zuauioAajdLuj jusuej. wvo IdNOUVA"e"a iz NVWAV m3sot3 4c: E 0 ca 2 1: 2 w H7- UI W 0 0 O� IV, 0? EM 0. —1 (I)CIO cc Hit 11 1 MIR i- A ae X- t ------ ----- -------------- .9-4L Ep Iz- lit I , 15 111-1 in lilt 1; ,14u0 ivaLuaAojdLuj wieuej. Id WVrJN3WA ma � (a a) w z I Np =Nvmviu3som E c Rj 0 rill 21i c 2 Ir 9 CL Mu. z M. LU u 0110 OR M MINIM I 2 IL 12, CL cc U) URI I 15 111-1 in lilt 1; 1,41 Fz hi-A pel 9P aQ °e HH, I '11H Ill lip. 0 Z Ill z IC� ml x rill 21i u OR M MINIM I 1� URI I 1,41 Fz hi-A pel 9P aQ °e HH, I '11H Ill lip. 0 Z Ill z IC� ml x _r eo-�cemarsz�a wx.)WZM LZ N w; NVWAV'1 H300H -c oil m z i roat ° °ss WC��' �m a a� e w � x a o tli1:t ^•746 I x O Z 9- Z f n g Y WTo - a: i i c RESOLUTION No. 448 RESOLUTION NO. 448 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE FAQADE MODIFICATIONS TO THE EXISTING KFC RESTAURANT WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA (LOCATION: 14226 RAMONA BLVD.; APPLICANT: SADIKUR SIKDER; CASE NO.: PR 08 -19r) THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF M A I DXA /I ,� PARK DOES HERERV REc01 vE AS FO 1OXnic- LJlll -V V V 1 PARK %I% IJ HER EBB I 1 V V- V" I I 1- -I-V V V V. SECTION 1. The Community Development Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) An application for Design Review for proposed fagade modifications to the existing KFC restaurant (the "Application ") was submitted on behalf of the owners of certain real property, located at 14226 Ramona Boulevard in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division (the "Property "); and b) The property described herein is located within the Central Business District Redevelopment Project Area and the Redevelopment Plan requires that any new construction he revie�� viewed and conceptually aprnmwar„i by the Community Development Commission prior to the issuance of any building permits; and c) The Community Development Commission has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and determined that the project is Categorically Exempt pursuant to Article 19, Section 15301, Class 1 — Existing Facilities. No further analysis is required. SECTION 2. Based upon the evidence presented, including applicable staff reports and each member of the Commission being familiar with the Property, and upon the findings set forth in Section 1, above, the Commission hereby conceptually approves the Application. SECTION 3. This conceptual approval shall not constitute approval by the Community Development Commission of any funding of or monetary participation in this project, nor shall it be deemed to be a waiver by the Community Development Commission of any right or power, which is otherwise available to the Commission. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Community Development Commission and the Applicant. PASSED AND APPROVED this 4t" day of March 2009. MANUEL LOZANO, CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF DALnW 1 N PARK 1, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 448 was duly and regularly approved and adopted by the Community Development Commission of the City of Baldwin Park at a regular meeting thereof, held on March 4, 2009 by the following vote: AYES: MEMBER: NOES: MEMBER: ABSENT: MEMBER: ABSTAIN: MEMBER: r-11114 • IVIL-IV! � LAURA M. NIETO DEPUTY CITY CLERK M, , +r r1111r, COMM ► 1'1/ ► COMM •► L 'O: 1if 1 • • . e •. I" N ' I< I K TO: Honorable Chair and Commission Members FROM: Marc Castagnola, AICP, Community Development Manager DATE: March 4, 2009 SUBJECT: Conceptual approval by the Community Development Commission for the construction of a groundwater treatment and storage facility located within the FC, Freeway Commercial Zone (Sierra Vista Redevelopment Project Area); (Location: 14121-1413"17 Corak Street and 1707 Big Dalton Avenue; Applicant: Frank LoGuidice, San Gabriel Valley Water Company; Case No.: PR 08 -17) This item before you is for conceptual approval only. If the Community Development Commission approves this project in concept, the applicant must still obtain all necessary City permits, approval, and/or entitlements, if they intend to proceed with project development. This report requests conceptual approval by the Community Development Commission for the construction of a groundwater treatment and storage facility located at 14127- 14137 Corak Street and 1707 Big Dalton Avenue. The property is located within the Sierra Vista Project area and the Redevelopment Plan requires any new construction be reviewed and conceptually approved by the Community Development Commission prior to the issuance of any building permits. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) San Gabriel Valley Water Company prepared a Negative Declaration of Environmental Impact which is attached (Attachment #2). This document specifically considers any potential environmental impacts associated with the proposed facility. SUBJECT PROPERTY AND SURROUNDING LAND USES The three (3) subject properties are located along the south side of the 1 -10 San Bernardino Freeway near the intersection of Big Dalton Wash and Walnut Creek Wash. Combined, the overall site is irregular in shape and contains approximately 23,060 square feet (.52 acres) of land area. The subject property's General Plan land use designation is General Commercial and the zoning designation is Freeway Commercial. At this time, the properties are vacant. CAAmy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC Conceptual Approval 14127 -14137 Corak Street and 1707 Big Dalton Avenue March 4, 2009 Paoe 2 of 4 The table below identifies the land uses surrounding the subject property: TABLE #1 ADJACENT PROPERTY LOCATION ZONING PROPERTY USE North FC, Freeway Commercial Three Dwelling Units East R -3 Multi-Family Residential Units South FC, Freeway Commercial Groundwater Treatment Facility West FC, Freeway Commercial I Single - Family Residences DISCUSSION According to the site plan and elevations, which were submitted on October 14, 2008, for Design Review, San Gabriel Valley Water Company is proposing to construct a new groundwater treatment and storage facility which will incorporate the most recent groundwater cleaning technology available. This technology includes the construction of the following: (1) an Ion Exchange System which includes twelve tank type structures approximately 16 feet high with associated mechanical equipment; (2) a Rinse Tank which approximately 24 feet in height; and (3) a Reservoir which can hold up to 1.1 million gallons and is approximately 30 feet in height. All structures on -site maintain a fifteen -foot (15 -foot) setback along both Big Dalton Avenue and Corak Street. Along the street -side property lines wrought iron fencing with pilasters and dense landscaping with a berm are proposed. Along the westerly and northerly property lines, in addition to the fifteen -foot (15 -foot) setback, a new eight (8) foot high block wall and several 36" box Italian Cypress trees will be planted to screen the reservoir from the adjacent residential units. Two drive approaches will be utilized by service vehicles, adjacent to the northerly property line with access from Big Dalton Avenue and the other along the westerly property line with access from Corak Street. On -site the driveways will consist of concrete. Those areas that are not landscaped and mulched or have a concrete pad for the equipment will be spread with gravel to allow for maximum groundwater filtration to the water table. The City's Design Review Committee (DRC) has tentatively approved the project submittal subject to approval of a zone variance and a tentative parcel map by the Planning Commission. The parcel map request is to combine three (3) existing parcels into one (1) parcel and the associated zone variance request is to create a lot which does not meet the minimum lot width, lot depth, and lot area. The Applicant has submitted these requests and they are tentatively scheduled for the Planning Commission meeting of March 25, 2009. CAAmy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC Conceptual Approval 14127 -14137 Corak Street and 1707 Big Dalton Avenue March 4, 2009 Paae 3 of 4 LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends that the Community Development Commission adopt Resolution No. 447 entitled "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE DESIGN REVIEW SUBMITTAL FOR A GROUNDWATER TREATMENT AND STORAGE FACILITY WITHIN THE FC, FREEWAY COMMERCIAL LONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA); (LOCATION: 14127 - 14137 CORAK STREET AND 1707 BIG DALTON AVENUE; APPLICANT: SAN GABRIEL VALLEY WATER COMPANY; CASE NO.: PR 08 -17) ". FINDINGS OF FACT a) That the proposed improvements are compatible with the standards and requirements set forth in this redevelopment plan and the design proposed by the agency. The project proposal was reviewed accordina to several different documents including: the Sierra Vista Redevelopment Plan, the Sierra Vista Design Guidelines, and the Municipal (Zoning) Code. The submitted plans have either met or exceeded the requirements set forth by the Community Development Commission. b) That the proposed improvements will require modifications in order to meet the requirements of the Sierra Vista Redevelopment Plan or the proposed design guidelines of the Agency. As part of the Applicant Design Review Application, the applicants are proposing to consolidate three (3) lots into one (1) lot. However, in the FC, Freeway Commercial Zone, newly