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2019 04 03
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL 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, APRIL 3, 2019 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. I'Ll [exell go 1:4 :a 4*111 ILI I *14TA [We -*8 Q 61011k*4 4 Dated: March 28, 2019. /V(� Manuel Lozano Mayor AFFIDAVIT OF POSTING 1, Lourdes Morales, Chief 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 of April 3, 2019. 4a'44'14 Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING please note time and meeting APRIL 3, 2019 location 5:30 PM CITY HALL - 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 5AI" i4Ft l E L , A. L E O Manuell-ozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA CAR SUS TELEFONOS CEL ULARES 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, agenda, but only on any matter posted on this para hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council agenda. Si usted desea la oportunidad de dirigirse al or any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podra hacerlo PUBLIC COMMUNICATIONS period noted on durante el periodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) interpreter is available for your convenience. minutos. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING – 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) 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 DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algun 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] OPEN SESSION/STUDY SESSION 1. Art in Public Places and Digital Displays Update Director of Public Works Sam Gutierrez RECESS TO CLOSED SESSION 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Salcedo v. City of Baldwin Park Case No. BC676398 Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 Case Name: Jason Adams v. City of Baldwin Park Case No. 2:19-cv-00297 Case Name: Maria Delgado v. City of Baldwin Park Case No. BC635496 Workers Comp Case Name: Leaonard Avila WC Case No. ADJ10942219 Workers Comp Case Name: James Kolback WC Case No. ADJ10642596 Workers Comp Case Name: Lili Hadsell WC Case No. ADJ10091998 3. Public Employee Appointment (GC §54957): Position: Chief of Police 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research B. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park G. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. H. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP I. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. J. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group K. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators L. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. M. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. N. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. O. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. P. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Workers Compensation Case: Timothy Cardiel Potential Case(s): Two (2) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION Workers Comp Case No. 16-128534 I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, 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 of April 3, 2019. 0 Cou(rdes Morales Chief 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 e-mail lmorales&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 Il) BALDWIN PARK CITY COUNCIL REGULAR MEETING IIIIIIINEWITIT COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 so 00 Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council 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 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 three (3) 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 terra que este bajo su jurisdiccidn. 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 tres (3) minutos. Hay un interprete para su conveniencia. t} ,6r€,i tt n.., ,t. `cornfrelatii'ig to tato- x s;:;o,°� € .' :7 `€)z at, open sL,,,3sh�n c ..: P R' t';Ut'iJ U, M6 my L'.uth' ._, to tlie City (. o..°f'ci xc.ss than 72 hours prior ,t:) thE n -le tinI will be al Eel_.';..*°h. ftp s;...et.,ficon at .oix r"lafl ii thte City ("""R -k's at 14403x., t e:Acifi.., ,44ve tue, a l-tC..'o oh -i tr riorrnal bi--sines s h ft, s t. i"o '`..'e,y CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation in Honor of Arbor Day • Air Quality Update by Michael Cacciotti, Governing Board Member, South Coast Air Quality Management District PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) 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 DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tome acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista a1g6na 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 y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo, de Gobiemo §54954.21 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. 1. Warrants and Demands Staff recommends that Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meeting held on March 20, 2019. B. Meeting Minutes of the Special City Council Meeting held on December 10, 2013. City Council Agenda Page 2 3. Approve of Final Parcel Map No. 1428 to Consolidate Four (4) Lots owned by the San Gabriel Valley Water Company into One (1) Lot Staff recommends that the City Council accept the Final Parcel Map No. 1428 and authorize the City Clerk and Staff to sign the Final Map. 4. Approve of Final Parcel Map No. 1436 to Subdivide One (1) Lot into Two (2) Lots — 4831 Lante Street Staff recommends that the City Council accept the Final Parcel Map No. 1436 and authorize the City Clerk and Staff to sign the Final Map. 5. Accept and Authorize the Filing of a Notice of Completion for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements It is recommended that the City Council: 1. Accept the construction improvements completed by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion; and, 2. Authorize the payment of $5,419.55 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. 6. Accept Plans and Specifications and Award of Bid for City Project No. 2018-0272 — Morgan Park Improvements, CIP Nos. 19-62 & 19-107 It is recommended that the City Council: 1. Approve and award the contract to CWS Systems, Inc. of Pasadena, CA in the amount of $329,500; and, 2. Authorize the Mayor and City Clerk to execute the contract for Morgan Park Improvements, Project; and, 3. Authorize the Director of Finance to appropriate $12,450 from Measure M Fund #255 and to make the appropriate budget adjustments. 7. Approval of Design -Build Contract with Merge Conceptual Design, LLC. for Professional Services for an Art in Public Space Project, including Artwork, Design, Fabrication and Installation of Signs, Structures and Digital Displays Staff recommends City Council to authorize the Mayor to execute a Design -Build Agreement with Merge Conceptual Design, LLC. to complete the design, fabrication and installation the Public Art Project, including signs and digital marquee display in the amount not -to -exceed $616,360. 8. Accept Plans and Specifications and Authorize Publishing of a Notice Inviting Bids for CIP 19-19 Citywide Sidewalk and Concrete Improvements Project It is recommended that the City Council: 1. Approve the plans and specifications for the Citywide Sidewalk Improvements; and 2. Authorize Staff to advertise a Notice Inviting Bids. 9. Second Reading of Ordinance No. 1438 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter Into a Development Agreement with Rukli, Inc. for the Distribution of Cannabis at the Real Property Located at 4150 Puente Avenue (APN: 8437-014- 014 and 8437-022-008) within the City of Baldwin Park" Staff recommends that the City Council waive reading and adopt Ordinance No. 1438, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER City Council Agenda Page 3 INTO A DEVELOPMENT AGREEMENT WITH RUKLI, INC. FOR THE DISTRIBUTION OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN: 8437-014-014 and 8437-022-008) WITHIN THE CITY OF BALDWIN PARK". 10. Second Reading of Ordinance No. 1435 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Development Agreement with Tier One Consulting for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 1516 Virginia Avenue (APN 8558-029-031) within the City of Baldwin Park Staff recommends that the City Council waive reading and adopt Ordinance No. 1435, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TIER ONE CONSULTING FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1516 VIRGINIA AVENUE (APN 8558-029-031) WITHIN THE CITY OF BALDWIN PARK". 11. Authorize to Enter Into a Lease Agreement for Eight New Copy Machines It is recommended that the City Council approve entering into a 60 month Lease Agreement with Ricoh USA for eight new copy machines. PUBLIC HEARING 12.A Request to the City Council from the Planning Commission on an Amendment to the Downtown TOD Specific Plan (SP 15-01) to Modify the Southwest Boundary (Location: 14200 Ramona Blvd.; Applicant: Oliver Gabay; Case Number: ASP 19- 01) Staff recommends that the City hold a Public Hearing and adopt Resolution 2019-009 to amend the City of Baldwin Park's Downtown TOD Specific Plan to modify the boundaries of the area by excluding the property located at 14200 Ramona Blvd. REPORTS OF OFFICERS 13. Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan Staff recommends the City Council approve the allocations for the FY 2019-2020 CDBG public service programs by selecting one of the following options: OPTION 1: Approve funding as recommended; or OPTION 2 Revise allocations as the City Council deems appropriate. 14. Second Reading of Ordinance No. 1439 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Establishing a Community Choice Aggregation Program Pursuant to the Public Utilities Code" Staff recommends that the City Council read, by title only, and adopt Ordinance No. 1439, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE". City Council Agenda Page 4 15.Approve and Adopt Resolution No. 2019-010 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate Staff recommends City Council rescind Resolution 2019-001 and complete the review and appointment of members to the positions of delegates and alternates of the established committees and organizations presented in Resolution No. 2019-010, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Alejandra Avila for City Council discussion and direction to staff on the following: • Councilmember Avila is requesting discussion and direction to staff to pursue grant funding in the amount of $6.5 million to complete the shovel ready Civic Center Grand Park project including the City Hall frontage area and the City owned properties across the street from City Hall. Request by Recreation staff for City Council direction on the following: • Recreation and Community Services Director is seeking direction from the City Council on the selection to the various roles each member will assume during the State of the City Address Program. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, 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 this 28th day of March, 2019. &,5Z4 Lourdes Morales, Chief 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 Imorales@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 II) City Council Agenda Page 5 ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: April 03, 2019 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $513,102.08 and the attached General Warrants Register was $929,580.88 for a total amount of $1,442,682.96. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 200089 to 200119. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 12710 to 12985 for the period of February 24, 2019 through March 09, 2019, inclusive; these are presented and hereby ratified in the amount of $513,102.08. 2. General Warrants, with the bank drafts in the amount of $290,188.12 and checks from 223428 to 223610 in the amount of $639,392.76 for the period March 11, 2019 to March 25, 2019, inclusive; in the total amount of $929,580.88 constituting of 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. LEGAL REVIEW Not Applicable ATTACHMENT 1. 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STAFF REPORT of �pLDw��1•A TO: Honorable Mayor and Members of the City Council HUB,OF THE FROM: Lourdes Morales, Chief Deputy City Clerk SARZABRIEL h " ',,IV` ALLEY DATE: April 3, 2019 (/ kDJANVP�ryh SUBJECT: Meeting Minutes SUMMARY The City Council held a Regular City Council Meeting on March 20, 2019 and a Special City Council Meeting on December 10, 2013. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: • Special Meeting of December 10, 2013 - • Regular Meeting of March 20, 2019 FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special Meeting Minutes of December 10, 2013 2. Regular Meeting Minutes of March 20, 2019 Attachment 1 Special Meeting Minutes 12/10/13 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING DECEMBER 10, 2013, 6:10 P.M. CITY HALL — 31 Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order by Mayor Lozano at approximately 6:10 p.m. ROLL CALL: Council Member Monica Garcia Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Ricardo Pacheco Mayor Manuel Lozano PUBLIC COMMUNICATIONS None. RECESS TO CLOSED SESSION The meeting was recessed to Closed Session at approximately 6:11 p.m. 1. PUBLIC EMPLOYEES: DISCIPLINE/DISMISSAL/RELEASE (GC §54957) 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Title: City Attorney Title: Police Chief Title: Chief Executive Officer Title: Community Development Manager Title: Public Works Director Title: Finance Director Title: Director of Recreation & Community Services RECONVENE IN OPEN SESSION The meeting reconvened in Open Session at approximately 7:24 p.m. with all City Council Members present. REPORT FROM CLOSED SESSION It was reported to dismiss Chief Executive Officer, Vijay Singhal. City Attorney Joseph Pannone and Chief of police Lili Hadsell 3-2 with assenting votes by Council Member's Baca, Pacheco and Rubio and dissenting votes by Council Member Garcia and Mayor Lozano. It was announced Police Captain Mike Taylor would act as Interim Chief Executive Officer and Interim Chief of Police. City Council Special Meeting Minutes 11/20/13 It was also reported to appoint Robert Tafoya, of the firm Tafoya & Garcia as City Attorney 3-2 with assenting votes by Council Member's Baca, Pacheco and Rubio and dissenting votes by Council Member Garcia and Mayor Lozano ADJOURNMENT The Special Meeting was adjourned at approximately 7:30 p.m.. ATTEST: City Clerk Mayor Page 2 of 2 Attachment 2 Regular Meeting Minutes of 3/20/19 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING March 20, 2019, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER' The meeting was called to order by Mayor Lozano at 7:02 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia Mayor Lozano MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to excuse Council Member Pacheco and Mayor Pro Tem Garcia from the meeting. Motion carried by unanimous consent. REPORT ON CLOSED SESSION Mayor Lozano announced no reportable action was taken. ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS Proclamation Recognizing DMV Donate for Life Month Daniel Luevanos and Jolene Vargas thanked the City Council for the proclamation and invited the community to attend the run/walk event on April 21St • Proclamation Recognizing March as Red Cross Month Erika with the American Red Cross accepted the award and encouraged the community to donate blood and volunteer. • Certificates Recognizing Sierra Vista High School Soccer Team CIF & State Titles Head Coach for Sierra Vista High Jose Rodriguez extended his gratitude on behalf of the school, faculty and soccer team to the City Council for honoring the winning team an invited the community to attend the ring ceremony (TBD). Mayor Lozano and the City Council pledged to assist with the rings and announced the team would be featured in the Baldwin Park Now newsletter and via a billboard and would be recognized at the annual summer concerts and parade. • Choice Aggregation Energy Implementation Plan & Statement of Intent Presentation Barbara Boswell provided a power point presentation emphasizing the importance of the community's choice to have oversight of utility rates and programs from energy suppliers. Ms. Boswell delivered an overview of the costs associated with the inception of the program and delineated next steps of the process. California Consulting, Inc. Presentation Dan Rodriguez from California Consulting, Inc. explained the role they played as grant writers and commented on the various grants obtained due to their efforts. Council Member Hernandez requested their firm be more aggressive in obtaining private grants. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:55 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Mr. Luna questioned the motive for approving the towing services contract and commented on the lack of information on the short agenda. Christina Larios, Library Manager provided updates on the upcoming events at the local library. Regular Meeting of 03/20/19 Page 2 of 9 Soledad Cruz invited the community to attend the poetry competition to be held Saturday, April 13 at 2:00 pm at the Baldwin Park Library. Veronica representative from Assembly Member Blanca Rubio congratulated the soccer team on their victory and reminded the community to attend the WINGS even ant the Esther Snyder Community Center. Mr. Rios commented on rent control, new housing development, citations provided to businesses and gave suggestions on handicap equipment Javier Vargas invited the City Council to attend an event on behalf of the East side little league Terri Muse, Waste Management Representative invited the community to attend the scholarship fundraiser and thanked Public Works staff for picking up bulky items swiftly after calls are placed. Mayor Lozano closed public communications at 7:58 p.m. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. The City Council pulled Item No.'s 4, 9, 10, and 12 from the Consent Calendar for separate consideration. MOTION: It was moved by Mayor Lozano, seconded by Council Member Garcia to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report — January 2018 The Council received and filed the Treasurer's Report. 3. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on March 6, 2019. B. Meeting Minutes of the Regular City Council Meetings held on March 6, 2019. 4. Approval of Design -Build Contract with Merge Conceptual Design, LLC. For Professional Services for an Art in Public Space Project, Including Artwork, Design, Fabrication and Installation of Signs, Structures and Digital Displays (Pulled for Separate Consideration) The Council requested the dollar amount allocated to fix the items, whether this project Regular Meeting of 03/20/19 Page 3 of 9 was under warranty and if the design included a digital marquee. Director of Public Works Sam Gutierrez clarified a full analysis had not been conducted on the costs to fix items and the design was under a one year warranty. Additionally, Mr. Gutierrez commented that the location of signs had not yet been determined MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to table the item to the next meeting. Motion carried by unanimous consent. 5. Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018 -0266 -Brooks Drive and Springs Street Reconstruction Project The City Council 1.) accepted the construction improvements by All American Asphalt, Inc. and authorize the recordation of a Notice of Completion; and 2.) authorized the payment of $13,740.61 in retention funds to All American Asphalt, Inc. upon the expiration of the 35 -day notice period. 6. Award of Bids for City Project No. 2018-0273, CIP No. 19 -113 -Walnut Creek Nature Park Improvements Phase II The City Council 1.) approved and award the contract to CEM Construction Corp. of Downey, CA in the amount of $893,010.00; and 2.) authorized the Mayor and City Clerk to execute the contract for Walnut Creek Nature Park (WCNP) Improvements, Phase III Project; and 3.) authorized the Director of Finance to appropriate $80,000.00 from Measure M fund 255 to Account # 255-50-58100-16185. 7. Approval of Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) for Rail; Safety Crossing and Quit Zone Ready Improvements at Mac Devitt Street, Merced Avenue and Foster Avenue The City Council1.) approved the Design Services Agreement with SCRRA for railroad design services for highway -rail grade crossing warning and signalization including Quiet Zone improvements at the MacDevitt Street, Merced Avenue and Foster Avenue crossings and authorize the Mayor to execute the DSA agreement in an amount not -to - exceed $470,800; and 2.) authorized the Director of Finance to draw -down from the Measure M Revenue Bond proceeds held by U.S. Bank to cover the DSA costs; and 3.) authorized the Director of Finance to reduce the approved budget from Acct. #255-50- 520-58100-15550 in the amount of $658,252 to be re -appropriated to other projects and to make the necessary budget adjustments. 8. A Resolution of the City Council of the City of Baldwin Park Approving the Agreement and Election to Prefund Other Post -Employment Benefits (OPEB) with the California Employer's Retirement Benefit Trust Fund (CERBT) Administered through the California Employers Retirement System (CaIPERS) and Approve the Delegation of Authority to Request Disbursements The City Council 1.) approved the agreement with CaIPERS to join the CERBT program; adopt Resolution NO. 19-006 delegating authority to request disbursements from the Trust; and authorize the execution of necessary documents with CaIPERS for fund and maintain participation in the Trust; and 2.) authorized the Director of Finance to deposit Regular Meeting of 03/20/19 Page 4 of 9 up to 50% of the General Fund surplus, if any, to the CERBT account each fiscal year after the audit is completed. The amount of deposit may be adjusted year-to-year with the City Council's direction. 9. Award of Contract for the 4t" of July Pyrotechnic Show with Pyro Spectacular, Inc. (Pulled for Separate Consideration) Council Member Avila asked how they would obtain additional funding. Director of Recreation and Community Services Manuel Carrillo stated the funding would be pulled from business committee budget. MOTION: It was moved by Council Member Avila, seconded by Mayor Lozano to 1.) authorized the Director of Finance to allocate funding for the event; and 2.) awarded contract with Pyro Spectaculars Inc., for professional pyrotechnic services; and 3.) authorized the Director or Recreation & Community Services to execute the agreement with Pyro Spectaculars, Inc. Motion carried by unanimous consent. 10. Resolution Electing to Join Other Communities in LA County in Opting Out of the Requirements of the Congestion Management Program Established in 1990 by Proposition 111 (Pulled for Separate Consideration) Council Member Pacheco inquired whether there were any benefits. Planning Manager Ron Garcia stated there were no negative effects and the program would eventually be dissolved. MOTION: It was moved by Council Member Hernandez, seconded by Mayor Lozano to adopt Resolution 2019-005 electing to be exempt from the Congestion Management Program (CMP) in accordance with the CMP State Statue. 11. Introduction of Ordinance No. 1439, Establishing Baldwin Park Community Choice Aggregation Program and Other Related Actions The City Council 1.) introduced Ordinance No. 1439 Entitled: " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE"; and 2.) approved and direct. staff to post the Community Choice Aggregation Bond in the amount of $100,000 with the California Public Utilities Commission; and 3.) authorized and direct staff to enter in to a CCA Service Agreement with Southern California Edison; and 4.) approved agreement with California Choice Energy Authority for CCA Implementation Services in the amount of $160,000; and 5.) approved a loan from the General Fund for the startup expenses related to the Baldwin Park Community Choice Aggregation program, and direct staff to prepare a promissory note for repayment over seven years fixed rate of 3% simple interest. Regular Meeting of 03/20/19 Page 5 of 9 12. Approval of an Exclusive Franchise for Official Police Tow Service Franchisee, Royal Coaches (Pulled for separate consideration) Council Member Avila expressed concerns to authorize one tow truck service to operate and negate another company the opportunity to do business in the city. Mayor Lozano spoke in support to grant the franchise to Royal Coaches as they had contributed a lot to the community of Baldwin Park. Council Member Pacheco clarified the city had initially granted two agreements, however, one company's franchise had been revoked due to code violations. Mayor Pro Tem Garcia commented on the company's long term commitment and the responsiveness of the company to both the city and residents' concerns. Council Member Hernandez spoke in favor of granting the franchise to one company in an effort to build stable business relationships. MOTION: Council Member Avila made a motion to keep Royal Coached as one of the Police Tow Service Franchise and remove the word "exclusive". Motion died due to a lack of a second. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to 1.) award an exclusive Franchise Agreement to Royal Coaches; and 2.) authorize the Mayor to execute an Amended Franchise Agreement for Official Police Tow Services with Royal Coaches Autobody and Towing approved as to form by the City Attorney. Motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Garcia, Hernandez, Lozano, and Pacheco NOES: COUNCIL MEMBERS: Avila ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Board Members and were approved with one motion. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the Consent Calendar. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report January 2019 The Board Members received and filed the ° Treasurer's Report. Regular Meeting of 03/20/19 Page 6 of 9 SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands The Board Members ratified the attached Warrants and Demands Registers. PUBLIC HEARING 13. A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-03 to Grant a Manufacturing License in Order to Repackage Product for Cultivators and Manufactures of Cannabis within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 4150 Puente Avenue; Applicant: Rukli, Inc.; Case Number: DA -18-03) Mayor Lozano opened the public hearing at 8:52 p.m. Seeing no one wishing to speak, Mayor Lozano closed the public hearing at 8:52 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to Introduce for first reading, by title only, Ordinance No. 1438, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RUKLI INC. FOR THE DISTRIBUTION OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN 8437-014-014) WITHIN THE CITY OF BALDWIN PARK".. Motion carried by unanimous consent. 14. Public Hearing Regarding Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan Mayor Lozano opened the public hearing at 8:54 p.m. Martha provided an overview on the emergency assistance center and thanked the City for the funding they have provided over the years. Cynthia Espinoza spoke on the pride platoon and domestic violence program efforts. Michel Ore with John the Baptist Church spoke on the activities provided via this funding. Paul Flores with Church of the Redeemer spoke on their food bank program through the support of the CDBG. Mayor Lozano closed the public hearing at 9:11 pm. The City Council requested this item be held over to the next regularly scheduled meeting. Regular Meeting of 03/20/19 Page 7 of 9 REPORTS OF OFFICERS 15. Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to table this item to the next meeting. Motion carried by unanimous consent. 16. Approve and Adopt Resolution No. 2019-008 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to bring back this item to make remaining appointments at the next regularly scheduled meeting. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / "STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for City Council discussion and direction to staff on the following: Councilmember Pacheco is requesting discussion on the needs of the community concerning affordable housing, and that direction be provided to staff to reconvene during a workshop study session with solutions to the affordable housing crisis and to further assess properties around the downtown area (specifically adjacent to and across the street from the Civic Center) as possible options and explore Fair Community Housing Initiatives. Council Member Pacheco provided an overview of the need to build affordable housing and requested staff hold workshops to receive input from the community to establish a program and commence work with developers for veterans, single parents, and families with fixed income. Council Member Avila requested staff look at the Mars Place program. Request by Recreation staff for City Council direction on the following: • Recreation and Community Services Director is seeking direction from the City Council on the selection to the various roles each member will assume during the State of the City Address Program. Mayor Lozano requested this item be brought back to the next meeting. Regular Meeting of 03/20/19 Page 8 of 9 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Mayor Pro Tem Garcia, to adjourn the meeting at 9:22 p.m. Mayor: ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 03/20/19 Page 9 of 9 STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Workr, DATE: April 3, 2019 tlh^--- SUBJECT: Approval of Final Parcel Map No. 1428 to Consolidate Four (4) Lots Owned by the San Gabriel Valley Water Company into One (1) Lot SUMMARY This report requests that the City Council authorize the approval of the Final Parcel Map 1428 pursuant to the State Subdivision Map Act and Section 152.09 of the City of Baldwin Park Municipal Code. RECOMMENDATION Staff recommends that the City Council accept the Final Parcel Map No. 1428 and authorize the City Clerk and Staff to sign the Final Map. FISCAL IMPACT The approval of this Parcel map will have no impact to the City's General Fund. BACKGROUND The San Gabriel Valley Water Company is requesting to consolidate four (4) lots, of the same ownership, into one (1) lot within the Mixed Use 2 Zone (MU -2). The subject lots are located at 12714, 12718, 12724, and 12728 Ramona Boulevard, just east of the intersection of Syracuse Avenue and Ramona Boulevard. On January 27, 2016, the Planning Commission approved Tentative Parcel Map No. 1428, pursuant to Table 152.10 in the City's Municipal Code. The consolidation of the lots will allow them to be sold to a single developer in the future. In addition to the consolidation, SGVWC is proposing to establish an easement with the lot at 12714 Ramona Blvd for access to a proposed lift -pump station. Engineering staff has reviewed the Final Map and finds that it substantially conforms to the tentative Parcel Map conditions of approval. ALTERNATIVES A Final Map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Map is not approved at the first meeting or at the subsequent meeting from when the Final Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved without any further action from the City Council (Government Code §66458). Since the Final Map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative but to approve. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Los Angeles County Assessor's Map 2. Final Parcel Map 1428 (sheets reduced) Attachment 1 LA County Assessor's Map w 0 w. oSYRACVs� AVE. F wp V Attachment 2 Final Parcel Map 1428 CF 2 OtC39 ;:.:RES '. PARLEI PARCEL • ■ 428 IN THE CITY OF BAL;WIN PARK, COUNTY OF LOS ANGELES, STATE OFF CALIFORNIA. 3ENG A SURVEY CF LOTS 6 THROUGH 13 OF TRACT NO. 10104 IN TnE CITY OF.. EALCVlI.N PARK, COUNT VF LOS ANGELES STATE GF CALIFORNIA. AS SHOWN ON. A !.IAP F.ECORCF.D :PN BOOK 142,. PAGES 62 THROUGH E4, INCLUSIVE, OF MAPS, IN THE OFFICE OF TINE COUNTY RECCRCER OF LOS ANGELES COUNTY -' EADSON & ASSOCIATES, INC. MAY 2017 OWNER'S CER11FICAT£ WE HEREBY STATE THAT WE ARE ME OWNERS OF M ARE INTERESTED IN ME LANDS INCLUDED MMIN MF. SUBDIVISION SHOWN ON. TMS MAP MNIN THE DISTINCTIVE BORDER. LANES, AND WE CONSENT TO ME PREPARATION AND FILING OF SAID MAP AND SUMITSON. SAN GABRIEL 'JVAALLEEYYjNMER CO�MPANY�;/A CALIFORNIA CORPORATION SKYlATURE^ (EAPAL/ � H1t1 SOON -IRE, HANE. ANATT'YUCELEN NAME: ROBERT J DIPRIMIO TITLE NCE PRESIDENT-ENGNEERING TIME: SENIOR NCE PRESIDENT US, BANK NATURAL ASSOCIATION, RUSTF.E (SUCCESSOR TRUSTEE TO U.& BANK TRUST NATIONAL ASSDCIATON, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA NATMAL TRUST AND SAVINGS - ASSOCIAT,UN), BY DOCUMENT RECORDED NOVENBER B. 1945 IN BOOK 22495. PAGE 127 OF OFTTCIAL RECORDS. SIONAMRE: SyGNANRE Y PCJ NAMEAd1Ci9 ESTe7KH4oy NAME: 1 .HTJ/4L' TITLE. @siQ twl r TITUE: JA NOTARY PUSUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY TME I IDENTITY OF NE INDIVIDUAL MTC SIGNED TUE DOCUMENT TO MiICH THIS CERTRTCATE IS !.ATTACHED, AND NOT ME RUTHFULNESS, ACCURACY, OR VALIDITY CF ME -DOCUMENT. NOTARY ACKNOVP_EDGEMENT STATE OF CALIFORNIA COUNTY OF AOl MiFiFl!•s - ON9Ed1J..ia1L. OEFORE Mc^"••"�' ERSONALLY APPEARED EdAlIk1K,&i'AEdRN.3,�Ax S.iPRIMIQ_M •_.�.�.__.__.J ANO MOWD TO NE ON ME BASS OF SATISFACTORYEVIDENCE TO BE ME. PERSONS) MGM NAMES) IBJ'ARE SUBSCRIBED TO THE MMM RTSTRUMENI AND ACKNOWLEDGED TO ME NAT "&,"/MEP EXECUTED THE SAME IN M414""TH:IR AUiNOINM CAPACITIE(S). AND THAT BY NNICY'MiF/THEHR SIGNATURES ON ME INSTRUMENT ME Pt'RSQN(S). OR ENTITY UPON BEHALF OF MARCH ME PERSON(S) ACTED, EXECUTED ME INSTRUMENT. I CERTIFY UNDER PENALTY' OF PERJURY UNDER ME LAWS OF ME STATE OF CAUFMMA NAT ME FOREGOING PARAGRAPH IS TRUE AND CORRECT. - MTIESS MY HAND AND OFFICIAL REAL yVJ((,�I�/dtJfFLNT�tAiHf.[� MNIAaRALT . �SIGNATURE A NOTARY PUl3UC CR OTTER DFFlCER COMPLETING 1115 CE TIfItAtE VERIFIES'CNLY ME IpENT.TY OF ME INDIMM. WHO SIGNED THE DOJJMENT.W5,2 AT Is 16 PTTAMED, AND NOT ME TRUTIFULMESS ACCURACY, OR_YAPJDITYOF ME. 'T. j NOTARY ACKNOWLEDGEMENT. STATE OF CALIFORNIA COUNTY OF 4-V AWf' ON �Epbf1PERSONALLY APPEARED WHO:PROVE.D TOMEON ME BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S). W/ARE SUBSCRIBED TO THE MMMM INSTRUMENT AND ACKNOWLEDGED TO ME NAT-NE/SNE%IJAEY EXECUTED ME SME M HKpF�R/THEM NFR10f02EO CAPACITE(S), AND NAT BY N6/He'RMOk,,',LGNATURES M THE INSTRUMENT ME PERSONS). OR ENTITY UPON BEHALF OF MICH ME PERSON(SY ACRVI;fXECUIET ME.. MSTROAENT, 1 CERTIFY UNDER PENALTY OF PERJURY UNDER ME LAWS OF ME STATE OF CALIFORNIA THAT THE FORECOING PARAGRAPH IS TRUE AND CORRECT. APTNESS MY HMO AND OFFICIAL SEAL �/���'.�-A0.RLEOCC _LtL�YSd� IwAYNMFARAr SIGN RE - 'MKdm+.FAW W sTnn♦ . SIGNATURE OMISSIONS PUIRSUMT TO ME PROVSONS OF SECTION 66436(c)(3)(Aj(H-M6)' OF THE SUBDIVISION MAP ACT, ME _ FOLLOMNG SIGNATURES HAVE BEEN ONTTED. MEM INTEREST IS SUCH THAT 1T, fAN NOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE'S ARE NOT REOUMED BY ME LOCAL AOENCY. WANT INVESTMENT COMPANY. HOLDER OF AN BASEMENT FOR UTILITIES RECORDED DECEMBER 22, 1932 IN BOOK 16277, PAGE IW OF OFFICIAL RECORDS. " SOUTH C.AUFORMA EDISON COMPANY, A CORPORATION. ITS SUCCESSORS AND ASSW'NS. HOLDER OF AN EASEMENT FON UNDERGROUND EIECTfiCAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS RECOit0E0 FEBRUARY 15. 2017 AS INSTRUMENT NO. 20170167381 OF O:.FICIAL. RECORDS. LOS ANGELES COUNTY BOARD OF SUPERVISOR'S CERTIMATE I HEREBY'. TIFY NAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAI ME SECURED UNDER ME PROVISIONS OF SECTIONS 66492 AND 66493 OF TE SUBDIVISION MAP ACT. EXECUTIVE OMCE. BOARD OF SUPERVISORS OF ME COUNTY' T LDS MCELES, STATE O"CALIFORN!A. ST:DATED.._—_.__________- DEPUTY �J$yEYDR'S STATEu£NT THIS MAV WAS PREPARED BY LIE OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH ME REWIREMENS OF THE. SUSGASIYN MAP ACT AND LOCAL ORDINANCE AT ME REOUEST OF SM GABRIEL VALLEY WATER .COMPANY IN APRIL. MI. I HEREBY STATE THAT 'NS PARCEL MAP SUSSTANTALLY CONFORMS TO ME APPROVED TENTATNE MAP. 3 ANY; NAT MONUMENTS OF ME CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE OR WILL BE IN PLACE A1MIN THREE MONTHS MOM ME DATE OF COMPLETION OF WPROVEM£NTS, AND THAT SAID MONUMENTS ARE SOTFI TO ENABLE RAY TO BE RETRACED MMJAM EA5� /�i AND `YV EXPIRATION DATE: 03-31. 2020 - r 'fop E. fq zO<o _ O I! �F` No 6158 Jy l CITY ENGINEER'S STATEMENT 1 HEREBY STATE MPT H HAVE EXAMNED THE -NN MAP OF PARCEL MAP NO. 1428 MISISTNG OFTYWI SHEETS; THAT ME SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON ME 7ENTATVE MAP AND ANY APPROVED ALTERATIONS THEREOF: THAT ALL PROVISIONS OFME.SUBMN90N NAP ACT AND OF ANT' LOCAL ORDINANCES APF0.ICABLE Al';WE Mf. OF AP OVAL (1F NE TEHTATVEMAP NAME SM. COMPLIED MN. T�, 17GATE -- PECIGE�%PIRES tif3O/2019 ��Wt NO 05474? (;TTY SURVEYOR'S STATEMENT L HEREBY STATE NAT ! NATE EXAMINED PARCEL MAP NO 1426 CONSISTING OF TWO SATISFIED NAT SAID MAP IS TECHNICALLY CORRECT AND THAT ALL PROY!SONS OF AIT AND d MY LOCAL ORDINANCES APPUCA94 AT ME TIME OF APPROVAL OF 1} HAVE BEEN COMPLIED WIN. /_ eaot`j NN OA HANNI" HENT3i CITY SJRVEYOK RICE 33090, EXP, 6/30/2020 CITY PLANNER'S STATEMENT H HEREBY CERTIFY MAT I NAVE EXAMINEC MIS MAP ANG MAT ALL PRO'". 1 S OF APPLICABLE ZONMG ORDINANCES OF THE CITY Cf. SPLDMN PARR HAVE BEET PLIED CITY PLANNER - CITY OF SALDMN PAW SPECIAL ASSESSMENT CERTIFICATE I HEREBY CERTIFY NAT ALL SPECIAL ASSESSMENTS LEVEED UNDER TIE MRISDICTON OF THE CITY OF BALDMN'PARK, TO M ICH ME LAND INCLUDED IN THE "TNM SUBOMSIOM OR ANY PART THEREOF IS SUBJECT AND M ICH MAY SE PAID IN NUL HAW SEEN PAD IN, FUU..' DATE --uANIA A. CONIRERAS -- CITY TREASURER - CITY OF SALDMN PARK CITY CLERK'S CERTFlCATE. I HEREBY CERTIFY NAT NIS MAP WAS PRESENTED FOR APPROVAL TO ME ZONING AOMMISTRATTON OF THE CITY Or BALDMN PARK AT A MEETING HELD ON ME _-. DAY OF 20.. AND THEREUPON SND ZONING ADMIWSRATOR DCO APPROVE SAID MAP PURSUANT TO SECTION 66,145(J) OF ' TME-SUBOMSCN MAP ACT.- - DATED NIS_.......__OAY. 01`-------- 20_ u EJANDRA ATRIA CITY CLERK - GN OF BALDMN PARK I HEREBY CERTIFY NAT SECURITY IN ME AMCUNT OF 11HAS BEEN FILED WN THE EXEwrW OFFICE, BOARD OF SUPERVISORS OF ME COUNTY OF LOS ANGELES AS `SECURITY FOR ME PAYMENT CF TAXES ANO SPECIAL ASSESSMENT COUECTED AS TAXES ON THE LAND SHOWN J T+ MAP OF PARCEL MAP NO. 14M AS RECURRED BY LAW. 81 OATS DEPUTY GRAPHIC SCALE 40 O 20 40 SO ( Ik FFFT) 1 inch s 6p !tt1 PARCEL MAP . 1428 IN Ti -;E CIT" OF BALDWIN PARK, COUNTY OF OS ANGELES. TATE. OF CALFCRNIA BASIS OF BEARINGS THE BEARINGS SHONN HEREON ARE BASED ON THE CENTERLINE OF RAMONA BOULEVARD BEING NORM ?4'37'SO' EAST AS SHOWN ON A RECORD OF SURVEY FILED W BOOK 245. PAGES IT AND 18 OF RECORD OF SURVEY. RECORDS OF LOS ANGELES COUNTY RI - RECORD OF SURVEY FILED IN BOOR 245. PAGES 17 & 18 OF RECORD OF SURVEY, LOS ANGELES COUNTY. R2 - TRACT NO. 10104 RECORDED W BOO( 142, PAGES 62 THROUGH 64 OF MHS, RECORDS OF LOS ANGELES COUNTY. R3 - PARCEL MAP NO. 401 FILED IN BOOK 72 PACE 3 OF PARCEL MAPS, RECORDS CIF LOS ANGELES COUNTY. MONUMENT NOTES s- - NDICATES FOUND MONUMENT AS NOTED 0- MDICATEB SET 1' IRON PIPE AND TAC.. RUSH. STAMPED "LS. 8154' AT DW' OFFSET ON PRCPENTY LINE PROD.. UNLESS OIHER.SE NOTED R - IHVICAIES RECORD REFERENCE DATA. ' CF - INDIWIS CALCULATED FROM it INOCATES THE BOUNDARY CF THE LAND BEING SUBDIVIOEC BY THIS MAP. , MONL.:.ENT NOTES O I FOUND GEAR SPIKE & WASHCR TAGGED LS 5411 PER R1. FLUSH. FOUND GEAR SPIKE & WASHER TAGGED LS 9411 PER Rl. Awsm. 3 FOUND GEAR SPIKE & WASHER TAGGED LS 5411 PER W. RUSH. 4 FODND GEAR SPINE & WASHER TAGGEO LS 5411 PER RI.. FLUSH, FITS Timm PWF8 1428!1458. 5 FOUND GEAR SPIKE & WASHER TAGGED LS 5411 PER RI.. FLUSH. 8 1 1 GEAR SPIKE & WASHER PACKED LS 5411 PER RI, FUISH, FOUND SMALL PK NAIL PER RI. RUSH. FITS RES PER RIKB 1428,708 8 FOUNC SPIKE & WASHER TAGGED LS 502E PER RI, FLUSH FITS TIES PER PTFE 14M 1231,1232 9 FOUND SPIKE & W`]1ER TAGGED LS 4025 PER RI. RUSH. FITS TIES PER PAV8 1428 t233,!234 - 10 FOUND 'NOTING. ESTABLISHED BY PROPORRON. SET HOMING. (D NICE OR PER DOCUMENT RECORDED FEBRUARYNT OF SOUTHERN IS. 201NAAETASOH INSTRUMENT NO. 201J0!57381 O OFFCIAL RECORDS. tt .. _. g]`A� +-a.4•• � w -!< `• Moi tAP � � 'j6A.gA GE PIAK AT437'SO .RtX w� 91 OF xj'�. "'SB, Ogm .1\ .;". R-2 5 R2) 1.86' 14232'. 11'1 i /. &2) l„+� .� Nim• p .-+ ``�- - - 14� 10.� SPyb z7' �' & TB:E LOT 54T 1iJU WtRC��T TPST t4 tI� HV.4i lV � 1st ORIG. UtLEpRGP4itT $, LA'; .( Pit ! ,9.%•� L705'L 70.34 I j J000• rJ P�a 095 3065�'./]� uo T�58.96' 64 N E ,, Sod 5GO -p0 O6'. i 688 r a (�7.1'/ r „i4'3d.1L 765SON PROPER t iil lv c-(/U_ �MT r A!L 'rtiAMF�• O90 I w�!rn - I+r ✓<Go 3000' r ' ... 5 Y _ � rsaaP• % ! CI&3. Iii �. Nia•30'22 W � � 11 I / af✓� D OO CF' R2P x`36 C4)a p . 1 1 REFERENCE RI - RECORD OF SURVEY FILED IN BOOR 245. PAGES 17 & 18 OF RECORD OF SURVEY, LOS ANGELES COUNTY. R2 - TRACT NO. 10104 RECORDED W BOO( 142, PAGES 62 THROUGH 64 OF MHS, RECORDS OF LOS ANGELES COUNTY. R3 - PARCEL MAP NO. 401 FILED IN BOOK 72 PACE 3 OF PARCEL MAPS, RECORDS CIF LOS ANGELES COUNTY. MONUMENT NOTES s- - NDICATES FOUND MONUMENT AS NOTED 0- MDICATEB SET 1' IRON PIPE AND TAC.. RUSH. STAMPED "LS. 8154' AT DW' OFFSET ON PRCPENTY LINE PROD.. UNLESS OIHER.SE NOTED R - IHVICAIES RECORD REFERENCE DATA. ' CF - INDIWIS CALCULATED FROM it INOCATES THE BOUNDARY CF THE LAND BEING SUBDIVIOEC BY THIS MAP. , MONL.:.ENT NOTES O I FOUND GEAR SPIKE & WASHCR TAGGED LS 5411 PER R1. FLUSH. FOUND GEAR SPIKE & WASHER TAGGED LS 9411 PER Rl. Awsm. 3 FOUND GEAR SPIKE & WASHER TAGGED LS 5411 PER W. RUSH. 4 FODND GEAR SPINE & WASHER TAGGEO LS 5411 PER RI.. FLUSH, FITS Timm PWF8 1428!1458. 5 FOUND GEAR SPIKE & WASHER TAGGED LS 5411 PER RI.. FLUSH. 8 1 1 GEAR SPIKE & WASHER PACKED LS 5411 PER RI, FUISH, FOUND SMALL PK NAIL PER RI. RUSH. FITS RES PER RIKB 1428,708 8 FOUNC SPIKE & WASHER TAGGED LS 502E PER RI, FLUSH FITS TIES PER PTFE 14M 1231,1232 9 FOUND SPIKE & W`]1ER TAGGED LS 4025 PER RI. RUSH. FITS TIES PER PAV8 1428 t233,!234 - 10 FOUND 'NOTING. ESTABLISHED BY PROPORRON. SET HOMING. (D NICE OR PER DOCUMENT RECORDED FEBRUARYNT OF SOUTHERN IS. 201NAAETASOH INSTRUMENT NO. 201J0!57381 O OFFCIAL RECORDS. STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City ouncil FROM: Sam Gutierrez, Director of Public Work DATE: April 3, 2019 AVI SUBJECT: Approval of Final Parcel Map No. 1436 to Subdivide One (1) Lot into Two (2) Lots — 4831 Lante Street SUMMARY This report requests that the City Council authorize the approval of the Final Parcel Map 1436 pursuant to the State Subdivision Map Act and Section 152.09 of the City of Baldwin Park Municipal Code. RECOMMENDATION Staff recommends that the City Council accept the Clerk and Staff to sign the Final Map. Final Parcel Map No. 1436 and authorize the City FISCAL IMPACT The approval of this Parcel map will have no impact to the City's General Fund. BACKGROUND The subject property is located at 4831 Lante Street, east of Masline Street. On October 11, 2017, the Planning Commission approved the proposed Tentative Parcel Map to subdivide one (1) lot into two (2) lots within the R-1, Single Family Residential Zone, pursuant to Table 152.10 in the City's Municipal Code. The property is rectangular in shape and is approximately 66 feet in width by 272 feet deep, totaling about 17,873 square feet in land area. The property is currently improved with a 2,606 sq. ft. single family dwelling unit on east half of the lot. The west half of the lot will be utilized for a Single Family Residential unit in the future. Engineering staff has reviewed the Final Map and finds that it substantially conforms to the tentative Parcel Map conditions of approval. ALTERNATIVES A Final Map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Map is not approved at the first meeting or at the subsequent meeting from when the Final Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved without any further action from the City Council (Government Code §66458). Since the Final Map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative but to approve. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Los Angeles County Assessor's Map 2. Final Parcel Map 1436 (sheets reduced) Attachment 1 LA County Assessor's Map »v 00 m 's ISO -----� N I _� I m� $NUBIA STs >m� w� 589°5T30"E50 1-5 1 A +D N ?' 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Na 54742 VFM- 12/!1/79 H HEREBY SUE BGT H NAM" E.KAAMED PE MBW MAP a' PARCEL MAP Na /404 Re MAP CaWS7WC Cr 2 SNHE'TS AND I AM SRAM 1N4T SAO MAP S X WWOMLY GAAPLCT HANY S kO*W OAM arY SLWWM aTr OF KNOWN PARK RCF. Aa: JJOAD CITY PLANNERS STATEMENT: I IERBY ST47E AAT H HAW EXAMAU IHR WPW MAP a' PAW & MAP NO 11.% AAS MAP cawsim or 2 mrm AAD YNAT ALL mmms 5 W APRDA&F zmw a0W44Vas' W BLE' aTY LF SNOWV PAPA' HANE REN COANUM WN AMYL HARSH DAR`. arY FLMWK OTT OF 84LOW N PAW! CITY CLERKS STATEMENT: I lE%DY CER1FY MT BAS MAP WAS PAMNV FOR APPROVAL TO NE OTY DOW" OF BE aTY CF 84LD7W PARK AT A REGULAR ANEW T OECF /ELS W BE - DAY OF 2018 AAV THAT NUaRFM SAD COiWCL LW/ BY AN ORDER DWY PA530 AID EN7M APPROW SN NAP. DATE TMS _ DAY CF 2018 ALEJANBRA AWA awr DMTY aTY aDu arY CF BALDALV PARK l HEREBY GRAPY PGT ALL sMak ASMSSVMIS LEM LAVER BE AJSDCWV OF BE OTY or BALOWM PAPA TD WAW PE LAO NaG7ED N W WRAN SbMWSM CR ANY PART BA )VW S A"CT, AND WAW MAY AND N RAAL HAW BEEN PAO N ML DA/LD: MS NAVA A CONRRRAS OTY PEAVO? UTY ON SAWMIN PARC LAS ANGELES COUNTY TAX a3 R UTE: 1 HEREBY CER77FY DfAT ALL CER ARCA IFS NAW BEEN FM AAV DEPOSALS NAW BEEN NAGE NA ARE REWIRED IAM AE PROWNM Or sm"M 66492 AND 6649) OF 71E RWWSW NAP ACI. EA£CUEF& aFIGT' BOARD OF 3/P£RWSORS OF 77E COWrY OF LOS ANGELES STATE W CAL/FOaWA DFPLDYry DATE SCALE: 1"-W TOTAL AREA: 20,nft ACS. 2 PARCELS LEGEND: PARCEL MAP 1 IN THE OTY OF BALOKIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEWG A SUB0114SM OF LOT 85 OF TRACT 7701, AS RECCWOEO W MAP 8,X 8J, 'ACE 61 ANO 62, O MAPS 1N 7H£ OFF7CE OF THE COUNTY RECORDER IN 7HE COUNTY OF LOS AN^QELES 4 PAWA TES SET 1 • LP., TA= LS 8782 a NLYCA IES SET L&T, TAXM L.S 8J82 AT 1.00' OFFSET MWOARY OT R6' LAAO T— BEAK SUmv"D FA SSW, 45 7707, PER PWR 15.E PG 675 FG " S WASNEK Is PER Pw o PG EASEMENT NOTES: EASEMENT W FAWR CF THE CRY OF M010 PARK A A" WAL COVOVW POP PUBLIC STREET, AA SERERS ANO DPAK40E PLOW023 AAD ALL LM APPURRNAPIr REM70 RECAfYAFD AM S 1980 AS WSIRUMNr M0. 80-J474.n OR ©&NIM AND DR�6£ AMM THE AW USESSMPAIWR R APW A 19W AS MMUIENT NO 80-Jp43K OR 7707 PER PG 123 C/L NUBIA r SHEET 2 OF 2 SHEETS -- _-_ - DETAIL'A" I i i-----zs.oa_ ____ __-________ 1. 74.W' � f I i 1 I' � II --------- ZS------rn-- _j DETAIL _______--_ _r 25' I I I I I i I i I i I I I-_______--?!D _-_________ _ I CONC NAY, PER IR. A M8701, PG 70 N8988YLYW 61!22' 3 I ' NLY URK OF LOTS 75 AND i I —_—MUM /I ( i BULY ------------------------ J07.ffi' '— I I ( 1 25' 1 I 1 I I I 1 I I I I I I I � 1 I I I a si I I W ¢A I I i I 25' j I 1 I I I I rZI i I I I .I. �j Joloe 25' 25' I 5I0' 1 I v I u_ i ififi I _j U I I I1 i S4Y LM OF LOTS 73 ANO 66 OF TR 7701, M864 PG 61\ 1 SEE LFTAR A' 1 _I II •. A 1 \ .' I � •� AM9WVO'W 614.72' !!g 4C Jp7.11' •, I I T0. SRC PL TML WIN 7A i I SPA: 7 WASAER. MRI TA _ O7yyy is ma m PCR TR 61AW.L 7S26J' 17df)r>6'I M0..702 PG 7D .: �-__-- wl `�—.�i I 119.48' $ � is7.8J' -- SLXF I VTn I t I I,S w MasuNE J 8 © 18 PARCEEL, PARCEL 2 _ r�_� �N U � A❑=00:. , GL MasLla�� ?R! 1 I e,r sLw�L rn� EDT N8988YLYW 61!22' 3 I ' NLY URK OF LOTS 75 AND i I 1 OF R. 7701. M8 88 PG •`,A I I I pt lb1C LF (O/5 60 RLRWp! 74 AW2.U57tf I � 1 NO A 79 La, IR. 7701, M8 M PG 61 I I I I I i I 25' j I 1 1 L I ' I � ' I I I .I. �j Joloe 1 � L ' 1 Jo7ar " v -- — 1/8959'77•W 61(.18' r,L PM NWL. PER IR. IK 71827. M6 X. Pr a C/L OLIVE I is ar I I h str OETAK '8' I I I I G I I LJV}� I I I I i I � I u �f I 1 � i 5!a' 25' 10'25' 1 I I I I I I I --I: a A'ORM FO, ESMa BY LBU£ FROM LIASWE CT. B RELVRO =_ PER M. 6060.1 M8 JOZ PO: 70 STAFF REPORT ITEM NO. S TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: April 3, 2019 ?/�V SUBJECT: Accept and Authorize the Filing of a Notice of Completion for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements SUMMARY This item will accept the work completed for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements Project, close the contract, and authorize the filing of a Notice of Completion with the Los Angeles County Clerk. This project furnished drainage improvements at the intersection of Puente Avenue and Chevalier Avenue north of Pacific Avenue. Work consisted of removal and replacement of curb and gutter, sidewalks, curb ramp, driveways, cross gutter and full -depth of existing asphalt sections including all pavement markings. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements completed by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion; and, 2. Authorize the payment of $5,419.55 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. FISCAL IMPACT There is no impact to the general fund. The following table lists the funds available for the project which is listed in fiscal year 2018/2019 #CIP19-093. CIP 19-093 Proposition C — Fund #245-50-520-58100-15732 $128,546.50 Total Available Funds $128,546.50 BACKGROUND This project was first approved by the City Council on August 2, 2017 as part of the FY 2017-18 Capital Improvement Program (CIP) budget. On May 29, 2018, a Request for Services was executed with Infrastructure Engineers for the design of the improvements including preparation of plans and specifications for construction. On September 5, 2018, the City Council carried -over the project and approved additional funds as part of the approval of the Fiscal Year 2018-19 CIP. DISCUSSION The project objective is to improve the drainage at the intersection of Puente Avenue and Chevalier Avenue north of Pacific Avenue. The general nature of the work consists of removal and replacement of curb and/or gutter, sidewalks, curb ramps, cross gutter, driveways, installation of detectable warning surfaces (truncated domes), full -depth removal and replacement of Asphaltic Concrete pavement, installation of pavement markings, construction surveying, and adjusting manholes and utility covers to grade. This item will award the contract for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements Project. Plans and specifications for the project were accepted by Council on December 19, 2018. The project was advertised on January 3 and January 10, 2019. The project was awarded to Gentry Brothers, Inc. on February 6, 2019 and project work commenced on February 25, 2019. Although the project experienced various rain event related delays, it was completed under budget and on schedule. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice of Completion Attachment 1 Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: Project No. 2018-0268 - Chevalier Drainage Improvements for the City of Baldwin Park and was ACCEPTED by City Council on April 3, 2019, 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 5. A work of improvement on the property hereinafter described was COMPLETED on March 14, 2019 6. The work of improvement completed is described as follows: Chevalier Avenue Drainage Improvements 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Gentry Brothers, Inc. 8. The street address of said property is Chevalier Avenue, Baldwin Park, CA The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: Chase Fidler Engineering Assistant Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Signature Place of Execution STAFF REPORT TO: FROM: DATE: SUBJECT: ITEM NO. Honorable Mayor and Members of the City Council Sam Gutierrez, Director of Public Works ?� April 3, 2019 Accept Plans and Specifications and Award of Bid for City Project No. 2018-0272 — Morgan Park Improvements, CIP Nos 19-62 & 19-107 SUMMARY This item will accept the plans and specifications and authorize the award of contract for City Project No. 2018-0272 - Morgan Park Improvements to C.W.S. Systems, Inc. of Pasadena, CA. This project is listed in the current Fiscal Year 18-19 Capital Improvement Program (CIP #19-62 and CIP #19- 107). The Project consist of widening of the existing sidewalk along the perimeter of the park, replacing existing playground flooring with rubberized surfacing and installation of a shade canopy structure, landscaping, irrigation, and security cameras. RECOMMENDATION It is recommended that the City Council: 1. Approve and award the contract to CWS Systems, Inc. of Pasadena, CA in the amount of $329,500; and, 2. Authorize the Mayor and City Clerk to execute the contract for Morgan Park Improvements, Project; and, 3. Authorize the Director of Finance to appropriate $12,450 from Measure M Fund #255 and to make the appropriate budget adjustments. FISCAL IMPACT The approval of this item will not impact the General Fund. The project is funded by grant funds from the California Natural Resources Agency (CNRA) and an appropriation from Measure M funds as follows: BACKGROUND On September 20, 2017 the City Council approved Resolution No. 2017-201 accepting a local assistance allocation grant to the City of Baldwin Park approved by the Legislature and Governor of the State of Californa in June 2017. The grant funds, administered by the CNRA's General Fund Specified Grants Projects were designated for enhancemtents of open space for recreational and accecibility improvements to Morgan Park and Walnut Creek Nature Park. On September 5, 2018 the City Council approved the FY 2018-19 Capital Improvement Program (CIP) Budget which added the projects onto the City's CIP. On July 18, 2018 the City Council approved a Professional Services Agreement (PSA) with Restoration Design Group, Inc. (RDG) for design services for the Walnut Creek Nature Park, Phase III project. The PSA also included conceptual design for improvemtents to Morgan Park. Utilizing the conceptual plans provided by RDG, staff developed plans and specifactions in-house. DISCUSSION The improvements at Morgan Park include widening of the sidewalk along the perimeter of the park including upgrading curb ramps to current ADA standards, replacing existing playground flooring with resilient rubberized surfacing, installing a shade structure to provide shade over the fitness zone, restoration of landscaping and irrigation and installation of two security cameras. The City did not receive any bids by the scheduled time at the initial bid opening held on March 11, 2019. As a result, staff quickly moved to re -bid the project. The re -bidding process allowed for an additional two weeks for interested contractors to prepare and submit their bid. On March 21, 2019, a total of two (2) bids were received and opened publicly. The bids were checked for errors and were determined to be responsive. The apparent lowest bid was from C.W.S. Systems, Inc. of Pasadena, CA in the amount of $329,500. The following is a summary of bids received. Staff has checked and verified references and recommends that the City Council move forward with the award of contract to C.W.S. Inc. If awarded, the construction work is estimated to start in early April 2019 and be completed by June 2019. ENVIRONMENTAL REVIEW The Morgan Park Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Class 1, Existing Facilities; All improvements and repairs are within the boundaries of the existing park area. ALTERNATIVES 1. The City Council may choose not to award a construction contract, reject all bids and re -bid the project. This action is not recommended as re -bidding the project will delay the work which may leave the City at risk of losing the grant funds. 2. Provide Staff with alternate direction. LEGAL REVIEW Not Required. ATTACHMENTS None. STAFF REPORT ITEM NO. ?_ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: April 3, 2019 SUBJECT: Approval of Design -Build Contract with Merge Conceptual Design, LLC. for Professional Services for an Art in Public Space Project, Including Artwork, Design, Fabrication and Installation of Signs, Structures and Digital Displays SUMMARY This report seeks City Council consideration for approval of a Design -Build Agreement with Merge Conceptual Design, LLC. to complete the design, fabrication and installation of the Public Art Project, including signs and a digital marquee display. RECOMMENDATION Staff recommends City Council to authorize the Mayor to execute a Design -Build Agreement with Merge Conceptual Design, LLC. to complete the design, fabrication and installation the Public Art Project, including signs and digital marquee display in the amount not -to -exceed $616,360. FISCAL IMPACT The approval of this action will have no impact on the City's General Fund. This project is funded through the Public Art Fees and Measure R Local Return Funds. The funds available for the project and the estimated cost for services are as follows: Public Art Fees — Fund #236-50-520-58110-15725 $550,000 Measure R Local Return — Fund #254-50-520-58110-15725 $114,860 Total Available Funds $664,860 Public Art Advisory Contract $20,000 Estimated Administration/ Inspection Contract $28,500 Design, fabrication and installation of the public art and digital marquee $616,360 Total Available Funds $644,860 BACKGROUND/ DUSCUSSION The goal of the project is to create at least one (1), but no more than three (3), distinctive Public Art features at site-specific locations within the City. The artwork will identify the City by reflecting the community's early days and expressing the City's current modern-day character. The project will include unique artwork and incorporate a digital marquee display to create a visual representation of the Baldwin Park community while offering respect to its heritage. The project will also complement the new landscape median improvements and hardscape that were recently installed. In September 2018, the City released an advisory seeking professional services for Public Art Consulting and project management. A committee comprised of Planning and Public Works staff, received, reviewed and evaluated proposals based on the design firm's qualifications and experience. Each firm presented staffing plans, work plans, perceived project levels, and experience with similar projects. After completion of the evaluation process the committee selected Barker and Associates as the highest rated proposer and executed a Consulting Services Agreement with the firm. Subsequently, Barker and Associates introduced Merge Conceptual Design, LLC. (MCD) to the committee as the proposed public artists for the project. After meeting with MCD, the selection committee determined that they would be a good fit for the project. MCD offered innovative ideas for public art work design elements and identified with the City's long and rich history. DUSCUSSION The City will work with the Public Art Consultant and MCD to develop concept plans, line of site studies, renderings, maintenance requirements, and other descriptive materials as deemed necessary by the Public Works Director and submit and present selected concepts for recommendation to City Council. The artwork will be inspired by local community artist and follow the direction and recommendations from the City Council. In coordination with the City, MCD will hold community input meetings and make presentations to City Council to demonstrate the progress and direction of the work. Subsequent to completion of the design, plans and specifications, MCD will commence construction and installation of the art piece. For this work, a design -build method of contracting is recommended due to the intricate nature of the work. Design -build contracting can systematically reduce the project schedules by allowing early fabrication to begin while design --on other components may continue. Approval of this report will allow MCD to commence the project using this process. As the designer, MCD will be the most knowledgeable in dealing with the challenges of construction and installation of the artwork. Also, MCD will be most equipped when dealing with construction changes as this process will eliminate the need for Requests for Information (RFI's) for clarification of ambiguities a third -party might discover in the design plans. Given the time constraints, the design -build process will help expedite construction. Project design is anticipated to begin in April 2019 and project completion is anticipated for January 2020. ENVIRONMENTAL REVIEW The subject Public Art Signs and Digital Marquee Display Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. ALTERNATIVES 1 The City Council may choose not to enter into a Design -Build Agreement with Merge Conceptual Design, LLC. and direct staff to circulate a Request for Proposal (RFP) for services. This option will delay the overall project schedule. 2. Provide Staff with alternate direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Design- Build Agreement with Merge Conceptual Design, LLC. Attachment 1 Design -Build Agreement with Merge Conceptual Design, LLC merge conceptual design LLC Design — Build Agreement Page 1 of 6 DESIGN BUILD AGREEMENT THIS AGREEMENT is made and entered into this 3'd day of April, 2019 by and between the City of Baldwin Park, ("City"), and merge conceptual design, LLC ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A" (the "Services") 2. COMPENSATION. City shall pay Consultant for the Services pursuant to the terms of this Agreement and the schedule and milestones set forth in Exhibit B at a not -to - exceed compensation amount of $616,360.00. 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices and pursuant to the schedule set forth in Exhibit B. In the event that Consultant's performance of Services is delayed for any reason, City may elect to extend this Agreement on a month-to- month basis. Unless otherwise agreed by the Parties, such extensions shall not entitle Consultant to any further compensation. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. However, the City acknowledges and agrees that any services provided by Consultant will be unique to Consultant and City will not take Consultant's work product or any portion thereof to be completed, fabricated, installed, or otherwise used in any way without specific written permission from Consultant. merge conceptual design LLC Design — Build Agreement Page 2 of 6 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. However, City shall inform Consultant of any specific rules or permitting requirements that may impact Consultant's services or delivery of work product. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance merge conceptual design LLC Design — Build Agreement Page 3 of 6 maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement, but specifically excludes any and all intellectual property rights to these documents and other material. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re- use by City shall be at the sole risk of City and without liability to Consultant. Any reuse by City shall be for informational purposes only and cannot be used to create or provide any of the Services listed in Exhibit A 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. merge conceptual design LLC Design — Build Agreement Page 4 of 6 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed and expenditures made in the course of rendering Services by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a writtenamendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT merge conceptual design LLC 1618 Ocean Park Blvd Santa Monica, CA 90405 (310) 581 5343 (B) City of Baldwin Park Att.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 merge conceptual design LLC Design — Build Agreement Page 5 of 6 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "22" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: merge conceptual design LLC Digitally signed by Claudia Peisenberger DN: cn=Claudia Reisenber r, o, ou, By: email=reisenowski@earth r1 c=US Date: 2019.03.21 10:50 -07'00' Printed Name: Claudia Reisenberger Title: member, LLC Dated: March 21St 2019 ATTEST: By: Jean M. Ayala, City Clerk Dated: Approved as to form: By: Robert Tafoya, City Attorney Dated: merge conceptual design LLC Design — Build Agreement EXHIBIT A SCOPE OF SERVICES 6of6 EXHIBIT A SCOPE OF SERVICES Subject to the terms and conditions of the Consultant Agreement (the "Agreement") to which this Exhibit A is attached, and the Schedule and Milestones set forth in Exhibit B also attached to the Agreement and incorporated by reference, City, in collaboration with public art consultant Barker & Associates Public Art Advisory (the "Public Art Consultant"), wishes to commission merge conceptual design, LLC ( the "Consultant") to design, fabricate and install or cause its agents to fabricate and install one but no more than three public art features (the "Artwork") for installation within the city's public right of way (the "Sites") identified by the City Council. Consultant agrees to meet with Art Consultant, and City staff as necessary and/or specifically set forth in Exhibit B, throughout all stages of the project. 1. ARTWORK. The goal of the Artwork is to create a gateway and marker(s) for the City, conveying the unique identity of the City to visitors and residents alike. The Artwork will include the following elements: a. A decorative / public art component that conveys and represents the City's identity; b. Lettering that identifies the "City of Baldwin Park"; and A digital display that will be used to convey city messages to passersby. The content of the digital display will be generated and continuously updated by the City. C. Consultant agrees that Artwork design is to be coordinated with City of Baldwin Park Downtown Improvement Project and First and Last Mile Project (together the "Streetscape Improvements Project"), with the goal of the Artwork and Streetscape Improvements Project to complement each other aesthetically. Consultant is not responsible for the design of elements of the Streetscape Improvements Project separate from the Artwork. Consultant will be available via phone, email and in up to five in-person meetings for coordination with City and/or any representatives, agents or contractors working on behalf of the City for the Streetscape Improvement project team. Number of meetings related to the development of the Artwork is not limited, and Consultant will be available to meet as necessary as part of this Scope of Services. 2. CONSULTANT'S COMPENSATION AND EXPENSES. The overall project budget of $616,360 will cover all aspects of the Artwork as described in this Scope of Services, including design, fabrication, and installation, as well as meetings with City representatives as needed to accomplish the Artwork. Consultant is responsible to deliver finished Artwork not exceeding the overall project budget. a. Compensation. City will pay Consultant the total amount of not to exceed six hundred sixteen thousand three hundred sixty Dollars ($616,360.00) (the "Contract Amount") pursuant to Exhibit B. This Contract Amount will cover all costs associated with the Design, Fabrication and Installation of the Artwork as described in detail in this Scope of Services. b. Payment Procedure. Payment as set forth under this Agreement will be made payable to "merge conceptual design LLC" and will be remitted by check to the Consultant. Consultant agrees to stay current with Consultant's obligations to subcontractors and shall provide lien waivers or equivalent confirmations that subcontractors have been appropriately paid out of the funds paid to Consultant within appropriate time limits and as applicable by law. All invoices should be detailed enough that someone not familiar with this Agreement could reasonably determine the basis for the invoice charges. All invoices received by the end of the month shall be paid no later than the end of following month. In the event that Consultant does not stay current with Consultant's obligations to subcontractors and/or cannot produce lien waivers or equivalent confirmations, City will not be obligated to pay Consultant's invoice. C. Payment Retention. As reflected in the payment schedule set forth in Exhibit B, five percent (5%) of the construction budget will be withheld as a retained amount to be paid 30 days after recording of Notice of Completion by the City. 3. SITE. In coordination with the City Council, City Staff and the Public Art Consultant, Consultant will gain an understanding of the goals for several sites under consideration and will establish team consensus of potential siting possibilities for the Artwork and a corresponding division of the overall budget among several Sites. Upon determination of the potential sites, City will provide Consultant with the available as -built street improvements plan as well as any base drawings available for the specific areas at the potential sites where the Artwork may be installed. City will provide contacts to all utility companies to verify utility locations, but it will be the responsibility of Consultant to contact the companies to obtain all records of utility locations. Thereafter, City and Consultant shall meet to assess the information and mutually determine the most suitable potential locations for foundations for the Artwork. Consultant will hire a contractor to do "pot -holing" at the potential sites to confirm suitability for construction of foundations for the Artwork. After confirming the viability of the sites (the "Sites"), but before beginning any digging, Consultant or Consultant's contractor will call Underground Service Alert of Southern California (811) to provide further information (if any) and final verification regarding location of utilities in order to minimize the potential for any damage to utilities. In the event that Consultant encounters any unanticipated issues at the Sites despite adhering to the aforementioned protocol, Consultant will work with City to resolve such issues by either moving the utilities or by moving the location of the foundations to another location at the Site or to an entirely new Site (also selected pursuant to the steps set forth herein). Any cost necessitated from the remedy of unanticipated issues as described above will be borne by the City. 4. SCHEMATIC DESIGN. Upon execution of the Agreement and receipt of payment pursuant to Exhibit B, Consultant shall develop a schematic design proposal (the "Schematic Design") as follows: a. Community Outreach. Consultant agrees that an important aspect of this project is community involvement: the Artwork should be sensitive to community and user needs, while demonstrating a commitment to design integrity and functionality. Thematic and aesthetic development should be responsive to the interests, concerns, and values identified in the public input process. As possibilities present themselves throughout the design process, Consultant may wish to subcontract with local Consultants or artisans for various aspects of the design or fabrication of the Artwork. In such case, Consultant will gain approval by City prior to subcontracting. In order to allow Consultant to develop a relevant schematic design, City / City Staff will identify a core group of stake holders to be included in the design process (Working Group), including representatives from the City as well as community representatives (i.e. people with particular local knowledge, neighborhood associations, etc.). Consultant, with the help of City / City Staff, will organize working group meetings as reasonably needed as well as one open public meeting in order to introduce the project to the general public and solicit input. Consultant will follow up with additional community outreach and research as indicated in these meetings. b. Schematic Design. Pursuant to community outreach and Site selection, Consultant will create Schematic Design based on the limitations and opportunities of the Sites and project budget. The Schematic Design documents shall include, but may not be necessarily limited to, Site plans, perspective sketches and/or renderings, and general descriptive views and elevations including proposed materials and fixtures. Consultant shall determine space and location requirements with pertinent engineers/consultants as required, and shall review Schematic Design with sub -consultants as necessary. Consultant shall prepare an estimate of probable construction cost based on all available data. The Schematic Design shall be sufficient to communicate ideas to a non-technical audience, such as members of the public, City boards and commissions. Following review by City, Working Group, and City staff, Consultant shall 2 document any revisions to the Schematic Design and present optional design features and variations. Consultant will present revised Schematic Design at an open community meeting to the general public and provide a format for public feedback. Consultant will present revised Schematic Design to City for approval. 5. DESIGN DEVELOPMENT. Following approval of the Schematic Design by City, and relevant commissions, the Consultant shall develop the design documents (the "Design"). As Design develops, the Consultant shall be responsible for conferring with and obtaining preliminary review from regulatory agencies such as Public Works Department, City Council, Planning Commission. Consultant will meet with staff as required and shall make presentations to City commissions/boards as reasonably needed. The Design may include initial proposals, design concepts, drawings and models or other appropriate plans and renditions of Consultant's Design. a. Compliance. Consultant shall revise Design as required for code compliance. The Design shall take into consideration and incorporate all pertinent material guidelines, and maintenance and safety criteria; all State and Federal requirements, including but not limited to codes and regulations referenced and provided by the City, the Americans with Disabilities Act ("ADA"), the Uniform Federal Accessibility Standards as published in the Federal Register, and the rules governing national, state and local historic sites. b. Approval. Upon completion of Design, Consultant will work with Art Consultant to submit Design to City for approval. City shall review the Design and give approval or disapproval of the Artwork within ten (10) business days, or longer if mutually agreed, following receipt of the Design. If City approves the Design, the Design will be attached to this Agreement as Exhibit C and incorporated herein by reference, City shall make the payment as indicated in Exhibit B and Consultant shall proceed with Fabrication Plans. If City disapproves the Design as submitted, City shall indicate the nature and reason(s) for the disapproval in writing to Consultant within ten (10) business days, -or longer if mutually agreed. Upon receipt of the notification of City's disapproval, Consultant shall have ten (10) business days, or longer if mutually agreed, to address City's reasons for disapproval and resubmit the Design. City shall then have another ten (10) business days, or longer if mutually agreed, to review the resubmitted design. If City approves the Design, City shall make the payment as indicated in Exhibit B and Consultant shall proceed to Fabrication. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. If City disapproves the Design as resubmitted, City and Consultant shall meet to discuss whether further redesign will cure City's concerns and if so, a reasonable time frame within which to accomplish the cure. If no cure is accomplished, City may terminate this Agreement with no further obligation to Consultant. In the event of termination, all intellectual property regarding the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 6. CONSTRUCTION DOCUMENTS. Upon approval of the Design by City and all administrative bodies, the Consultant shall provide City with Construction Documents for the Design that comply with all City standards, including final drawings (Site plan, construction plan and details, engineering plans/calculations, etc.) and specifications. Consultant will ensure that subcontractors provide Construction Documents that include all City standards and forms including requirement for bonds that contractor needs to have (attached as Exhibit D). Consultant shall prepare a final itemized cost estimate, and determine alternates if applicable. Construction Documents shall include all details pertaining to the fabrication and execution of the Design for the Artwork as well as the necessary specifications for Installation at the Site ("Site Specifications"), including structural design and traffic control design. a. Engineering. Consultant is responsible for obtaining appropriate engineering services from licensed professionals as necessary for proper Fabrication and Installation of the 3 structural and sculptural components of the Artwork, including a California licensed structural engineer and a California licensed traffic engineer. The engineering work shall be performed by qualified engineers and/or other design professionals who are licensed and insured in the State of California, and in a manner consistent with applicable standards of professional skill, care and diligence. Further, Consultant will consult with a lighting consultant to assist with design and specifications for lighting preferences. b. Miscalculations. Any miscalculations in the Plans that are due to the Consultant receiving inaccurate drawings or other documents from City or City's agents may cause delay in the fabrication, construction, delivery and/or installation of the Artwork and the City will bear the cost, if any, of correcting such miscalculations. Any miscalculations that are due to error of the Consultant or her subcontractors may cause delay in preparation of the Site and/or installation of the Artwork and Consultant will bear the cost, if any, of correcting such miscalculations. c. Materials. Materials chosen for the Artwork should take into consideration pertinent requirements and City's desire that the Artwork be easily maintained and durable. The materials selected should be as resistant as possible to environmental elements that may hasten deterioration. Materials selected have to be presented to Public Works Director for approval and comply with relevant codes. d. Approval. Upon completion of the Construction Documents, Consultant will work with Art Consultant to submit the Plans to City for approval. City shall review the Construction Documents and give approval or disapproval of the same within ten (10) business days, or longer if mutually agreed, following receipt of the Construction Documents. If City approves the Construction Documents, City shall make the payment as indicated in Exhibit B and Consultant shall proceed with Fabrication. Upon approval of the Construction Documents, that portion of the Construction Documents pertaining to the Fabrication of the Artwork shall be added to and hereby incorporated into the Design specifications set out in Exhibit C to this Agreement. That portion of the Construction Documents pertaining to preparation of the Site and Installation shall be added to this Agreement as Exhibit D and incorporated by this reference. If City disapproves the Construction Documents as submitted, City shall indicate the nature and reason(s) for the disapproval in writing to Consultant within ten (10) business days, or longer if mutually agreed. Upon receipt of the notification of City's disapproval, Consultant shall have ten (10) business days, or longer if mutually agreed, to address City's reasons for disapproval and resubmit the Construction Documents. City shall then have another ten (10) business days, or longer if mutually agreed, to review the resubmitted Construction Documents. If City approves the Construction Documents, City shall make the payment as indicated in Exhibit B and Consultant shall proceed to Fabrication. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. If City disapproves the Construction Documents as resubmitted, City and Consultant shall meet to discuss whether further work will cure City's concerns and if so, a reasonable time frame within which to accomplish the cure. In the event of termination, all intellectual property regarding the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 7. FABRICATION. Upon approval of the Design and Construction Documents and receipt of payment pursuant to Exhibit B, the approved Design and Construction Documents shall be attached to this Agreement as Exhibit C and thereby incorporated into this Agreement. Consultant shall proceed with the fabrication of the Artwork ("Fabrication"), in substantial conformity with the Design and Construction Documents approved by City as set forth in Exhibit C. a. Access for Review. Art Consultant, as City's representative, will be given access to the Artwork during reasonable business hours at Consultant's or fabricator's studio and / or fabrication facility in order to review the Artwork and Consultant's or fabricator's progress with fabrication of the Artwork. Alternatively, City and/or Art Consultant may request 4 photographic documentation of Consultant's progress to verify each stage that triggers payment pursuant to the schedule set out in Exhibit A. b. Notification of Completion. Consultant will notify City in writing pursuant to the terms of the Agreement when the Artwork is completed and ready for delivery and installation. Upon receipt of notice, City will have ten (10) business days, or longer if mutually agreed, to -inspect the Artwork for conformity with the Design and structural requirements and to give approval or disapproval of the Artwork. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. C. Approval. If City gives approval, and such approval shall not be unreasonably withheld, Consultant shall receive payment pursuant to Exhibit B and will proceed with delivery and installation of the Artwork. If City disapproves the Artwork, City shall provide Consultant written notice of such disapproval within ten (10) business days, or longer if mutually agreed, Consultant shall have ten (10) business days, or longer if mutually agreed, to address City's reasons for rejection of the fabricated Artwork. City shall then have another ten (10) business days, or longer if mutually agreed, to review the Artwork. If City approves the Artwork, City shall make the payment as indicated in Exhibit B and Consultant shall proceed with delivery and installation. If approval or disapproval by City takes longer than 10 days, performance schedule (Exhibit B) will be revised accordingly. If City again disapproves the Artwork as fabricated, the parties agree to work together in good faith to resolve the situation and reach a mutually agreeable solution. If the parties are unable to agree on a solution, either party may choose to terminate this Agreement. Consultant shall retain the fabricated work and may at her sole option elect to destroy or resell the Artwork. All intellectual property associated with the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 8. CHANGES. Changes that do not affect the artistic integrity of the Artwork may occur or be requested at any time during the course of this Agreement. Minor changes in form, shape, materials and color may be made at the discretion of Consultant for the refinement of the Design of the Artwork. Any major change, including but not limited to a change in the scope, design, color, size or material of the Artwork, which affects cost, installation, site preparation maintenance and concept as represented in the Design ("Significant Change"), by either Consultant or as requested by City must be requested in writing and approved by the other party in writing. a. If Consultant wishes to make a Significant Change to the Artwork Consultant will notify City of the Significant Change in writing at the address provided in the Agreement. City will provide a written response within ten (10) calendar days, or longer if mutually agreed. If response by City takes longer than ten days, performance schedule (Exhibit B) will be revised accordingly. b. If City accepts Consultant's request for Significant Change, City's written indication of acceptance should include a complete statement of the scope of the accepted changes and any applicable changes to costs. C. If the City requests a Significant Change, Consultant shall provide City a written response within ten (10) business days, or longer if mutually agreed, as to whether Consultant feels the requested Significant Change is appropriate, and if so, the feasibility and cost associated with such requested Significant Change. City will then have ten (10) business days, or longer if mutually agreed, within which to approve or disapprove the terms of implementing such Significant Change. If approval / disapproval by City takes longer than ten days, performance schedule (Exhibit B) will be revised accordingly. d. If City rejects Consultant's terms for implementing the requested Significant Change, the parties agree to work together in good faith to resolve their lack of agreement and reach a mutually agreeable solution. If the parties are unable to agree on a solution, either party may choose to terminate this Agreement. Consultant shall retain the 5 fabricated work and may at her sole option elect to destroy or resell the Artwork. All intellectual property associated with the Design remains with Consultant and City may not use Consultant's Design or any derivative thereof. 9. DELIVERY. Upon completion of Fabrication, after conferring with Art Consultant to confirm that Site is ready for delivery, and as long as all Exhibit B payments are current, Consultant or Consultant's agent(s) will pack, crate, insure, transport and deliver the sculptural components of the Artwork to the Site in conformance with the delivery schedule set forth in Exhibit B. a. Visual Inspection_ Upon Delivery of the Artwork to the Site, unless otherwise agreed by the parties, City will have a reasonable opportunity to visually inspect the Artwork for defects prior to installation. Upon determining that (i) the Artwork is in conformance with the specifications set forth in Exhibit C and (ii) Consultant is in substantial compliance with the other terms of this Agreement which City has not waived, City will allow the Artwork to be installed and make the payment due pursuant to Exhibit B. If, within 5 business days from the day of Delivery, City has not raised any objections to the Artwork as delivered, the Artwork will be deemed ready for installation. In the event that City notifies Consultant within 5 business days that the Artwork is defective and/or does not conform in some way to the terms as set forth in this Agreement, Consultant will have a reasonable opportunity to cure any defects. b. Delay. In the event that City is not ready for Delivery to the Site due to any reason beyond the control of Consultant, and wishes Delivery to the Site be delayed, City will be responsible for providing appropriate storage or paying the actual cost of storing the Artwork, if any, and any associated cost of storing the Artwork until such time as the City is ready for Delivery to the Site, including demobilization and remobilization costs. 10. SITE PREPARATION AND INSTALLATION. According to Construction Documents approved by City, Consultant shall subcontract for the preparations of the foundations on Site with a contractor that meets the City's requirements as conveyed to Consultant. Consultant will contract for the installation of the Artwork in accordance with the schedule and specifications for Installation as attached hereto in Exhibits B and C and incorporated into this Agreement. Consultant agrees to perform all on site preparation and installation work according to the State of California's Prevailing Wage Rules, and agrees to require all of Consultant's subcontractors involved in on-site preparation and installation to abide to the State of California's Prevailing Wage Rules. a. Permits. Consultant will collaborate with the City's Public Works Director to obtain all permits necessary for the Installation of the Artwork. A "No fee" permit will be issued by the City to a qualified contractor. b. Site Preparation and Access. Consultant will be responsible for all expenses, labor, and equipment necessary to prepare the Site for Installation, including but not limited to the foundation for the Artwork, as detailed in Exhibit C. Consultant and their designated assistants will have free access to the Site at all times during the Installation. Consultant will be responsible for inspecting the Site prior to Installation to verify that the Site has been properly prepared to receive the Artwork. Consultant is responsible for maintaining a clean Site during Installation and will ensure that the Site is cleaned up upon the completion of Installation. Consultant will supervise street closure and traffic management if this proves necessary for preparation of Site or Installation of Artwork. In the event that street closure is necessary, Consultant will abide by all City rules and policies regarding scheduling and timing of such closures so as to avoid any undue burden on traffic movement. C. Delay. In the event that City wishes to delay Installation for any reason beyond the Consultant's control, City will be responsible for the actual cost of storing the Artwork and any associated cost of storing the Artwork until such time as the City is ready for Installation. Artwork shall not be stored on site. In the event Consultant wishes to delay 0 Installation for any reason, Consultant will be responsible for any necessary storage of the Artwork and resulting costs. d. Installation. As soon as reasonably possible after City has had an opportunity to inspect and accept the delivered Artwork, Consultant or Consultant's agents will install the Artwork in conformance with the specifications set forth in Exhibit C attached hereto and incorporated into this Agreement. City will be responsible for any necessary street closure or other measures to secure the site during installation at no cost to the Consultant. 11. FINAL APPROVAL AND ACCEPTANCE. Upon completion of Installation, unless otherwise agreed by the parties, City will have a reasonable opportunity to inspect the Artwork for defects prior to acceptance. Upon determining that (i) the Artwork is in conformance with the specifications detailed in this Agreement and all pertinent Exhibits; and (ii) Consultant is in substantial compliance with the other terms of this Agreement which City has not waived, City will accept the Artwork ("Final Acceptance") and make the final payment pursuant to the terms set forth Exhibit B. If, within ten (10) business days from the day installation is complete, City has not raised any objections to the Artwork as installed, the Artwork will be deemed accepted. In the event that City notifies Consultant within ten (10) business days that the Artwork or the Installation is defective and/or does not conform in some way to the terms as set forth in this Agreement, Consultant will have a reasonable opportunity to cure any defects. 12. MAINTENANCE MANUAL. Within ten (10) business days of Final Acceptance of the Artwork, Consultant will provide City with written instructions for appropriate maintenance and preservation of the Artwork (the "Maintenance Manual"). City will maintain the Artwork pursuant to the maintenance, repair and restoration terms set out in this Agreement. 13. REPRESENTATIONS AND WARRANTIES. a. Consultant's Warranties. Consultant warrants that: i. Consultant is the sole author of the Artwork and that Consultant is the sole owner of any and all copyrights pertaining to the Artwork or has obtained the appropriate permissions and licenses to incorporate the works of others. ii. The Artwork is an original creation and the result of the artistic efforts of Consultant and that it will be installed free of any liens, claims or other encumbrances of any type. Further, Consultant has not knowingly infringed upon any copyright or trademark. iii. The Artwork is unique and an edition of one (1) and that Consultant will not execute or authorize another party to execute another work of the same or substantially similar design and dimension as the artwork commissioned pursuant to this Agreement. Consultant may create works that use or incorporate various individual art elements that comprise the Artwork, so long as the work using or incorporating such elements (1) does not consist predominantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. iv. The Artwork is fabricated in materials for which the durability has been communicated to City. Where possible, permanent, non -fugitive materials that will not tend to degrade or fade over the life of the Artwork have been used; V. The Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within the first (1) year of Installation, Consultant will remedy any defects at Consultant's expense. Any inherent defects in the materials or Artwork that are specifically identified in the Design and approved by City are not warranted. vi. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of 7 public display taking into consideration foreseeable exposure to the elements and general wear and tear. Consultant shall not be responsible for deterioration of the Artwork materials due to failure of City to properly maintain according to the Maintenance Manual. vii. To the extent the Artwork incorporates products covered by a manufacturer's warranty, Consultant shall provide copies of such warranties to City. 14. INTELLECTUAL PROPERTY OWNERSHIP. a. General. Except as provided in this Agreement, Consultant retains all copyrights and other intellectual property interests in the Artwork and in the Design, drawings, sketches, prototypes and other materials for the Artwork. Consultant may place a copyright notice on the Artwork and may, at Consultant's option, register the copyright with the Library of Congress. b. Reproductions. Consultant hereby grants to City the non-exclusive right to make, and to authorize the making of, photographs and other two-dimensional reproductions of the artwork for any City -related purposes, including, but not limited to educational, advertising, marketing, public relations, promotion, any documentation of City's art collection or other noncommercial purposes in print or electronic media. This license includes the ability to use colors, fonts, and other graphic or design elements drawn from the Artwork or created in collaboration with the Consultant to coordinate branding and way -finding efforts undertaken by the City for projects throughout the City. This license does not include the right to create three- dimensional works or to reproduce the Artwork for merchandising purposes. Any rights to reproduce the work three -dimensionally or to merchandise the Artwork must be established pursuant to a separate agreement with the Consultant. 15. CREDITS. a. Label. A label, provided by Consultant at Consultant's expense, identifying Consultant, the title of the Artwork and the year it was completed, will be publicly displayed in the area adjacent to the Artwork on a plaque of reasonable dimensions. b. Consultant's Credit. City agrees that unless Consultant requests to the contrary in writing, all references to the Artwork and all reproductions of the Artwork will credit the Artwork to Consultant. C. City's Credit. Consultant agrees that all formal references to the Artwork will include the following credit line: "From the collection of "Baldwin Park". 16. MAINTENANCE REPAIR AND RESTORATION City will be responsible for the routine inspection and maintenance of the Artwork in accordance with the Maintenance Manual. City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Artwork will be made. It is the policy of City to consult with Consultant regarding repairs and restorations undertaken during Consultant's lifetime when practicable. In the event the City wishes to have Consultant personally undertake or supervise repairs, City agrees to pay Consultant a reasonable fee for such supervision to be negotiated at the time. In the event that City makes repairs or restoration not approved by Consultant, Consultant shall have the right, at Consultant's sole option, to have Consultant's association with the Artwork severed. All repairs and restorations, no matter who performs them, shall be made in accordance with professionally recognized principles of conservation and in accordance with the Maintenance Manual. 17. MODIFICATION. DESTRUCTION OR REMOVAL OF ARTWORK. a. City shall notify Consultant in writing of any proposed significant alteration of the Site that would affect the intended character and appearance of the Artwork including removal or relocation of the Artwork that might result in the Artwork being destroyed, distorted or modified. The City shall make a good faith effort to consult with the Consultant in the planning and execution of any such alteration. The City shall make a reasonable effort to maintain the integrity of the Artwork. If the Artwork cannot be successfully removed or relocated as determined by the City, the Consultant may disavow the Artwork or have the Artwork returned to the Consultant at the Consultant's expense. b. The Artwork may be removed or relocated or destroyed by the City should the Consultant and the City not reach mutual agreement on the removal or relocation of the Artwork after a period not to exceed ninety (90) days after written notice to the Consultant. During the ninety (90) day period, the Parties shall engage in good faith negotiations concerning the Artwork's removal or relocation. C. In the event of changes in building codes or zoning laws or regulations that cause the Artwork to be in conflict with such codes, laws or regulations, the City may authorize the removal or relocation of the Artwork without the Consultant's permission. In the alternative, the City may commission the Consultant by a separate agreement to make any necessary changes to the Artwork to render it in compliance with such codes, laws or regulations. d. If the City reasonably determines that the Artwork presents imminent harm or hazard to the public, other than as a result of the City's failure to maintain the Artwork as required under this Agreement, the City may authorize the removal of the Artwork without the prior approval of the Consultant. e. City shall have the right to donate or sell the Artwork at any time. Before exercising this right, City, by written notice to Consultant at Consultant's last known address, agrees to give Consultant the opportunity to purchase the Artwork for the greater of the Contract Amount or the amount of any offer which City has received for the purchase of the Artwork, plus all costs associated with the removal of the Artwork from the Site, clean-up of the Site and delivery to Consultant. Consultant shall have thirty (30) days from the date of City's notice to exercise the option to purchase the Artwork. f. This clause is intended to replace and substitute for the rights of the Consultant under the Visual Consultants' Rights Act ("VARA") and, if applicable, the California Art Preservation Act (CAPA), to the extent that any portion of this Agreement is in direct conflict with VARA and/or CAPA rights. The parties acknowledge that this Agreement supersedes that law to the extent that this Agreement is in direct conflict with VARA and/or CAPA. 18. TRANSFER OF TITLE Ownership of the Artwork, as defined by this Agreement, will pass to City upon Final Acceptance of the Artwork, and receipt by Consultant of final payment as set out in Exhibit B. 19. RISK OF LOSS. Consultant bears the risk of loss or damage to the Artwork for any loss or damage to the Artwork that results from Consultant's or Consultant's agents' actions, until Final Acceptance following Installation at which time the risk of damage to or loss of the Artwork passes to City. City bears the risk of loss or damage to the Artwork for any loss or damage to the Artwork once the Artwork is installed on the Site and/or under the control of City and such damage to or loss of the Artwork results from the actions of anyone other than the Consultant or Consultant's agents. 