created lots require a minimum area of four (4) acres, a minimum lot width of 300 feet, and a minimum lot depth of 200 feet. The proposed lot consolidation will encompass approximately 23,060 square feet (.57 acres) and will require approval of a zone variance from Section 153.153 (13)(1)(2) & (3) of the City's Municipal Code. CAAmy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC Conceptual Approval 14127 -14137 Corak Street and 1707 Big Dalton Avenue March 4, 2009 Paqe 4 of 4 c) Whether the applicant has entered into an agreement with the Community Development Commission for the development of said improvements. The Applicant has not entered into any agreements with the City or the Community Development Commission regarding this project proposal. CONDITION OF APPROVAL 1) That conceptual approval as granted by the Community Development Commission per Resolution 447 shall only become effective for this project provided that a zone variance is granted by the Planning Commission or the City Council on appeal. ATTACHMENTS #1 Vicinity Map #2 Negative Declaration of Environmental Impact #3 Site Plan and Elevations #4 Resolution 447 Report Prepared by: Amy L. Harbin, City Planner C:\Amy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC TA FAI C:\Amy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC 0 ton so 8000 Im as a At m E: 000 SAN BEM4APDIN0 FRVVY 00 0 \1 5 ,mono 1753 000 0000 w 0 BNO00 S-T \�747 500 ---- I I--, \1741 IIA 1 11 11filf ,if PLANNING DIVISION s 1 40k C Q�z Vicinfl-, mall T-Y CIP N Conceptual Approval CASE NO.: PR 08-18 ADDRESS: 14127 Corak Street to DATE: March 4, 2009 Not Scale i r;T i1,iT�hi C:\Amy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC Initial Environmental Study 1. Project Title: San Gabriel Valley Water Company Plant B6 Water Treatment Facility Improvements Addition of Single Pass Ion Exchange Equipment 2. Lead Agency Name and Address: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 3. Contact Person and Phone Number: Amy Harbin (626) 960 -4011 Ext. 475 4. Project Location: Northwest Corner of Corak Street and Big Dalton Avenue, Baldwin Park, CA (APN: 8558 - 025 -010, 8558 - 025 -011, 8558 -025 -012) 5. Project Sponsor's Name and Address: San Gabriel Valley Water Company P.O. Box 6010 11142 Garvey Avenue El Monte, CA 91734 -2010 6. General Plan Designation: General Commercial 7_n -��, r n 'fir i--y Co mercial f. �LiiiCngG r C, �, eeevvcay vvm� , dal) 8. Description of the Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary). San Gabriel Valley Water Company (San Gabriel) currently owns and operates the Plant B6 Water Treatment Facility (Plant) which is located at the southwest corner of the intersection of Corak Street and Big Dalton Avenue in the City of Baldwin Park, as shown on Plate 1. The Plant receives groundwater from four off -site extraction wells, Wells No. B25A, B25B, B26A, and B26B, which have a combined pumping capacity of 7,800 gallons per minute (gpm), and individually have pumping capacity of 2,800 gpm, 2,800 gpm, 1,100 gpm, and 1,100 gpm, respectively. The water produced from all four wells is contaminated from Volatile Organic Compounds (VOCs), Perchlorate, N- Nitrosodimethylamine (NDMA) and 1,4- Dioxane. The Plant is part of the larger U.S. Environmental Protection Agency's Baldwin Park Operable Unit (BPOU) cleanup plan, San Gabriel, in cooperation with the Main San Gabriel Basin Watermaster, San Gabriel Basin Water Quality Authority, and with oversight from the U.S. Environmental Protection Agency, previously installed air strippers for the removal of VOCs, a regenerable resin ion exchange (ISEP) system to remove Perchlorate, and a low pressure ultra - violet light (LPUV) unit with hydrogen peroxide injection to remove NDMA and 1,4- Dioxane. An Environmental Impact Report and an Environmental Assessment were previously approved for the BPOU project. The existing ISEP system generates a waste brine solution that contains Perchlorate. The waste brine solution is discharged to the Los Angeles County Sanitation District (LACSD) brine line under an industrial waste discharge permit. The BPOU Project Agreement allowed for discharging of Perchlorate in the waste brine solution for a limited period of time; however, continuous discharge of brine containing Perchlorate is not an acceptable long -term solution and must be discontinued. In March r_uu? an evaluations of various br ii le treatment technologies and alternative Perchlorate treatment technologies that do not produce a Perchlorate laden brine was performed. This evaluation identified the installation of a single pass ion exchange system as the best technology to replace the existing ISEP system. SINGLE PASS ION EXCHANGE SYSTEM The new single pass ion exchange system consists of modular pressure vessel units with associated valves and piping. The existing ISEP equipment will be taken out of service and be left in place for possible future use. The existing equipment is located inside a building and has no visual impact on tit P. Ct irmi inding area. The new equipment �Vvill 11c ^ AIr, +'..n. l I.; n' -atior ve[tl u.7G Na tonal tSanitL]UU11 Foundation (NSF) approved anion resins for the removal of Perchlorate. The spent resin will require disposal at an approved facility once it has reached saturation. The proposed system will be set up in a lead -lag configuration, where source water will enter the top of the lead vessel, be discharged at the bottom of the lead vessel, continue to the top of the lag vessel and be discharged from the bottom of the lag vessel to the LPUV treatment system. Sampling at the cross- over point between the lead and lag vessels will provide an indication for resin change out. Once Perchlorate breakthrough is detected at the cross -over point, the resin in the lead vessel will be changed out in accordance with directions prescribed in the Operation, Maintenance and Monitoring Plan approved by the California Department of Public Health (DPH). During resin change out, the lag vessel will be switched to the lead vessel position and the newly filled vessel will be placed in the lag position. Spent resin removed from the vessel will be disposed of off -site. Addition of the single pass ion exchange equipment, which will effectively remove Perchlorate from the source water, will eliminate the current use of approximately 46 tons of salt per day to create the brine solution needed to regenerate the ISEP system. This will eliminate the current salt delivery truck traffic. As part of the resin change -out, a small amount of rinse water will be generated, which will require disposal. The rinse water will be supplied by from a potable water source and will not contain any contamination. 2 The rinse water will be discharged into the LACSD brine line, which is currently used for the discharge of the brine waste generated by the ISEP system. An alternative would be to discharge the rinse water into the municipal sewer line. The existing Plant has insufficient available space to house the proposed ion exchange equipment. As a result, San Gabriel has purchased the single family residential properties located at 14127 and 14137 Corak Street, and 1707 Big Dalton Avenue, as shown on Plate 2. These properties are located directly across the street from the existing Plant. The existing residential structures on these properties will be demolished and a geotechnical investigation of the whole site will be performed. The proposed ion exchange equipment will be placed on these properties. San Gabriel proposes to install six bets of lead -lag configured ion exchange vessels on a concrete pad approximately 60 feet by 70 feet. The vessels will be approximately 12 feet in diameter with a low profile height of approximately 17 feet. The influent to the new ion exchange equipment will be connected at a point downstream of the existing pre - filters located inside of the existing ISEP building, and the effluent will be connected to a point upstream of the existing hydrogen peroxide injection point. A resin rinse tank with a diameter of approximately 26 feet and a height of approximately 20 feet, designed to contain the rinse water during a resin change - out, will be constructed near the center of the proposed project area, as shown on Plate 2. RESERVOIR To provide the additional storage required to operate the Plant, San Gabriel plans to construct a new 1.3 million gallon reservoir on the westerly portion of the proposed project area, as shown on Plate 2. The reservoir will be constructed of carbon steel with a diameter of approximately 80 feet and a height of approximately 30 feet. The new reservoir will be constructed to nearly match the existing 30 feet high, 400,000 gallon reservoir, which is located at the existing Plant across the street. SITE IMPROVEMENTS A new block wall will be constructed along the north and west property lines to separate the site from the existing neighboring residential properties. Wrought iron fencing with masonry pilasters, similar to the existing design of the Plant, will be installed along the Big Dalton Avenue frontage with a motor controlled access gate installed at the northeast corner of the site for the periodic delivery of resin. A temporary chain -link fence with screening will be installed along the Corak Street frontage until construction of the reservoir and treatment facility have been completed, and will then be replaced with permanent wrought iron fencing with masonry