6 EXHIBIT B PERFORMANCE AND PAYMENT SCHEDULE EXHIBIT B PERFORMANCE AND PAYMENT SCHEDULE The Consultant shall provide services in accordance with the following schedule unless otherwise notified by the City: Completion of Schematic Design approval of contract, whichever is later) Completion of Design Development approval of schematic design, whichever is later) Presentation of Constructions Documents approval of design development, whichever is later) June 3`d, 2019 (or 2 months from August 13th, 2019 (or 2 months from October 23`d, 2019 (or 2 months from Fabrication and Installation Schedule TBD pending Design, estimated time line of Fabrication and Installation: about 10 months after approval of Construction Documents (end of August 2020) Payment Schedule is as follows: Total project budget: $616,360 Consultant Design Fee is 20% of overall project budget: $123,272 Budget available for all other aspects of the project ("Construction Budget"): $493,088 • Retainer at Contract Signing to begin site research, community outreach and develop schematic design (15% of Consultant Design Fee) Approval of Schematic Design (15% of Consultant Design Fee) Schematic Design per Scope of Services, including but not limited to: summary of community outreach and research, site plans, perspective sketches and/or renderings, general descriptive views and elevations including proposed materials and fixtures, estimate of probable construction cost, presentation to City officials and general community in a format that can communicate ideas to a non-technical audience. Approval of Design Development (10% of Consultant Design Fee) Design Development per Scope of Services, including but not limited to: Site plan, design concepts, drawings and models or other appropriate plans and renditions of Consultant's Design, pertinent material guidelines, maintenance and safety criteria, preliminary engineering data, estimate of construction costs, presentations to City officials and general community in a format that can communicate ideas to a non- technical audience. 10 $ 18,490.80 $ 18,490.80 $ 12,327.20 Approval of Construction Documents (10% of Consultant Design Fee): $ 12,327.20 Construction Documents per Scope of Services, including but not limited to: site plan, construction plans and details, engineering plans/calculations, traffic control design, specifications for fabrication and installation, and final itemized cost estimate, presentations to City officials as deemed necessary by City. • Start of fabrication of artwork (50% of Construction Budget + 10% of Consultant Design Fee) $ 258,871.20 Start of Fabrication as evidenced by sub -contracting agreement with fabricators to be approved by City. • Completion of 50% of fabrication of artwork (25% of Construction Budget + 15% of Consultant Design Fee) $ 141,762.80 50% of Fabrication as evidenced by photo documentation and/or visit to fabricator by City representative. • Completion of Fabrication (15% of Construction Budget + 15% of Consultant Design Fee) $ 92,454.00 Completion of Fabrication as evidenced by photo documentation and/or visit to fabricator by City representative. • Completion of Installation of Artwork, Final Acceptance (5% of Construction Budget + 10% of Consultant Design Fee) $ 36,981.60 Final Acceptance by City representative. • Notice of Completion $ 24 654.40 (5% of Construction Budget) 30 days after Notice of Completion is recorded with LA County by City. 11 EXHIBIT C FINAL APPROVED DESIGN 12 ITEM NO. D TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Work DATE: April 3, 2019 SUBJECT: Accept Plans and Specifications and Authorize Publishing of a Notice Inviting Bids for CIP 19-19 Citywide Sidewalk and Concrete Improvements Project SUMMARY This item will authorize the publishing of a Notice Inviting Bids for Citywide Sidewalk Improvements. This project is listed in the Fiscal Year 2018/2019 Capital Improvement Program (CIP 19-19). The project will provide sidewalk and miscellaneous concrete improvements to various locations citywide. In addition to sidewalk, the improvements in some areas will include removal and replacement of cross - gutters, curbs, gutters, spandrels, approaches, or access ramps in order to meet grades for ADA compliance. RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Citywide Sidewalk Improvements; and, 2. Authorize Staff to advertise a Notice Inviting Bids. FISCAL IMPACT There is no impact the general fund at this time. The following table lists the funds available for the project which is listed in FY 2018-19 #CIP19-037. In the event that bids exceed the total available funds, staff will determine an appropriation and make a recommendation for funding in the award of contract staff report. BACKGROUND In effort to maintain existing infrastructure and provide safe facilities for pedestrians, the City of Baldwin Park repairs concrete sidewalks, curbs, gutters, and access ramps damaged from extensive wear, sub - grade settlement, or shoving of tree roots. This work performed on an annual basis, as budget allows, in an effort to continually replace or upgrade infrastructure that no longer meets current standards. On September 5, 2018 City Council approved the CIP Budget for FY 2018-19 which included appropriations from Gas Tax and Bicycle and Pedestrian Safety (TDA) funds to complete the annual Citywide Sidewalk Improvements Project. In November 2018 Staff was tasked with compiling a list of priority locations to be repaired and/or upgraded as part of the Fiscal Year 2018-19 Capital Improvement Program (CIP 19-19). DISCUSSION This project will furnish concrete improvements to various locations citywide. The majority of improvements will consist of removing and replacing concrete sidewalk; and at some locations, removing and replacing cross -gutters, curbs, gutters, spandrels, approaches, or access ramps. Other work may include pruning tree roots and replacing small asphalt concrete sections. Related work includes traffic control and all appurtenant work. ENVIRONMENTAL REVIEW The subject Sidewalk Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW Not Required ATTACHMENTS 1. Notice Inviting Bids 2. Proposed Locations Attachment 1 Notice of Inviting Bids SectionA NOTICE INVITING SEALED BIDS City Project NO. CIP 19-19 Citywide Sidewalk Improvements Project PUBLIC NOTICE IS HEREBY GIVEN thatthe City of Baldwin Park invites sealed bids forthe above -stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park, California 91706, until 10:00 A.M., Tuesday, April 23.2019 at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Project Description — The general nature of work consists of furnishing all labor, material, equipment, services, and incidentals required for concrete construction improvements. Concrete improvements include constructing cross -gutters, approaches, and curb and gutter. There are little asphalt improvements that include removing and replacing asphalt sections. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Proposal. The descriptions of bid items are defined in the Technical Provisions of the Specifications. Proposals—Bids shall be sealed and plainly marked "Sealed Bid for BID NO. 2018-0267." Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders. The forms required to complete a bid package are found in Section "C" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement define the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans, Specifications, Documents — Specifications and proposal forms may be obtained at the Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626) 960-4011 on and after January 24, 2019 Monday through Thursday between the hours of 7:30 A.M. and 6:00 P.M. A $35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional $10.00 is added to the fee, if mailed. Alternatively, electronic versions of the specifications and proposal forms can be obtained on the City's website by clicking on "Bid Portal" under the "Public Works" tab. The project QuestCDN eBidDoc #. Bid Security — Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (10%) of the amount bid. Such guaranty to be forfeited to the City of Baldwin Park should the bidder to whom the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (60) days after the opening date. A-1 City Business License, Contractors License and Permit — Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall possess a valid Class A California Contractor's Licenseor other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right- of -way, issued at no fee for the project. Prevailing Wages — In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination madeby the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work after April 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the Work pursuant to labor Code Section 1725.5. Compliance Monitoring and Enforcement — Contractor's performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Equivalent Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. Advertising Dates: SAN GABRIEL VALLEY EXAMINER: Thursday, April 11, 2019 Thursday, April 18, 2019 A-2 Attachment 2 Proposed Locations City of Baldwin Park City Project No. 2019-0000 CIP No. 19-19 Address/Location Improvement Unit Quantity 14302 Merced Avenue Sidewalk Sq. Ft. 48 13455 Dalewood Street Catch Basin EA 1 3343 Maine Avenue Sidewalk Sq. Ft. 116 3451 Maine Avenue Sidewalk Sq. Ft. 52 3538 Maine Avenue Sidewalk Sq. Ft. 76 3654 Maine Avenue Sidewalk Sq. Ft. 48 C&G LF 25 3718 Maine Avenue Sidewalk Sq. Ft. 88 3728 Maine Avenue Sidewalk Sq. Ft. 72 3827 Maine Avenue Sidewalk Sq. Ft. 75 3888 Maine Avenue Sidewalk Sq. Ft. 70 4050 Sterling Way Sidewalk Sq. Ft. 150 4032 Ste rl i ng Way Sidewalk Sq. Ft. 375 C&G LF 29 Driveway Sq. Ft. 225 Ramona Blvd and Lozano Dr. Curb Ramp EA 3000 13155 Fairgrove Avenue Sidewalk Sq. Ft. 96 3405 Athol Street Sidewalk Sq. Ft. 125 3400 Athol Street Sidewalk Sq. Ft. 120 C&G LF 40 Approach Sq. Ft. 60 3728 Athol Street Sidewalk Sq. Ft. 96 13925 Susquehanna Avenue Sidewalk Sq. Ft. 44 4109 Bresee Avenue C&G LF 24 Asphalt Section Sq. Ft. 312 13728 Kenmore Avenue Sidewalk Sq. Ft. 64 C&G LF 60 1100 Baldwin Park Blvd Sidewalk Sq. Ft. 100 NW Ramona Blvd W of Foster Ave 6" Concrete Pad JSq. Ft. 1336 ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk 'ak DATE: April 3, 2019 SUBJECT: Second Reading of Ordinance No. 1438 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter Into a Development Agreement with Rukli, Inc. for the Distribution of Cannabis at the Real Property Located at 4150 Puente Avenue (APN: 8437-014-014 and 8437-022-008) within the City of Baldwin Park" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1438, which authorizes the City of Baldwin Park to enter into a development agreement with Rukli, Inc. for distribution of cannabis at the Real Property located at 4150 Puente Avenue within the city. Ordinance No. 1438 was introduced for first reading during a regular meeting of the City Council on March 20, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 1438, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RUKLI, INC. FOR THE DISTRIBUTION OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN: 8437-014-014 and 8437-022-008) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1438 was introduced for first reading during a regular meeting of the City Council held on March 20, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1438 Attachment A Ordinance No. 1438 ORDINANCE 1438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RUKLI, INC. FOR THE DISTRIBUTION OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN: 8437-014-014 and 8437- 022-008) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Development Agreement with the City of Baldwin Park will be required; and WHEREAS, RUKLI, Inc. also intends to and is, by virtue of this Development Agreement, granted a manufacturing license in order to repackage product for cultivators and manufacturers based on the Development Agreement; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on February 27, 2019, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on March 20, 2019; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5; and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on March 20, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 18-01 through DA 18-15) will not have a significant impact of the environment and are Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities'. Furthermore each of the locations is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because both of the locations of the cannabis distribution business are located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I -C, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. The distribution facility is the hub of all RUKLI Activity and as such security is this highest priority. RUKLI, Inc. intends to utilize the best available SOP's and technologies to minimize security risks, thereby minimizing any potential for negative impacts upon the surrounding area and Citywide. Both interior and exterior security will be provided, including video surveillance, sensor cables, and motion detection. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff reports dated June 13 and June 20, 2018) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 20th day of March, 2019, and adopted and ordered published at a regular meeting of said Council on the 3rd day of April, 2019. PASSED, APPROVED, AND ADOPTED this 3rd day of April, 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on March 20, 2019. Thereafter, said Ordinance No. 1438 was duly approved and adopted at a regular meeting of the City Council on April 3, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND RUKLI, INC. ARTICLE 1. PARTIES AND DATE. This is a Government Code Amended Statutory Development Agreement ("STATUTORY AGREEMENT") and is dated February _, 2019 for references purposes only and is Case No. 18-03 and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) RUKLI, Inc., a California Corporation ("Owner"). This Agreement shall become effective on the Effective Date defined in Section 3.1.9 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, the City and Rukli, Inc. previously entered into a statutory municipal Development Agreement; and 2.2 WHEREAS, the previous municipal Development Agreement was promulgated by or through the Government Code and did contain necessary elements for a Statutory Government Code Development Agreement; and 2.3 WHEREAS, this amended Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Development Agreement under and through Government Code Section 65864, et seq.; and 2.4 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding statutory development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.5 WHEREAS, Owner commenced its efforts to' obtain approvals and clearances to be the only distributor allowed to obtain a City of Baldwin Park permit to distribute and transport medical and adult use cannabis in September 2017; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.6 WHEREAS, Owner voluntarily enters into this STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and 2.7 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map as of the Agreement Date; and 2.8 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.9 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or the Property, ensure progressive installation of necessary Improvements, and provide for public services appropriate to the development of the Project; and 2.10 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the Implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this STATUTORY AGREEMENT; and 2.11 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.12 WHEREAS, Owner intends to develop a Cannabis Distribution and Manufacturing Facility pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.13 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to be the only business to obtain distribution and transportation permits issued by the City of Baldwin Park to distribute cannabis and cannabis related products. Owner also intends to and is, by virtue of this agreement, granted a manufacturing license in order to repackage productfor cultivators and manufacturers based on this amended agreement. Nothing in this STATUTORY AGREEMENT is intended to limit the manufacturing license granted herein; and 2.14 WHEREAS, City is entering into development agreements with owners for permits for cultivation and manufacturing of cannabis in the City of Baldwin Park. Multiple cultivation/manufacturing permits have thus far been authorized and City prohibits the sale of cannabis within the City of Baldwin Park so the cannabis must be transported to and sold in cities where it is legal to do so. Owner shall be the exclusive distributor and transporterfor the cultivation/manufacturing permit holders within the City of Baldwin Park -2- and City shall condition the cultivation/manufacturing permits on Owner being the exclusive distributor. ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used In this STATUTORY AGREEMENT shall be defined as follows: 3.1.1 "Agreement" means this Development Agreement pursuant to Government Code Section 65864 et seq. corporation. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 INTENTIONALLY BLANK 3.1.5 Development In the event that the property does not have a building and needs to be developed the building currently on site will be further developed, then "Development" Includes grading, construction or installation of public and private faculties and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof, provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" means all permits, licenses, and/or other entitlements for the Development of the Property, Including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. 3.1.7 Development Approvals specifically include this STATUTORY AGREEMENT. "Development Approvals" also include both the Existing Development Approvals, It any, and the Subsequent Development Approvals, if any, approved or issued by the City that are consistent with this STATUTORY AGREEMENT. 3.1.8 "Development Plan" means the Existing Development Approvals, if any, and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals,, if any. 3.1.9 "BPMC" means the City of Baldwin Park Municipal Code. 3.1.10 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted signed by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee. -3- 3.1.11 "Existing Development Approvals" If any, it means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals, if any, include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.12 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.13 "Land Use Regulations" means all ordinances, resolutions and codes adopted by the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.14 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.15 "Owner" means RUKLI, Inc. a California S Corporation. 3.1.16 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.17 "Project" means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans If any, the application, any and all entitlements, licenses, and permits related to the Project. 3.1.18 "Property" means the real property described in Owner's application and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City's written approval and all applicable zoning and distance requirements. 3.1.20.1 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. -4- 3.1.19 "Reservations of Authority means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. 3.1.20 "Subsequent Development Approvals" If any, it means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals, if any occur, Include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.21 "Space" If applicable, shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.1.22 Subsequent Land Use Regulations" means, any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents are attached to and, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property. No. 2 — Map showing Property and its location. No. 3 — Application. 3.3 Binding Effect of STATUTORY AGREEMENT. The Permit, and/or Project and/or Property is hereby made subject expressly to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals, if any, relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this STATUTORY AGREEMENT, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. -5- 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number 8437- 014-014 and 8437-022-008 and is more particularly described in the application and document "No. 1" in Section 3.2 and incorporated herein. 3.5 Term. The initial term of this STATUTORY AGREEMENT shall be for twenty (20) years commencing as of the Effective Date. 3.6 Automatic Termination. This STATUTORY AGREEMENT shall automatically terminate upon the occurrence of any of the following events: (i) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude a cannabis operation on the subject Property, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (ii) A change in State law prohibiting the business permitted such as cultivation, manufacturing or distribution of cannabis products. (iii) Failure to pay any fees due the City. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements approved for the Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this STATUTORY AGREEMENT which has occurred. prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or -s- (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Sharone "Shaun" Bershatski 569 S. Williams Road. Palm Springs, CA 92264 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City, negotiated with Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's costs to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals, if any, required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications -7- applicable to development of the Property shall be the Development Plan and/or application. Provided, however, that in approving tentative subdivision maps, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable. The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this STATUTORY AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are In force and effect on a general basis at such time as said approvals, permits, review, Inspection or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and -8- (v) Regulations that do not conflict with the Development Pian. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this STATUTORY AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (A) The City shall not be prohibited from applying Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) year from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. -9- 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property, City may do so at any time with no prior notice to Owner. ARTICLE 5. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 The parties acknowledge and agree that the public's need for mitigation and Owner's obligation only commences when the cultivation/manufacturing permit holders commence their operations. Without the commencement of operations by the cultivation/manufacturing permit holders, Owner has nothing to distribute and nothing on which to assess fees. 5.3 For the first year, Owner will pay the City a maximum flat fee in the amount of $220,000 as a Fee. The Fee shall be prorated based on the actual number of the number of licensees that are actually operational and authorized cultivation/manufacturing permit holders. For example, assuming Rukii is distributing for the 19 permit holders, then if only half the permit holders have commenced cultivation/manufacturing, the Fee will be one half or $110,000. 5.4 In year two and year three, Owner shall pay to the City a Fee of $275,000. The proration as set forth in 5.3 shall apply. 5.5 At the beginning of year four and for year five, Owner will pay the City a Fee of $330,000 for years four and five. The proration as set forth in 5.3 shall apply. 5.6 Starting in year four, the Fee shall be increased annually based on increases in the Consumer'Prlce Index. 5.7 The Fee schedule Is as follows: the first payment for each year is due for each year on or before July 1 of each year the permit is valid. The second payment for each year the permit is valid is due on or before December 31, 2018. In all subsequent years, the Fee payments are due on the same month and day of each respective year while the permit is valid. 5.8 Further, Owner will pay a yearly payment of $50,000 to the City that can be used to pay a part of a police officer's salary and/or benefits. This $50,000 amount will be due at the time the permit is issued. Subsequent annual payments will be due on the permit issuance anniversary date. -10- 5.9 Jobs and Wage Creation. 5.9.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 30 vercent of the Proleeft workforce shall consist of residents of the City. In addition owner will adhere to the labor standards agreed upon with the United Food and Commercial Workers, (UFCW) Local 1428 related Labor Peace Agreement i.e.: industry prevailing wages, along with recognized labor friendly health and welfare concessions. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised In at least two newspapers published, printed or distributed In the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs, on local radio and through public agencies and organizations. 5.10 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. As such, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above and reimbursing the City for its actual costs incurred in drafting and processing this STATUTORY AGREEMENT. Owner will be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this STATUTORY AGREEMENT. ARTICLE 6. [RESERVED) ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, In order to ascertain Ownees good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council may automatically -11- terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (1) this STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate Is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY AGREEMENT and does not waive any further reviews identified in Sections 7.1 — 7.3. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable In damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this STATUTORY AGREEMENT, the party alleging such default or breach shall give the other party not less than thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any .12- state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or Interest conveyed or provided under, with, or pursuant to this STATUTORY AGREEMENT, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: (1) Except as provided in Section 8.1, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Ownerfor such efforts; -13- the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of STATUTORY AGREEMENT for Default of Owner or the City. Either Party may terminate this STATUTORY AGREEMENT only in the event of a default in the performance of a material term of this STATUTORY AGREEMENT and only after providing written notice to the Party of default setting forth the nature of the default and the actions, If any, required by the Party to cure such default and, where the default can be cured, the Party has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 8.4 Attorneys' Fees and Costs. In any action or proceeding between the City and Owner brought to interpret or enforce this STATUTORY AGREEMENT, or which in any way arises out of the existence of this STATUTORY AGREEMENT or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this STATUTORY AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.4 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding, 8.5 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including but not limited to money or fees received by the City hereunder. One example of a material default by Owner would be the failure to timely pay the Mitigation fee or any other payment or fee required by the City under this STATUTORY AGREEMENT or by virtue of any BPMC. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with Its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Pian, which failure to perform or inability to develop Is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY -14- AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that any STATUTORY AGREEMENT or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date. 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, Including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all liabilities, demands, claims, actions, lawsuits, government claims or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (f) this STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, if any, mitigated negative declaration, if any, or negative declaration, if any, as the case may be, prepared in connection with the development of the Project or Property; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any party including but not limited to a third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding and Owner shall pay all of City's legal fees for a lawyer of its choosing. Notwithstanding the above, the City, at is sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall at its sole discretion be permitted to select special counsel to defend the City, and Owner shall pay all costs related to retention of such counsel. However, the hourly fee of any special counsel selected by the City may not be over $450.00 per hour. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, -15- subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 INTENTIONALLY BLANK 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer In order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and the City expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this STATUTORY AGREEMENT absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. The City will respond to all Public Records Act requests as required by state law and nothing in this -16- paragraph prevents the City from fulfilling its duties under state law regarding Public Records Act requests. 9.8 Survival. The provisions of Sections 9.1 through 9.7 Inclusive, shall survive the termination or expiration of this STATUTORY AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this STATUTORY AGREEMENT and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this STATUTORY AGREEMENT, provided, further, that any modifications of this STATUTORY AGREEMENT are subject to the provisions of Section 10.5. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY AGREEMENT, provided, however, City at its option may rely on statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the -17- City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with tate laws of the State of California. This STATUTORY AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this STATUTORY AGREEMENT, I!M all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in -18- this Section and Article 7. Such unforeseen events ("Force Majeure") shall mean war, insurrection, acts of God, local, state or national emergencies, third party litigation, strikes and other labor difficulties beyond the party's control, any litigation filed by a third party, any Action initiated by the Federal Government or State Government, or any default by the City hereunder, which Force Majeure event substantially interferes with the development or construction of the Project. 11.10 In the case of a Force Majeure event, any and all time periods referred to In this STATUTORY AGREEMENT shall be extended for a period equal to any delay to the Project caused by any such Force Majeure event; provided, however, that no such time period shall be extended beyond a cumulative total of five (5) years. Extensions of time, when granted, will be based upon the effect of delays on the Project. They will not be granted for: (1) delays of three days or less or (2) for delays due to Owner's inability to obtain financing with respect to the Development of the Project. Owner shall in writing promptly notify Chief Executive Officer upon learning of any such Force Majeure event. The Chief Executive Officer or his or her designee shall ascertain the facts and the extent of the delay and his findings thereon shall be included in Owner's annual monitoring report unless Owner disputes the findings and requests that the period of delay be heard and determined as a part of the annual review process. 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Successors in Interest. The permit may not be transferred or sold without City Council approval. The permit may only be transferred to a family member if the current owner(s) are unable to operate the business because of mental incompetence or physical incapacity. The burdens of this STATUTORY AGREEMENT shall be binding upon, and the benefits of this STATUTORY AGREEMENT shall inure to, all successors In interest to the parties to this STATUTORY AGREEMENT. The burdens of the STATUTORY AGREEMENT shall be binding upon, and the benefits of the STATUTORY AGREEMENT shall inure to all successors in interest to the parties to this STATUTORY AGREEMENT. 11.13 Counterparts. This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.14 Jurisdiction and Venue. Any action at law or In equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this STATUTORY AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. -19- 11.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY AGREEMENT. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.17 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.18 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this STATUTORY AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.19 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each deliver to City on execution of this STATUTORY AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT -20- on its behalf. Each individual executing this STATUTORY AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this STATUTORY AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.20 Nexus/Reasonable Relationship Challenges. Owner consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. 11.21 This STATUTORY AGREEMENT when signed and executed by Owner and the Mayor of Baldwin Park supercedes and renders null and void that certain non - statutory municipal Development Agreement executed on or about December 29, 2017. 11.22 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11.23 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.24 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it -21- receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.25 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By:. Manuel Lozano, Mayor ATTEST: By. Joan M. Ayala, City Clerk APPROVED AS TO FORM: By: Robert N. Tafoya, City Attorney -22- RUKLI, INC. By President APPROVED AS TO FORM: By: Legal Counsel for RUKLI, INC. ITEM NO. /0 STAFF REPORT TO: Honorable Mayor and Members of the City Council ..1HUB OF A T 1E FROM: Lourdes Morales, Chief Deputy City Clerk ( SAN G%18RIEL wAILEY"' DATE: April 3, 2019 y� h A4DJAWJ SUBJECT: Second Reading of Ordinance No.1435 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Development Agreement with Tier One Consulting for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 1516 Virginia Avenue (APN 8558-029-031) within the City of Baldwin Park" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1435, which authorized the City of Baldwin Park to Enter into a Development Agreement with Tier One Cornsulting for cultivation and/or manufacturing of cannabis. Ordinance No. 1435 was introduced for first reading during a regular meeting of the City Council on January 16, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 1435, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TIER ONE CONSULTING FOR THE CULTIVATION AND/OR MANUFACTURING _ OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1516 VIRGINIA AVENUE (APN 8558-029-031) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1435 was introduced for first reading during a regular meeting of the City Council held on January 16, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1:.) Attachment "A" - Ordinance No. 1435 Attachment A Ordinance No. 1435 ORDINANCE 1435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TIER ONE CONSULTING FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1516 VIRGINIA AVENUE (APN 8558-029-031) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Development Agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on January 9, 2019, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on January 16, 2019; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5.; and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on January 16, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 18-20) will not have a significant impact of the environment and are Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities' or Class 32, 'In -fill Development Projects'. Furthermore each of the locations is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because both of the locations of the cannabis distribution business are located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I -C, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Security measures for'the facility include, alarms, video surveillance, and a comprehensive employee training program. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff report dated January 16, 2019) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 16th day of January, 2019, and adopted and ordered published at a regular meeting of said Council on the 3rd day of April, 2019. PASSED, APPROVED, AND ADOPTED this 3rd day of April, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on January 16, 2019. Thereafter, said Ordinance No. 1435 was duly approved and adopted at a regular meeting of the City Council on April 3, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: April 3, 2019 SUBJECT: Second Reading of Ordinance No. 1439 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Establishing a Community Choice Aggregation Program Pursuant to the Public Utilities Code" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1439, which establishes a Community Choice Aggregation Program pursuant to the Public Utilities Code. Ordinance No. 1439 was introduced during a regular meeting of the City Council on March, 20, 2019. RECOMMENDATION Staff recommends that the City Council read, by title only, and adopt Ordinance No. 1439, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1439 was introduced during a regular meeting of the City Council held on March 20, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1439 STAFF REPORT SUMMARY ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development DATE: April 3, 2019 SUBJECT: Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan This report requests the City Council to consider the funding allocations for the FY 2019-2020 CDBG Public Services programs to be included in the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) FY 2019-2020 Annual Action Plan RECOMMENDATION Staff recommends the City Council approve the allocations for the FY 2019-2020 CDBG public service programs by selecting one of the following options: OPTION 1: Approve funding as recommended; or OPTION 2 Revise allocations as the City Council deems appropriate FISCAL IMPACT The exact amount of CDBG and HOME funds the City of Baldwin Park will receive is still unknown at this time since funding allocations from the Department of Housing and Urban Development (HUD) have still not been approved. For budgeting purposes, the proposed FY 2019-20 Budget considered in this report will use last year's allocation amounts ($999,611 for CDBG and $322,031 for HOME). As with previous years, it is important to note possible reductions in City's annual CDBG and HOME allocations from HUD as well as the recurring Section 108 Loan annual payment (FY 2019-20 debt service payment is $460,738). BACKGROUND At their regular meeting on March 20, 2019, the City Council held the public hearing at which time public service applicants gave brief presentations regarding their agency and the services offered. The City . Council then continued to item to April 3, 2019. Pursuant to Housing and Urban Development (HUD) regulations, the City prepared its five-year strategy designed to address the housing and community needs of extremely low, low and moderate - income households. The current Five Year Consolidated Plan covers fiscal years 2015-2019. The City must also prepare and submit an Annual Action Plan each year within the five year plan to identify the actual projects implemented and funding allocated to address the needs identified in the Five Year Plan. The final Annual Plan under the Five Year Consolidated Plan, FY 2019-2020 Annual Plan, is due to HUD 60 days after HUD announces the funding allocations.. DISCUSSION Included in the process of preparing its Annual Plans, HUD requires the City to encourage citizen participation by holding community meetings and two public hearings. To ensure compliance with this requirement, several years ago, the City established the CDBG Advisory Committee comprised of the City's Housing Commission and Recreation and Community Services Commission. The CDBG Advisory Committee's function is to review applications for funding and make recommendations to the City Council. Unfortunately, at this time, the CDBG Advisory Committee does not have a quorum due to lack of Commissioners in both the Housing and Recreation and Community Service Commissions. However, staff continued to hold the required community meetings inviting remaining members of the CDBG Advisory Committee, community stakeholders and the public. No comments were received. The first public hearing provided the City Council the opportunity to receive public comments regarding the Annual Plan. It also provided public service applicants the opportunity to make presentations regarding their services and benefits to our residents. Since HUD has not yet announced the FY 2019-2020 Federal CDBG and HOME allocations, the proposed funding in this report considers the same funding level as in FY 2018-2019, which is $999,611 in Community Development Block Grant (CDBG) funds and $322,031 in HOME Investment Partnerships (HOME) entitlement funds. The City is also estimating about $20,000 in HOME projected program income. Of the CDBG amount, up to 15% may be allocated to public service programs, which equates to $149,942. The 15% max to public service programs is not a requirement. Considering the needs of the community, staff's funding recommendation provides slightly less public service funding than the maximum to allow for additional funding to other CDBG eligible programs. The total CDBG and HOME funding available for FY 2019-2020 is estimated as follows: FUNDING RECOMMENDATIONS Although the main focus for this report is to consider funding for public service programs, in order to accurately determine the amount of funding available for these services, the City must also consider and, where applicable, determine funding for each of the following FY 2019-2020 CDBG programs at this time. Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next three years. During the 2005-2006 Program Year, the City utilized a $3 million Section 108 Loan program to support an economic development project that included the Super Walmart Department store and other commercial businesses. The Section 108 Loan project is considered a CDBG economic development project that created employment opportunities to over 320 low -and moderate -income individuals. The Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. In 2015, the City refinanced the Section 108 Loan interest and reduced the annual payment. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with payments fixed as follows. To remain in compliance with its Loan agreement, the City cannot reduce the amount allocated to the Section 108 repayment. Therefore, the City had to reduce the expectations and allocations to other CDBG programs, for now through FY 2021-2022, when the Section 108 Loan will be paid in full. Public Service Programs During FY 2018-2019, the Santa Anita Family Services program providing assistance to the elderly and disabled closed. The City is fortunate to have another agency willing and able to fill that void. YWCA of San Gabriel Valley submitted an application for funding to provide services to the elderly and disabled. In the absence of the CDBG Advisory Committee, Community Development staff prepared funding recommendations for City Council's consideration based on historical success of each program, application submittals, needs of the community and available funding. Again, while the City may allocate a maximum of 15% of its annual allocation to public service programs, there is no regulation to prohibit the City from allocating less than 15%, as was done in FY 2018-2019, and suggested again in Staff's recommendation for FY 2019-2020, as follows: *Indicates City of Baldwin Park Administered Program Program description of each public service application is also attached for your review. (Please see Attachment) Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. Assuming the annual allocation at last year's level, this year's maximum equates to $199,922. Staff understands it is not very feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents with an allocation of only $2,500. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects There are no CDBG funds proposed for Capital Improvement projects. The City will proceed with FY 2019-2020 Capital Improvements projects using other source of funds. Housing Programs Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low-income areas and residents. The City's CDBG Housing programs include homeowner rehabilitation grants offered to the extremely -low to low-income households with a preference to the elderly and disabled. The proposed funding level of $20,000 to the Residential Home Rehabilitation Grant program provides for at least two grants. Also included is the lead testing program, which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the inspections, loan underwriting and all other operating cost of rehabilitation projects, including the annual monitoring of HOME funded development projects such as ROEM Metro Village, TELACU, and the City's CHDO affordable housing projects. The Code Enforcement Department provides for code activities in distress neighborhoods in conjunction with other neighborhood enhance programs. HOME Funds HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2019-2020 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration plus 10% of program income received in previous years. 2) Community Housing Development Organization (CHDO) Program—HUD requires 15% of the annual allocation to implement an eligible CHDO activity; The City currently has two successful partnerships with CHDO organizations for affordable rental projects. Staff continually seeks opportunities for new affordable housing CHDO projects. Under consideration is subsidizing the CHDO HOME funds with remaining Housing Set aside funds for additional acquisition/rehab/multifamily rental affordable housing project. Once a project has been identified, details will be presented to the City Council for final approval. 3) Housing Development — This project is proposed for use in conjunction with a CHDO if possible, but not as a requirement for the development of new affordable housing units. Once a developer is identified, a proposed project will be brought before the City Council for review, direction and approval. 4) Residential Rehabilitation Loan Program — Project provides low-income property owners of owner -occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes. Proposed funding provides for 7 loans. 5) Lead Abatement Grant Program — Required by HUD Regulation for all properties participating in rehabilitation programs. As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however, factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived nor are extensions provided. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the preparation of the subject plans. The draft Plans will be available for public review for the 30 -day comment period at City Hall, 3rd floor and the Esther Snyder Community Center and concluding at the second public hearing before the City Council HOME Administration $ 34,203 CHDO restricted funds includes prior year funds $ 129,396 New Affordable Housing Development Projects $ 682,490 Residential Rehabilitation Loan Program $ 200,000 Lead Abatement Grant Program $ 20,000 Total HOME $1,142,170 As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however, factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived nor are extensions provided. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the preparation of the subject plans. The draft Plans will be available for public review for the 30 -day comment period at City Hall, 3rd floor and the Esther Snyder Community Center and concluding at the second public hearing before the City Council ENVIRONMENTAL IMPACT Although the approval of the funding allocations under the Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, each CDBG and HOME funded project does require an Environmental Review, which will be completed prior to implementation of the program. LEGAL REVIEW Legal review is not required for the approval of this Plan. ALTERNATIVE City Council may direct staff with a desired alternative. ATTACHMENTS 1. Public Service Applications AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND TIER ONE CONSULTING ARTICLE 1. PARTIES AND DATE. This Government Code Amended Statutory Development Agreement ("STATUTORY AGREEMENT") is entered January 9, 2019 for references purposes only and is Case No. 18-20 and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) Tier One Consulting ("Owner"). This STATUTORY AGREEMENT shall become effective on the Effective Date defined in Section 3.1.9 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, this Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Development Agreement under and through Government Code Section 65864 et seq.; and 2.2 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding statutory development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.3 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate and manufacture medical and adult use cannabis in September 2017; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.4 WHEREAS, Owner voluntarily enters into this STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and 2.5 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map and the Baldwin Park Municipal Code as of the Agreement Date; and 2.6 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and -1- 2.7 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.8 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this STATUTORY AGREEMENT; and 2.9 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.10 WHEREAS, Owner intends to develop a Cannabis Manufacturing and Cultivation Facility pursuant to the Baldwin Park Municipal Code ("BPMC') Chapter 127 and all applicable state laws, rules, and regulations; and 2.11 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to cultivate and manufacture cannabis and cannabis related products at its facility or facilities up to 22,000 square feet. 2.12 WHEREAS, the City entered into a Development Agreement with Rukli, Inc. to be the exclusive distributor of cannabis and cannabis related products in the City of Baldwin Park. The City is entering into development agreements with owners for permits for cultivation and manufacturing of cannabis and cannabis related products in the City of Baldwin Park. The City prohibits the sale of cannabis and cannabis related products within the City of Baldwin Park so the cannabis and cannabis related products must be distributed to and sold in cities where it is legal to do so. Rukli, Inc. shall be the exclusive distributor for the cultivation and/or manufacturing permit holders within the City of Baldwin Park and City conditions the cultivation and/or manufacturing permits on Rukli, Inc. being the exclusive distributor for any permit issued by Baldwin Park for cultivation or manufacturing. ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: 3.1.1 "Agreement" means this STATUTORY AGREEMENT pursuant to Government Code Section 65864 et seq. -2- corporation. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security if necessary for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1.5 "Development' If applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" If applicable, means all other entitlements for the Development of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. "Development Approvals" also include both the Existing Development Approvals and the Subsequent Development Approvals approved or issued by the City that are consistent with this STATUTORY AGREEMENT. 3.1.7 "Development Plan" If applicable, means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals. 3.1.8 "BPMC" means the City of Baldwin Park Municipal Code. 3.1.9 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee. 3.1.10 "Existing Development Approvals" If applicable, means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.11 "Existing Land Use Regulations" If and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.12 "Land Use Regulations" If and where applicable means all ordinances, resolutions and codes adopted by the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision -3- requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.14 "Owner" means Tier One Consulting. 3.1.15 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.16 "Project" If applicable means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans, the application, any and all entitlements, licenses, and permits related to the Project. 3.1.17 "Property" means the real property described as APN 8558-029-031 and identified in Section 3.4 and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City approval and all applicable zoning and distance requirements. 3.1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. 3.1.20 "Space or Canopy Space" shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, Irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. -4- 3.1.21 "Subsequent Development Approvals" If applicable, means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Properly at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.22 "Subsequent Land Use Regulations" If applicable means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents are attached to and, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 —Legal Description of the Property. No. 2 — Map showing Property and its location. No. 3 — Application. 3.3 Binding Effect of STATUTORY AGREEMENT. The Property is hereby made subject to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this STATUTORY AGREEMENT, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number of 8558- 029-031 and is more particularly described as 1516 Virginia Avenue, Baldwin Park, California 91706. 3.5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written extension and early termination provisions described in this STATUTORY AGREEMENT. Upon termination of this STATUTORY AGREEMENT, this STATUTORY AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of further documentation from the parties hereto. The STATUTORY AGREEMENT's Fee is subject to renegotiation after the first term, and every five year term thereafter. -5- 3.5.1 Term Extension. This STATUTORY AGREEMENT may only be extended by mutual agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park. If the Mayor of Baldwin Park does not sign the agreement or renegotiated agreement any such agreement is null and void. 3.6 Automatic Termination. This STATUTORY AGREEMENT shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this STATUTORY AGREEMENT as set forth in Section 3.5; (ii) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (iii) Failure to timely pay the Fee or Fees. Failure to timely pay the $50,000 towards the policy salary or benefits. Failure to pay any fees due to the City under this STATUTORY AGREEMENT. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements and permits approved for the Owner and/or the Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or 0 (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Tier One Consulting 1516 Virginia Ave. Baldwin Park, CA 91706 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City, negotiated with Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's cost to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Development Plan and/or -7- application. Provided, however, that in approving tentative subdivision maps, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable. The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this STATUTORY AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and -8- (v) Regulations that do not conflict with the Development Plan. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this STATUTORY AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (vi) The City shall not be prohibited from applying Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) year from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has M3 the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property where the cannabis is being cultivated or manufactured, City may do so at any time with no prior notice to Owner. In addition, City agrees that all of its employees or agents which enter the cultivation, manufacturing, and curing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. ARTICLES. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first year, Owner will pay the City a total of $235,000 as a Fee. This fee is calculated based on $10.00 a square foot of permit space and a permit which allows up to 22,000 sq. feet, among other factors. 5.3 In year two and year three, the Fee will increase to $12.50 per sq. foot for a total of $285,000 per year. 5.4 At the beginning of year four, Owner will pay a Fee of $15.00 per sq. foot for a total of $330,000 per year. In year five, Owner will pay a Fee of $345,000. 5.5 The Fee schedule is as follows: The first Fee payment is due 6 months after this STATUTORY AGREEMENT is signed by the Mayor of Baldwin Park. The second and last payment for the first year is due 6 months after the first payment. For years 2 through 15, the Fee schedule is as follows: divide the total Fee for the respective year into four and make four equal payments due at the end of each quarter. If Owner and City cannot agree to a new Fee or Fees by December 22, 2022, this STATUTORY AGREEMENT will automatically terminate on December 23, 2022. 5.6 The Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new Fee which will be applied in years 6 through 10. At the end of year 10, the City will set new Fee which will be applied in years 11 through 15. No one factor is dispositive in the City's determination of the new Fee. The Cannabis permit will expire at the close of the 15th year and will require the Owner to reapply with the City for a new permit. 5.7 Further, Owner will pay a yearly payment of $55,000 each year to the City that can be used to mitigate the impact of the cannabis business on the City and its resources which includes but is not limited to, to use to pay a part of a police officer's salary and/or benefits. This $55,000 amount will be due at the time the permit is issued. -10- Subsequent annual payments will be due on the permit issuance anniversary date. This payment is due within thirty (30) days of issuance of the permit and thereafter on the anniversary of the issuance of the permit. 5.8 Jobs and Wage Creation. 5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 20 percent of the Projects workforce shall consist of residents of the City. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs and on local radio 5.9 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. As such, upon issuance of its permit, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above and reimbursing the City for its actual costs incurred in drafting and processing this STATUTORY AGREEMENT. Owner will be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this STATUTORY AGREEMENT. ARTICLE S. DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Cannabis. All pick ups and drop offs of cannabis and cannabis products into and out of the City of Baldwin Park shall be by the exclusive distributor, Rukli, Inc., or such other company should Rukli, Inc. no longer hold that right. Owner shall not, on its own or through any person or entity, arrange for pick ups or drop offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by the exclusive distributor. 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through the City's exclusive distributor. Owner shall cooperate fully with the City's exclusive distributor regarding the accounting for product, revenue and tax collection. 6.3 Owner and the City's exclusive distributor shall reach their own agreement regarding fees for the exclusive distributor's services. -11- ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council may automatically terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The Cites failure to conduct a per AGREEMENT. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this .12- STATUTORY AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner if successors in interest are permitted under this STATUTORY AGREEMENT or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this STATUTORY AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this STATUTORY AGREEMENT, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or request for a permit for cultivation, manufacturing and/or distribution or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Owner hereby agrees to waive and/or release the City of Baldwin Park for any claim or claims or cause of action, not specifically and expressly reserved herein, which Owner may have at the time of execution of this STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution, cultivation or manufacturing permit, any application for any distribution, cultivation or manufacturing rights, or any application for any distribution, cultivation or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL CODE SECTION 1542 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and waives and releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not -13- know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." By expressly waiving the rights granted to Owner under California Civil Code Section 1542, the Owner represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the application for or request for any permit from the City of Baldwin Park and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: (i) Except as provided in Section 8.1, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of Agreement for Default of the City Owner may terminate this STATUTORY AGREEMENT only in the event of a default by the City in the performance of a material term of this STATUTORY AGREEMENT and only after providing written -14- notice to the City of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 8.4 Attorneys' Fees and Costs. In any action or proceeding between the City and Owner brought to interpret or enforce this STATUTORY AGREEMENT, or which in any way arises out of the existence of this STATUTORY AGREEMENT or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this STATUTORY AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.4 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 8.5 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the STATUTORY AGREEMENT or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date. 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including -15- death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and defend its agents, officers and employees against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the City and its City Council members may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the City or its City Council, any third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender to Owner and Owner agrees to accept any such tender of the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City may do so in its sole discretion and Owner will be required to pay the defense costs of the City as the costs are incurred. Owner agrees to pay any and all attorney's fees or retainer regarding the selection of counsel, and Owner shall pay all costs and all attorneys' fees related to retention of such counsel. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or -16- proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 The City May Choose its Own Counsel. With respect to Sections 9.1 through 9.4, the City reserves the right to select its own special counsel or otherwise engages special counsel to defend the City hereunder, which fees will be paid by Owner. 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer in order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and the City expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. 9.8 Survival. The provisions of Sections 9.1 through 9.7 inclusive, shall survive the termination or expiration of this STATUTORY AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, -17- from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this STATUTORY AGREEMENT and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this STATUTORY AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit City's rights under this STATUTORY AGREEMENT. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY AGREEMENT, provided, however, City at its option may rely on statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the -18- laws of the State of California. This STATUTORY AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this STATUTORY AGREEMENT, since all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 INTENTIONALLY BLANK 11.10 INTENTIONALLY BLANK 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Counterparts, This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.13 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, -19- construing or determining the validity of any provision of this STATUTORY AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 11.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY AGREEMENT. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.16 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.17 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this STATUTORY AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.18 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their -20- corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each deliver to City on execution of this STATUTORY AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT on its behalf. Each individual executing this STATUTORY AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (I) The individual is authorized to execute and deliver this STATUTORY AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.19 Nexus/Reasonable Relationship Challenges. Owner agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the business on the City and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that the terms in this STATUTORY AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 11.20 [RESERVED] 11.21 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners' partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11.22 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all -21- issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.23 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.24 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govem the conduct of the property under such future regulations. IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By Manuel Lozano, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: Robert N. Tafoya, City Attorney -22- TIER ONE CONSULTING By:. David Ju APPROVED AS TO FORM: By: Legal Counsel for Tier One Consulting ITEM NO. I J TO: Honorable Mayor and Members of the City Council FROM: Mark Hsu, Information Systems Supervisor DATE: April 3, 2019 SUBJECT: Authorize to Enter Into a Lease Agreement for Eight New Copy Machines SUMMARY This item will authorize the Information Systems Supervisor to enter into a lease agreement for eight new Ricoh copy machines with the City Council's approval. The price shown on the attached proposal is under Government Master Contract. A copy of vendor proposal is attached to this report for City Council's review and information. RECOMMENDATION It is recommended that the City Council approve entering into a 60 month Lease Agreement with Ricoh USA for eight new copy machines FISCAL IMPACT There is no fiscal impact. There will be an annual savings of $1,930. BACKGROUND The lease agreements of three copy machines located at ARC, Senior Center and Maintenance Yard will expire in May, 2019 and five copy machines located at Print Shop, Human Resources, Finance, Teen Center and Barnes Park will expire in March, 2020. We have thoroughly reviewed proposals for three different vendors, Ricoh, Sharp, and CBE. Ricoh scored the highest under the criteria for security, functionality and reliability, and as such, has been selected to be our next copier supplier. The new lease agreement will combine all eight copy machines for cost saving and increase productivity. Ricoh will be responsible for remaining 10 payments and storage fee of current machines until returned at end of lease in March, 2020. The new machine provides more features with latest technologies to streamline workflow and its reliability reduces down time. ALTERNATIVES The City Council may choose to direct staff to continue utilizing the existing machines and pay the fee month by month after the current agreement expires. LEGAL REVIEW Not applicable ATTACHMENTS 1. Lease Agreement 2. Proposal for three different master contract quotes Attachment 1 Lease Agreement DocuSign Envelope ID: 31B1F173-27BE-49D1-A739-7D66BAB435B9 Ricoh USA, Inc. 1 H 70 Valley Stream Parkway Malvern, PA 19355 U.S. Communities Product Schedule Product Schedule Number: Master Lease Agreement Number: This U.S. Communities Product Schedule (this "Schedule") is between Ricoh USA, Inc. ("we" or "us") and CITY OF BALDWIN PARK, as customer or lessee ("Customer" or "you"). This Schedule constitutes a "Schedule," "Product Schedule," or "Order Agreement," as applicable, under the U.S. Communities Master Lease Agreement (together with any amendments, attachments and addenda thereto, the "Lease Agreement") identified above, between you and All terms and conditions of the Lease Agreement are incorporated into this Schedule and made a part hereof. If we are not the lessor under the Lease Agreement, then, solely for purposes of this Schedule, we shall be deemed to be the lessor under the Lease Agreement. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Schedules to the Lease Agreement. CUSTOMER INFORMATION CITY OF BALDWIN PARK Robin Morris Customer (Bill To) Billing Contact Name 14403 PACIFIC AVE 14403 PACIFIC AVE Product Location Address Billing Address (ifdifjerentfrom location address) BALDWIN PARK LOS ANGELES CA 91706-4226 BALDWIN PARK LOS CA 91706-4226 ANGELES City County State Zip City County State Zip Billing Contact Telephone Number Billing Contact Facsimile Number Billing Contact E -Mail Address (626)960-4011x136 rmoiris@baldwinpark.com PRODUCT/EOUIPMENT DESCRIPTION ("Product") Qty Product Description: Make& Model Street Address/City/State/Zip 1 RICOH IMC3500 CONFIGURABLE PTO MODEL 14403 PACIFIC AVE BALDWIN PARK CA 91706-4226 US 1 RICOH PROCS200S CONFIGURABLE PTO MODEL 14403 PACIFIC AVE BALDWIN PARK CA 91706-4226 US 1 RICOH MP3055SP AD (ARDF) CONFIGURABLE PTO 14403 PACIFIC AVE, BALDWIN PARK, CA, 91706-4226, US MODEL 1 RICOH MP3055SP AD (ARDF) CONFIGURABLE PTO 4100 BALDWIN PARK BLVD, BALDWIN PARK, CA, 91706-6708, US MODEL 1 RICOH MP3055SP AD (ARDF) CONFIGURABLE PTO 13135 GARVEY AVE, BALDWIN PARK, CA, 91706-4627, US MODEL 1 RICOH MP3055SP AD (ARDF) CONFIGURABLE PTO 14403 PACIFIC AVE, BALDWIN PARK, CA, 91706-4226, US MODEL 1 RICOH MP3055SP AD (ARDF) CONFIGURABLE PTO 15010 BADILLO ST, BALDWIN PARK, CA, 91706-3417, US MODEL 1 RICOH MP3055SP AD (ARDF) CONFIGURABLE PTO 3251 PATRITTI AVE, BALDWIN PARK, CA, 91706-3504, US MODEL PAYMENT SCHEDULE Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment months ithout 74x0 ❑ Monthly ❑ V Payment 10 Quarterly ❑ In & Last Payment 60 $4,596.72 ❑ Other: ❑ Other: Sales Tax Exempt: ❑ YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) attached: ❑ YES (check if yes and indicate total number of pages: ) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. If the Lease Agreement uses the terms "Lease Payment" and "Commencement Date" rather than "Payment" and "Effective Date," then, for purposes of this Schedule, the tern "Payment" shall have the same meaning as "Lease Payment," and the term "Effective Date" shall have the same meaning as "Commencement Date." 2. You, the undersigned Customer, have applied to us to rent the above-described Product for lawful commercial (non -consumer) purposes. THIS IS AN UNCONDITIONAL, NON -CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE, except as otherwise expressly provided in any provision of the Lease Agreement. If we accept this Schedule, you agree to rent the above Product from us, and we agree to rent such Product to you, on all I.,S EADD 11SC:.-.PS 03.13 RicoliX and the Ricoli .Logo are registered trademarks of Ricoh Company, 1.11. Page I of 2 261.42569 3/26;2019 4:18 .PM r= h- DocuSign Envelope ID: 31B1F173-27BE-49D1-A739-7D66BAB435B9 the terns hereof, including the terms and conditions of the Lease Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE LEASE AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE LEASE AGREEMENT. 