pilasters and an access gate. The access 3 road to the site wiH be paved with asphalt and all unpaved areas within the site will be covered with gravel. Landscaping and setbacks will be provided per City of Baldwin Park requirements, 9. Surrounding and Uses and Setting (briefly describe the project's surroundings): The proposed treatment equipment will be located directly across t9he street from the existing Plant which includes exiStIng VOC, Perchlorate, NDMA, and 1,4-Dioxane treatment faciNues. Existing treatment Equipment at Plant B6 The surrounding neighborhood includes single and multi-family 4 14127 Corak Street "I, Big Dalton Avenue Northwest Corner of Corak Street and Big Dalton Avenue 14137 Corak Street Typical Single-Pass lon Exchange Equipment 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): California Department of Public Health U.S. Environmental Protection Agency Main San Gabriel Basin Watermaster County Sanitation Districts of Los Angeles County Regional Water Quality Control Board San Gabriel Basin Water Quality Authority ENVIRONMENTAL FACTORS POTENTIALLY A1= FECTED: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a "Potentially Significant impact" as indicated by the checklist on the following pages. ® Aesthetics ® Agriculture Resources ® Air Quality Biological Resources 0 Cultural Resources Geology /Soils ® Hazards & Hazardous ® Hydrology / Water ® Land Use / Planning Materials Qualitv ® Mineral Resources ® Noise 13 Population / Housing ® Public Services ® Recreation ® Transportation/Traffic ® Utilities / Service ® Mandatory Findings of Significance Systems DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Q 1 find that the proposed project MAY have a significant effect on the environment, and an ENV!ROININIEN I AL IIVIPAC T REPORT is required. l find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Print Name 111. AIR QUALITY --Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 13 13 13 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the 13 13 13 project region is non - attainment under an 8 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic 13 13 13 0 vista? b) Substantially damage scenic resources, 13 13 13 0 including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual � ri ® n character or quality, of thesis and its surroundings? d) Create a new source of substantial light or n L.1 13 glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or 13 13 13 0 Farmland of Statewide Importance tPnrm1nndl1 aS shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural rum use, or a Williamson Act contract? c) Involve other changes in the existing 13 13 13 0 environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? 111. AIR QUALITY --Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 13 13 13 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the 13 13 13 project region is non - attainment under an 8 a) Cause a substantial adverse change in the significance of a historical resource as defined in "15064.5? 13 13 13 i7 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial 13 13 0 pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either 13 13 13 directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any 13 13 13 riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) L7 1 effect on federally �, Have a substantial adverse ellc�� UII ICUCIdiIY r' Mad protected wetlands as defined by Section 404 of `% the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of 13 13 13 0 any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted 13 13 0 Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in "15064.5? 13 13 13 i7 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS Would the project: liff Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact ❑ Incorporation ❑ ❑ ❑ ❑ No Impact LVAI ❑ ❑ ❑ ❑ ❑ ❑ ❑ rA bi ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ W-111 u OWN U rA bi ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 111111 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact 0 Incorporation ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ 1 u 0 ■ M ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ 13 13 13 0 ❑ ❑ ❑ ❑ ❑ ❑ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off - site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial _ additional - sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -- Would the project: 12 Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact ❑ Incorporation ❑ ❑ ❑ No Impact ■ ■ ■ � ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 13 13 0 13 a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 13 Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact ❑ Incorporation ❑ ❑ ❑ ❑ No Impact A,-] ❑ ❑ ❑ 13 ❑ � 13 ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ C3 0 ❑ n ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 14 Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact Incorporation No Impact ® ❑ ❑ ❑ ❑ r7l ❑ ❑ ❑ ❑ 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PEE ❑ ❑ ❑ ❑ ❑ u 1 13 h hu mj�W ❑ ❑ ❑ ❑ ❑ ❑ d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans; or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVi. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ciminnnP fa(-ilitieC nr Pknnn� inn of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider =s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant 15 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact 0 Incorporation ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Li U u 1116,11 ❑ ❑ ❑ ❑ ❑ ❑ FEM IQ ❑ ❑ ❑ ❑ ❑ ❑ FEM IQ ❑ ❑ 13 0 ❑ ❑ ❑ ❑ ❑ ❑ Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively Considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion of Environmental Evaluation ■ ■ ■ � ■ M ■ ■ This section provides an explanation of all of the 11-ess than i Sign �ificant impact" answers noted on the Environmental Checklist. !. AESTHETICS C. Construction of the proposed reservoir may obstruct some residential neighbors from their existing visual surroundings. However, the new reservoir will be approximately 30 feet in height, which is consistent in height with the existing structures (Reservoir, Air Strippers, Buildings) at the adjacent Plant B6. San Gabriel will work with the City's planning department and utilize landscaping where feasible to screen the proposed reservoir from neighboring properties. Since the proposed reservoir will be constructed in an area where similar structures exist, the additional visual impact will not be significant. VI. GEOLOGY AND SOILS a., ii. A grading and drainage plan will be developed for the construction site and approved by the City. The entire site will be over- excavated and re- compacted. All construction activities, including grading work, will be performed in accordance with approved construction standards and practices. During construction, Best Management Practices will be implemented to prevent erosion and the discharge of soil to the storm drains. Additionally, a site- im specific geotechnical report will be performed which will include seismic design recommendations. Compliance with these recommendations will further reduce project impacts related to the potential for strong seismic ground shaking. The proposed ion exchange equipment will be installed on a concrete pad designed by a licensed Civil Engineer in strict accordance with the California Building Code. The impact is not significant. a. The proposed project will be located on an existing developed property with 1-1 -U previous rUk UId v ^f 11OZ -O ULAO 111Qteri010. H^vvVUVer, as a precaution, experienced professional contractors at the proposed project site will perform physical site inspections, which may include visual i1nispeCtiOns, collection of soil samples, and soil testing, to verify the safety of the proposed project site before construction will be allowed to commence. If during construction of the project, soil contamination is suspected, construction in the area will stop, and appropriate health and safety procedures will be implemented consistent with California Occupational Safety and Health Administration (CalOSHA) health and safety requirements. If the contractor believes that hazardous waste, as defined in Section 25117 of the Health and Safety Code, is present in the construction area, the contractor will take the steps necessary to contain the `Ontami nant, evacuate the area in its current condition, and notify Department of Toxic Substances Control (DTSC) in writing. DTSC will promptly investigate the conditions, and if it is determined that contaminated soils exist, the extent of the contamination will be determined by the means of a Phase 1 Environmental Assessment (EA). If the Phase I EA concludes that the site is contaminated, a Phase II EA may be conducted, which would include the development of a sampling plan to determine the extent of the contamination and to help identify the remedial measures suitable for safe completion of the project. If the extent of the contamination is small, excavation and transport of the soil to an appropriate Class I, Class II, or Class III disposal site in accordance to the provision of existing law, may be performed. The Environmental Protection Agency and DTSC will provide regulatory oversight of any investigation and remediation of the project site. When the ion exchange resin of the lead vessels become saturated, the resin in the lead vessels will be changed and the lead vessels will be placed into service as the lag vessels. The spent resin will contain Perchlorate. The resin change out 17 procedures will be performed by vendors qualified to perform such task, and the spent resin will be properly disposed of off -site. IX. LAND USE AND PLANNING b. The proposed ion exchange equipment will be located on three new parcels of property purchased by San Gabriel which are currently used for single family residences. However, these properties are located directly across the street from the existing Plant B6 which currently houses VOC, Perchlorate, NDMA, and 1,4- Dioxane treatment equipment. Although there are other residential units across the street, construction of additional groundwater faalltles are consistent with surrounding uses and will have no significant impact. The proposed project area is located within the Sierra Vista Redevelopment Project Area as defined Iu y the City of Baldwin Park. San Gabriel will work with the City to incorporate any design elements needed to integrate the proposed project with City planning. The three parcels of property will be merged into a single parcel to accommodate construction of the proposed ion exchange equipment and reservoir. The merged lot will not comply with the City's minimum lot size requirements (Section 153.153 of Zoning Code) and will require City approval of a zone variance. The proposed treatment facility and reservoir vvill be beneficial to the health, safety, and welfare of the residents of the City. In addition, the proposed project is consistent with Goal 1.1 of the General Plan of the City. XI. NOISE a., b. The proposed components of the ion exchange treatment facility will be located on a concrete pad in an open area. However, operation of single pass ion exchange treatment facility generally does not contribute to ambient noise levels. In the case that it becomes necessary, appropriate sound reduction measures will be provided for the proposed ion exchange treatment facilities to ensure the noise level does not exceed allowable levels. There will be no significant impact. d. Construction of the proposed treatment facility, reservoir and associated site piping and appurtenances will produce temporary noise levels that exceed the current levels. Typical construction noise mitigation measures will be used when necessary, and construction will be limited to the hours as required by City WO standards. Because the noise levels are temporary and consistent with normal construction activity, there is no significant impact. XV. TRANSPORTATION /TRAFFIC a. Currently, the treatment plant receives about 13 truckloads of salt per week. The new ion exchange system will not require salt usage, therefore, eliminating the salt deliveries completely. The proposed single pass ion exchange process will involve change out of spent resin estimated at once a year. Because the new ion exchange equipment requires minimal maintenance and is located directly across from the existing Plant, additional employees will not be needed, and existing vehicular traffic created by Plant employees is not anticipated to increase. The proposed project will result in a net reduction in traffic, which will have a positive impact on the existing traffic conditions. J: \Jobs \1961\22 Fixed Bed IX - Design \CEQA\ Initial_ Environmental _Study_Revised5.doc M PLATE 1 O . C PLATE 2 Q N CN 0 0 o �inNDAV NOiWC1 019 LOLL LLJ F- < 14� Z C) x LU 7� ui 0 co z LLJ — — — — — — — — — — — — — — — — — — — - - z U) q;;k rL >- U) 3nN3AV NOi-IVO 019 2 0 111 (D (I z �inNDAV NOiWC1 019 LOLL LLJ F- < 14� Z C) x LU 7� ui 0 co LLI -j U) C/) w LU Z Z U) Lu z 0 CL Lli Z I col I X u U) < F- Ul IL Z 0 UJ 0- 0 LLJ 0 U) ry, Z z —20.0 C) 0 < LL F- Lli F- LLJ L Z Z < Lu F- U) v < < L C,� ui 0 0 L) CN o 15.0' M ry LU 0 7.1 U) -j I--, < O w Cl) cnw w mww Lu PLATE 3 W J z p — - -- Q [` (L � O J ' W v W W > O Li LLJ i I ( uj <c X J W W z O m — _ m Z m W z 0– co I ( 1 l I `— w J Q U U) O O z 0 _ 0 I- oNy N Y Q N N W I p Q 9 m o Z _ 0 K N m OOco� o� �m OI < m d � o w J< z�� w� 3< �O wxQ n c I Z V cn W W W z C!1 w C:\Amy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC w o ' s 3 \ \ ¢ LU w a �- \\ \\ z IL UJ s z \\ \\ E z v w a x z z z od \ \ LU w g tL LU o LU a o g o N \ \ Q a s \ m y pi a - % \ I z (n I= r � z u r ' Z a E� 0 ", 0 11 r 1 v v y a o e _ o 0 r y m � o z w w - — — — — — — — — — — — — — — — — — — — — - J I 'I 1 L - - - - -- � 1 � 1 i � 1 \ It 04 r--------------------- I L - - - --- - - - - - - - I - - - - - - - - U-t z LL- Lu CL iL LLI w LY a. W z Z u LU It 04 r--------------------- I L - - - --- - - - - - - - I - - - - - - - - Boom LJ LL 0 le a @ e s LJ LL W � W r W °LL5 ( CT'i U < 0 9)c N z — YY m n =z L z Wx Q V c J a w 111 m w { -- r ~ w a ¢ y CL w I. az w = o 1 a e f— X Q W W UJI 2 J I i a I w; z III W J k c9 z z01 ssz LLJ LLJ >,w LL �, I o� I_ LL o 0 w i a w W � a lz LL O t OE i i UW U- °LLg I f - L AC � �=Y U m°Um I I' A 1 CAAmy\AMY\WORD \Reports\Agency Reports \RDA Reports \SGVWater Treatment Facility #3.DOC RESOLUTION NO. 447 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE DESIGN REVIEW SUBMITTAL FORA GROUNDWATER TREATMENT AND STORAGE FACILITY WITHIN THE FC, FREEWAY COMMERCIAL ZONE (SIERRA VISTA REDEVELOPMENT PROJECT AREA); (LOCATION: 14127 -14137 CORAK STREET AND 1707 BIG DALTON AVENUE; APPLICANT: SAN GABRIEL VALLEY WATER COMPANY; CASE NO.: PR 08 -17) WHEREAS, the property described herein is located within the ..gierra Vista Redevelopment Project Area and the Redevelopment Plan requires that any new construction be reviewed and conceptually approved by the community Development Commission prior to the issuance of any building permits; and WHEREAS, that an application ( "Application ") for Design Review was submitted on behalf of the owners of certain real property, located at 14127 -14137 Corak Street and 1707 Big Dalton Avenue; and WHEREAS, that the Design Review Application is requesting conceptual approval of a groundwater treatment and storage facility pursuant to the Redevelopment Plan; and THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Community Development Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That an application ( "Application ") for Design Review was submitted on behalf of the owners of certain real property, located at 14127 -14137 Corak Street 1707 Big Dalton Avenue, Baldwin Park described more particularly in the Application on file with the Planning Division; and b) That the Design Review Application is requesting conceptual approval to allow the construction of groundwater treatment and storage facility pursuant to the Sierra Vista Redevelopment Plan; and c) That on March 4, 2009 the Community Development Commission of the City of Baldwin Park, based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the project proposal, it was determined that the facts as required by the Sierra Vista Redevelopment Plan, for the granting of such approvals are present and that the Design Review proposal should be conceptually approved. SECTION 2. That the Design Review proposal, as herein described by and the same hereby is conceptually approved subject to the following findings of fact: a) That the proposed improvements are compatible with the standards and requirements set forth in this redevelopment plan and the design proposed by the agency. The project proposal was reviewed according to several different documents including: the Sierra Vista Redevelopment Plan, the Sierra Vista Design G sidelines, and the Municipal (Zoning) Code. The submitted plans have either met or exceeded the requirements set forth by the Community Development Commission. b) That the proposed improvements will require modifications in order to meet the requirements of the Sierra Vista Redevelopment Plan or the proposed design guidelines of the Agency. As part of the Applicant Design Review Application, the applicants are proposing to consolidate thran (3) into into one (1) lot. However, in the FC, Freeway Commercial Zone, newly created lots require a minimum area of four (4) acres, a minimum lot width of 300 feet, and a minimum lot depth of 200 feet. The proposed lot consolidation will encompass approximately 23,060 square feet (.57 acres) and will require approval of a zone variance from Section 153.153 (13)(1)(2) & (3) of the City's Municipal Code. c) Whether the applicant has entered into an agreement with the Community Development Commission for the development of said improvements. The Applicant has not entered into any agreements with the City or the Community Development Commission regarding this project proposal. SECTION 3. That the Application, as herein above described be, and the same is hereby approved by the Community Development Commission subject to the following condition: a) That conceptual approval as granted by the Community Development Commission per Resolution 447 shall only become effective for this project provided that a zone variance is granted by the Planning Commission or the City Council on appeal. PASSED AND APPROVED this 4th day of March, 2009. MANUEL LOZANO, CHAIR ATTEST: LAURA M. NIETO DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK ) I, LAURA M. NIETO Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 447 was duly and regularly approved and adopted by the Community Development Commission of the City of Baldwin Park at a regular meeting thereof, held on March 4, 2009, by the following vote: AYES: COMMISSIONER: NOES: COMMISSIONER: , �0001AEHM IS] 1100 ABSENT: COMMISSIONER: LAURA M. NIETO DEPUTY CITY CLERK