3. Additional Provisions (if any) are: Per US Communities Contract 4400003732 THE PERSON SIGNING THIS SCHEDULE ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. CUSTOMER By: Authorized Signer Signature Manuel Lozano Printed Name: Mayor Title: Accepted by: RICOH USA, INC. By. pC'K W� X Authorized Signer Signature Printed Name: Dan Walsh Title: VP MD Date: 3-27-19 LSEADD USC -PS 9:1.13 RicoliV and the Ricoh Logo are registered trademarks of Ricoh Company, LU 261.42.569 ,�f-.,-� Page 2 oft /26,•'""201.9 4:18 PM DocuSign Envelope ID: 3lB1F173-27BE-49D1-A739-7D66BAB435B9 Fit -411D • E I ORDER AGREEMENT RFP or Bid Contract Date:2/11/201312:00:00 AM Sales Type: LEASE Check all that apply: ❑ PO Included PO# ❑ PS Service (Subject to and governed by additional Terms and Conditions) ❑ Sales Tax Exempt (Attach Valid Exemption Certificate) ❑ IT Service (Subject to and governed by additional Terms and Conditions) ❑ Syndication ❑ Fixed rate Service ❑ Add to Existing Service Contract # This is an Order made pursuant to the terms and conditions of the above referenced Master Agreement(s) between Customer and Ricoh USA, Inc. The signature below indicates that the customer accepts all terms and conditions of the applicable Master Agreement(s) for this sale, all of which are incorporated herein by reference and made part of this Order. This Order is not valid unless and until signed by and Authorized Signatory of Ricoh USA, Inc. EQUIPMENT BILL TO INFORMATION Customer Legal Name: CITY OF BALDWIN PARK Address Line 1: 14403 PACIFIC AVE Contact: Robin Morris Address Line 2: Phone: (626).960-4011 XI 36 Cl : BALDWIN PARK E-mail: rmorris baidwin ark.com ST/Zip: CA/91706-4226 E-mail: rmorris baldwin ark.com County: LOS Fax: ANGELES Check all that apply: ❑ PO Included PO# ❑ PS Service (Subject to and governed by additional Terms and Conditions) ❑ Sales Tax Exempt (Attach Valid Exemption Certificate) ❑ IT Service (Subject to and governed by additional Terms and Conditions) ❑ Syndication ❑ Fixed rate Service ❑ Add to Existing Service Contract # This is an Order made pursuant to the terms and conditions of the above referenced Master Agreement(s) between Customer and Ricoh USA, Inc. The signature below indicates that the customer accepts all terms and conditions of the applicable Master Agreement(s) for this sale, all of which are incorporated herein by reference and made part of this Order. This Order is not valid unless and until signed by and Authorized Signatory of Ricoh USA, Inc. SHIP TO INFORMATION SERVICE INFORMATION Customer Name SERVICE BILL TO INFORMATION Customer Legal Name: CITY OF BALDWIN PARK Address Line 1: 14403 PACIFIC AVE Contact: Robin Morris Address Line 2: Phone: (626)960-4011 x1l 36 City: BALDWIN PARK E-mail: rmorris baldwin ark.com ST/Zip: CA/91706-4226 County: LOS Fax: ANGELES Service Term Months Base Billing Frequency overage Billing Frequency Service Type 60 Months QUARTERLY QUARTERLY I GOLD SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK Robin Morris (626)960-4011x136 CA191706-4226 rmorris@baldwinpark.com LOS ANGELES PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance BIW Ovg Allowance Color Service Base Level Ov9 QUARTERLY QUARTERLY QUARTERLY RICOH MP3055SP AD 1 GOLD 16000 0.0080 0 0 $104.00 (ARDF) CONFIGURABLE PTO MODEL Page 1 of 4 26142569 3/26/2019 Version#1.1 DocuSign Envelope ID: 31B1F173-27BE-49D1-A739-7D66BAB435B9 SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK Robin Morris (626)960-4011x136 CA/91706-4226 rmords@baldwinpark.com LOS ANGELES PRODUCT INFORMATION Total BIW Total Color Product Description QTY Service Allowance BIW Ovg Allowance Color Service Base Level Ovg QUARTERLY QUARTERLY QUARTERLY RICOH IMC3500 1 GOLD 25000 0.008 0 0.052 $162.50 CONFIGURABLE PTO MODEL SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK Robin Moms (626)960-4011x136 CA/91706-4226 rmorris@baidwinpark.com LOS ANGELES PRODUCT INFORMATION Total BNV Total Color Product Description QTY Service Allowance BIW Ovg Allowance Color Service Base Level Ovg QUARTERLY QUARTERLY QUARTERLY RICOH PR005200S 1 GOLD 150000 0.0066 0 0.0356 $742.50 CONFIGURABLE PTO MODEL SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 STIZip E-mail County Fax CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK Robin Morris (626)960-4011x136 CA191706-4226 rmorris@baldwinpark.com LOS ANGELES PRODUCT INFORMATION Total BM Total Color Product Description QTY Service Allowance BM Ovg Allowance Color Service Base Level Ovg QUARTERLY QUARTERLY QUARTERLY RICOH MP3055SP AD 1 GOLD 8000 0.0Q80 0 0 $52.00 (ARDF) CONFIGURABLE PTO MODEL SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF BALDWIN PARK 15010 BADILLO ST BALDWIN PARK Robin Morris (626)960-4011x136 CA191706-3417 rmorris@baldwinpark.com LOS ANGELES PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance BM Ovg Allowance Color Service Base Level Ovg QUARTERLY QUARTERLY QUARTERLY RICOH MP3055SP AD 1 GOLD 5000 0.0080 0 0 $32.50 ARDF CONFIGURABLE Page 2 of 4 26142569 3/26/2019 Version#1.1 DocuSign Envelope ID: 3lB1F173-27BE-49D1-A739-7D66BAB435B9 SHIP TO INFORMATION BASIC CONNECTIVITY / PS / IT Services Description Customer Name Address Line 1 City Contact Phone TS NETWORK & SCAN CONNECT - SEG 2 Address Line 2 ST/Zip 1 E-mail 1 TS NETWORK & SCAN CONNECT - SEG 2 County TS NETWORK & SCAN CONNECT - SEG 2 Fax CITY OF BALDWIN PARK 3251 PATRITTI AVE BALDWIN PARK Robin Morris (626)960-4011x136 CA/91706-3504 rmorris@baldwinpark.com LOS ANGELES PRODUCT INFORMATION Total BM Total Color Product Description QTY Service Allowance BM Ovg Allowance Color Service Base Level Ovg QUARTERLY QUARTERLY QUARTERLY RICOH MP30558P AD 1 GOLD 1461.53 0.0080 0 0 $9.50 (ARDF) CONFIGURABLE PTO MODEL SHIP TO INFORMATION BASIC CONNECTIVITY / PS / IT Services Description Customer Name Address Line 1 City Contact Phone TS NETWORK & SCAN CONNECT - SEG 2 Address Line 2 ST/Zip 1 E-mail 1 TS NETWORK & SCAN CONNECT - SEG 2 County TS NETWORK & SCAN CONNECT - SEG 2 Fax CITY OF BALDWIN PARK 4100 BALDWIN PARK BLVD BALDWIN PARK Robin Moms (626)960-4011x136 CA/91706-6708 rmorris@baidwinpark.com LOS ANGELES PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance 8/1N Ovg Allowance Color Service Base Level Ovg QUARTERLY QUARTERLY QUARTERLY RICOH MP3055SP AD 1 GOLD 8000 0.0080 0 0 $52.00 (ARDF) CONFIGURABLE PTO MODEL SHIP TO INFORMATION BASIC CONNECTIVITY / PS / IT Services Description Customer Name Address Line 1 City Contact Phone TS NETWORK & SCAN CONNECT - SEG 2 Address Line 2 ST/Zip 1 E-mail 1 TS NETWORK & SCAN CONNECT - SEG 2 County TS NETWORK & SCAN CONNECT - SEG 2 Fax CITY OF BALDWIN PARK 13135 GARVEY AVE BALDWIN PARK Robin Morris (626)960-4011x136 CA/91706-4627 rmonis@baidwinpark.com LOS ANGELES PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance B/W Ovg Allowance Color Service Base Level Ovg QUARTERLY QUARTERLY QUARTERLY RICOH MP3055SP AD 1 GOLD 2500 0.0080 0 0 $16.25 (ARDF) CONFIGURABLE PTO MODEL BASIC CONNECTIVITY / PS / IT SERVICES INFORMATION BASIC CONNECTIVITY / PS / IT Services Description Quantity TS NETWORK & SCAN CONNECT - SEG 2 1 TS NETWORK & SCAN CONNECT - SEG BC3 1 TS NETWORK & SCAN CONNECT - SEG 2 1 TS NETWORK & SCAN CONNECT - SEG 2 1 TS NETWORK & SCAN CONNECT - SEG 2 1 TS NETWORK & SCAN CONNECT - SEG 2 1 TS NETWORK & SCAN CONNECT - SEG 2 1 [OAI PPSE TRAINING - PRO5200 FAMILY W/GW 1 OA PPSE TRAINING - PRO5200 FAMILY - E24B FIERY ADD-ON 1 Page 3 of 4 26142569 3/26/2019 Version#1.1 DocuSign Envelope ID: 31131F173-27BE-49D1-A739-7D66BAB435B9 ORDER TOTALS Service Type Offerings: Product Total: Gold: Includes all supplies and staples. Excludes paper. BASIC CONNECTIVITY / PS / IT Services: Silver: Includes all supplies. Excludes paper and staples. Buyout After Promotions: Bronze: Parts and labor only. Excludes paper, staples and supplies. Grand Total: (Excludes Tax) Additional Provisions: Insert ANY additional provisions here Per US Communities Contract 4400003732 Authorized Signature: Authorized Signature: , , la Printed Name: Manuel Lozano Printed Name: Gv Title: Ma or Title: VP MD Date Date 3-27-19 Initials Page 4 of 4 26142569 3/26/2019 Version#1.1 DocuSign Envelope ID: 31B1F173-27BE-49D1-A739-7D66BAB435B9 --- EQUIPMENT REMOVAL/BUYOUT AUTHORIZATION Customer Name: CITY OF BALDWIN PARK Contact Name: Robin Morris Phone: (626)960-4011x136 Address: 14403 PACIFIC AVE City: BALDWIN PARK State: CA Zip: 91706 Fax/Email: rmorrlsdabaldwinpark.com CANON MULTIPLE MULTIPLE —LEASE #603-0125317 ILEASED This Authorization applies to the equipment Identified above and to the following Removal/Buy Out Option This Authorization will confirm that Customer desires to engage Ricoh USA, Inc. ("Ricoh") to pick-up and remove certain items of equipment that are currently (1) owned by Customer or (ii) leased from Ricoh or other third party (as specified below), and that you intend to Issue written or electronic removal requests (whether such equipment is identlfled in this Authorization, In a purchase order, in a letter or other written form) to Ricoh from time to time for such purpose. Such removal request will set forth the location, make, model and serial number of the equipment to be removed by Ricoh. By signing below, you confirm that, with respect to every removal request issued by Customer (1) Ricoh may rely on the request, (2) the request shall be governed by this Authorization, and (3) Ricoh may accept this Authorization by either its signature or by commencing performance (e.g. equipment removal, initiating Services, etc.). Each party agrees that electronic signatures of the parties on this Authorization will have the same force and effect as manual signature. Notwithstanding the foregoing, the parties acknowledge and agree that Ricoh shall have no obligation to remove, delete, preserve, maintain or otherwise safeguard any information, images or content retained by, in or on any item of equipment serviced by Ricoh, whether through a digital storage device, hard drive or similar electronic medium ("Data Management Services"). If desired, Customer may engage Ricoh to perform such Data Management Services at its then -current rates. Notwithstanding anything in this Authorization to the contrary, (1) Customer Is responsible for ensuring its own compliance with legal requirements pertaining to data retention and protection, (ii) It is the Customers sole responsibility to obtain advice of competent legal counsel as to the identification and interpretation of any relevant laws and regulatory requirements that may affect the customers business or data retention, and any actions required to comply with such laws, (iii) Ricoh does not provide legal advice or represent or warrant that its services or products will guarantee or ensure compliance with any law, regulation or requirement, and (iv) the selection, use and design of any Data Management Services, and any and all decisions arising with respect to the deletion or storage of any data, as well as any loss of data resulting therefrom, shall be the sole responsibility of Customer, and Customer shall indemnify and hold harmless Ricoh and its subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, Judgments or fees (Including reasonable attorneys' fees) (collectively, "Losses") arising therefrom or related thereto. ❑ Equipment Removal (Owned by Customer). In addition to the terms and conditions set forth above, the following terms and conditions shall apply for Customer - owned equipment removals: Customer confirms that (1) Customer has good, valid and marketable title to such equipment and has satisfied all payment and other obligations relating to such equipment which may be owing to any third parry under applicable lease, financing, sale or other agreements, (2) Customer has obtained any and all necessary consents and approvals required to authorize Ricoh to remove such Items of equipment and to take title thereto, and (3) by this Authorization, Customer hereby transfers good and valuable title and ownership to Ricoh to the equipment, free and clear of any and all liens and encumbrances of any nature whatsoever and Customer will cause to be done, executed and delivered all such further instruments of conveyance as may be reasonably requested for the vesting of good title in Ricoh. ❑ Equipment Removal (Leased by Customer). In addition to the terms and conditions set forth above, the following terms and conditions shall apply for equipment removals of equipment leased by Customer: Except for the obligations of Ricoh to pick up and remove the identified equipment, Ricoh does not assume any obligation, payment or otherwise, under any lease agreement, which shall remain Customer's sole responsibility. Ricoh does not assume any obligation, payment or otherwise, under any lease agreement, which shall remain Customer's sole responsibility. As a material condition to the performance by Ricoh, Customer hereby releases Ricoh from, and shall indemnify, defend and hold Ricoh harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of Customer's representations or obligations in this Authorization or of any obligation owing by Customer under Its lease agreement. X Buy Out Terms. Upon execution and delivery by Customer of a sale, lease (and related delivery and acceptance certificate), service and/or other agreement ("Agreement") between Ricoh and/or other third parry, Ricoh agrees to pay to (A) X the customer (and Customer hereby agrees to promptly pay such amount to the below named payee ("Payee"),or (B) ❑ the Payee Indentified below, an amount ("Buy Out Amount") equal to $ 16.743.30 . to pay off an/or reduce Customer's obligations owing under that certain equipment lease agreement 603-0125317 for third party lease company ('Third Parry Lease") between Customer and Payee relating to the equipment identified In the Third Party Lease. Payee Name: CBE Office Solutions Attention To: A/R Address: 4 A MASON City: IRVINE State: CA Zip Code: 92801 ❑ W-9 included X Third -Party Quote or Proof of Buy Out Included Mailing Method: (select one) X Mail Check (regular) ❑ Overnight Check The Buy Out Amount represents the total amount payable by Ricoh for such purpose. Ricoh shall have no obligation, and does not assume any obligation, under the Third Party Lease. Customer acknowledges that Customer is solely responsible to make payments to the Payee under the Third Parry lease, to return the Equipment at the appropriate time to the appropriate location as determined by the Payee, and to fulfill any and all payment and other obligations under the Third Parry Lease. Customer agrees to indemnify and hold Ricoh harmless from any losses, damages, claims, suits and actions (including reasonable attorneys' fees) arising from the breach by Customer of any of its obligations contained in this authorization and/or the Third Parry Lease. CUSTOMER RICON USA, INC. Signature: Signature: P40#%1 /Wj " Name: Name: ran YVa'SII Title: Date: _ 91899v1 Title: VP Mn Date: 3-27-19 Equipment Removal/Buyout Authorization Rev. 09/2016 Attachment 2 Proposal x �,� r ,.. �, r. �MLLim Quarterly Cost Comparison Current Proposed Service $229.38 $229.50 Supplies Lease Included $897.06 Included $779.77 Total $1126.44 $11009.27 MP 3055 X 3 . 1 blended cost per impression rate of $0.0085 BNV * Improved technology * Faster scanning, printing and warm uptimes * Toner, parts and labor included with service * 4 hour response time * @ remote automated toner ordering and meter reading NOTES: * Break/fix services included in the above program, * 60 month FIVIV lease * Savings * US Communities agreement and pricing Reservation of Rights—This quote is based upon the information provided by you, and the assumptions made by us in preparing the information contained herein. While care has been taken to ensure the accuracy of this quote, we make no representations or warranties about the accuracy, completeness or adequacy of the information contained herein, and shall not be liable for any errors or omissions. We recognize your right to negotiate and approve the terms of any resulting contract and we reserve the same right. We also acknowledge that all contract terms and conditions must be mutually agreed upon by both of us. This quote is subject to credit approval and valid for a period of 30 days from the date stated on the cover page. THIS QUOTE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT, NOR SHOULD IT BE CONSTRUED AS, AN OFFER TO SELL/LEASE THE GOODS OR SERVICES LISTED HEREIN. • New recommendations: Lease payment includes delivery, training and installation. Sharp will return Canon machines to leasing company at no additional cost. (6) Brand new Sharp MX -M2630 for the following departments: • Senior Center • Arc • City Yard • HR • Barnes Park • Teen Center 317111111gil 11 21!11 ;1[ Ki Configuration: of scan and print Document feeder Inner finisher 3 drawers IIIII VIII 11 1 1111 1 . # - -16A or !g OW 1001A10141211M MaKe Wfim 11119141ORIAN10I TLY1110CM 0 Both machines are configurated with the following accessories: Copy, scan and print Document feeder Inner finisher 3 drawers PAGE51SHARP BUSINESS SYSTEMS (1) Brand new Sharp 2905 for the print shop (black and white option) Sharp M905 is a monochrome, 90 page per minute production machine. Will replace your current Canon IR8295. Configuration: Copy, scan and print Document feeder 1 00 sheet saddle stitch Large capacity tray Multi by pass and punch unit (1) Brand new Sharp MX8090 for the print shop (color option) Sharp MX8090 is a color, 80 page per minute production machine. Will replace your current Canon IR8295. PAGE61S HAR P BUSINESS SYSTEMS Configuration: Copy, scan and print Document feeder 1 00 -sheet saddle stitch Large capacity tray Multi by pass and punch unit CBE Sharp CBE Sharp new CBE Sharp equipment Equipment payment payment maintenance maintenance details details IR2525 M2630 Lease payment Lease monthly copies monthly copies $76.46 payment included. included. Service $43.20 Overages Overages payment Service billed at billed at $ 375.48 Total payment $0.0089 $0.0048 (tax is $339.49 Total included) (tax is (Consolidating (6) Sharp MX- $1,156.31 and $1,135,90 9,000 BIW 76,000 13fW bothlease M2630 $299M Lease monthly copies monthly copies agreements) (1) Sharp IVIX- for both lease payment included included. (6) Canon M5050 (1131W payments. $364.80 for (3) Canon Overages IR2525 machine for $551.82/$76.46 Service IR2525. billed at (1) Canon finance) for both service payment Overages $0.0048 IR2535i (1) Sharp M905 payments $1,643.27 billed at (1) Canon (BfW machine $2,083.61 Total (tax is $0.0089. IR8295 for print shop) Total included) 67,000 13fW (tax is monthly copies included) included for (3) IR2535i, (1) Overage billed at $0.00767. M2630 Lease monthly copies (1) Sharp IVIX- payment included. M5050 (BfW $364.80 Overages machine for Service billed at finance) (1) Sharp 8090 payment $0.0048 BfW (Color for print $1,735.63 and $0.05 for shop) Total color. (tax is M2630 (1) Sharp Lease monthly copies MX4051 (color payment included. machine for $364.80 Overages Finance) (1) Service billed at Sharp MX905 (BfW machine payment $0.0048 13fW for print shop) $1,661.88 and $0.05 for Total color. (tax is include M2630 (1) Sharp Lease monthly copies MX4051 (color payment included. machine for $364.80 Overages Finance) (1) Service billed at Sharp 8090 (Color machine payment $0.0048 BfW for print shop) $1,754.24 and $0.05 for Total (tax is color. P8GE81GHARP BUSINESS SYSTEMS ElFriT.Ti7l,l -.K*444 ,Canon IR2535 SN#2797 �Canon IR2525 SN#2792 0^0 ilea 11 WWI "m Sharp MX-M2630N ,Sharp MX-M2630N 'Sharp MX-M2630N ,Included Monthly Includes: Del ivery/I Instal lation/Set Up/Professional Training with Customized User Guides NASPO ValuePoint State of California Contract #7-15-70-26 CBE to transfer Contacts into New Devises. CBE to provide Data Memory Wipe Existing Canons. CBE to Fully Close lease on Sharp MX -3116N and ship back. CBE quote includes Property Tax � IIII rljp�111 0 ITEM NO. I TO: Honorable Mayor and Members of the City Council n FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City PlannerA Erika Ramirez, Associate Planner -- DATE: April 3, 2019 !� SUBJECT: A Request to the City Council from the Planning Commission on an Amendment to the Downtown TOD Specific Plan (SP 15-01) to Modify the Southwest Boundary (Location: 14200 Ramona Blvd.; Applicant: Oliver Gabay; Case Number: ASP 19-01) SUMMARY On March 3, 2019 the Planning Division approved a recommendation of approval to the City Council to amend the City of Baldwin Park's Downtown TOD Specific Plan to modify the boundaries of the Specific Plan Area by excluding the property located at 14200 Ramona Blvd (APN: 8553-010-016) for the purpose of allowing a drive-through Starbucks at said property. RECOMMENDATION Staff recommends that the City hold a Public Hearing and adopt Resolution 2019-009 to amend the City of Baldwin Park's Downtown TOD Specific Plan to modify the boundaries of the area by excluding the property located at 14200 Ramona Blvd. FISCAL IMPACT No fiscal impact. CEQA Pursuant to Section 15061 (b)(3) of the California State CEQA Guidelines, the modification to the boundary of the Downtown TOD Specific Plan is exempt from CEQA. ZONING AND LAND USES The subject site within the subject area under consideration is zoned General Commercial (C-2) and has a consistent General Plan Land Use designation of General Commercial. (Reference Attachment #1, Vicinity Map). The subject site is located at 14200 Ramona Boulevard and is mostly rectangular in shape containing approximately 30,631 square feet (0.7 acres) of lot area. The site is improved with a two-story office building totaling approximately 7,080 square feet. The table below identifies the existing land uses that surround the subject property: TABLE #1 SURROUNDING LAND USES dPiope Fat�On ZoningI k „Y , . r..,s i'+ North C2 Commercial Retail Center OS Morgan Park South RG Single Family Residence East MU1 Bank of the West West C2 Burger King RG Multi Family Residences PROPERTY HISTORY The property was a part of one (1) hearing before the Planning Commission and one (1) before City Council. Table #2 below shows the entitlement and approval date. 15-01 Ff a Central Business (District Area Generally Bounded by _a Rica Ave. to the Nest, Clark St. to the forth, Park n Ride to the :ast and Downing Ave.t( he South, including the Aetrolink Rail Station.) BACKGROUND TABLE #2 PROPERTY HISTORY , Specific Plan including an rban design framework, irculation, parking, zoning and evelopment standards and uidelines within the area enerally defined as the City's lowntown area pursuant to ubchapter 153.210.660 trough 153.210.710 of the Ay's Municipal Code. commended to City iuncil by Planning immission on October 27, 15. Approved by City iuncil on February 17, 16. The purpose of the Downtown Specific Plan is to bring revitalizing activities to the Downtown and improve access to all modes of transportation including transit, walking and bicycling. The intent in creating the Specific Plan was to facilitate development especially residential development in the Downtown area proximate to the Metrolink Station. The primary objectives were to identify land use options that included increase housing densities and mixed uses, as well as to create pedestrian linkages between the station, community facilities and major recreation, retail, and residential nodes of activity. Further the Downtown Specific Plan was designed to facilitate the return of Downtown Baldwin Park- a vibrant, walkable, heart of the City. The Plan was created to provide opportunities for developers to build on the City's unique historical and cultural characteristics to enhance the Downtown core; take advantage of access to regional transit, including Metrolink and numerous Foothill Transit and Metro bus routes that serve downtown; create a strong community identity and sense of place; provide new employment, housing and shopping opportunities, and strengthen the City's tax base. Several opportunity sites within walking distance of the Metrolink and Transit Center parking structure were identified in the plan process that would allow for significant potential infill development and adaptive reuse of existing under-utilized structures to better serve the transit -oriented Downtown area and generate new investment. The main goal of the Downtown Specific Plan was to guide future development of mixed uses in a walkable environment, streamline the development process and serve as an incentive for economic development. DISCUSSION The applicant is requesting that the Southwest boundary of the Downtown TOD Specific Plan at Ramona Blvd. and Sterling Way be relocated east by one (1) lot to exclude 14200 Ramona Blvd. (APN: 8553-010-016). This would result in the boundary line to be between said property and 14210 Ramona Blvd. (APN: 8553-010-018). The request is in response to a proposed tenant improvement at 14200 Ramona Blvd. to convert the single commercial space into 4 tenant spaces including a Starbucks drive through. According to the Downtown TOD Specific Plan Chapter 4 Subsection E(1)(a)(4) Drive-through establishments are prohibited within the C2 zones of the specific plan area. Therefore, in order to allow the applicant to apply for a conditional use permit to request the Starbucks drive-through to be permitted as prescribed in the City's Zoning Table 153.050.020 and in accordance to Section 153.120 Part 7, the property would have to be excluded from the plan area. At the center of TOD Specific plans is the desire to create an atmosphere that is pedestrian centric; therefore, it is common practice to prohibit land uses that are automobile oriented such as drive- throughs and service stations among others. The Baldwin Park Downtown TOD Specific Plan is no different in that it aims to spurn development that creates pedestrian and biking connectivity with public transit, recreation, community spaces and retail within a vibrant walkable atmosphere. The exclusion of the subject property does not impact the intent, nor does it veer from the goals of the Downtown TOD Specific Plan. While being outside of the specific plan area, the development of this site will promote the values of the Downtown TOD Specific Plan by provide additional shopping and gathering opportunities for residents and employees of all transportation modes. Outdoor seating areas will be incorporated into the design of the project on the south end of the building as well as on the north end of the property. Bike racks will be located on the north end of the property. In additional increase landscaping will be tied into the overall site improvements. These improvements will complement the drought tolerant landscaping and pathway installed by the City's Public Works Department along the public right of way to the west of the subject site. The pedestrian- oriented urban village feel will be upheld and this subject property will maintain its value as an intricate part of the overall improvements planned or the intersection and downtown area at large. If the City Council should approve to amend the City of Baldwin Park's Downtown TOD Specific Plan to modify the boundaries of the area subject to the Downtown TOD Specific Plan Area by excluding the property located at 14200 Ramona Blvd (APN: 8553-010-016), it will not affect the zoning or general plan designation of the subject property. Further, the subject property would remain bounded to the development standards contained in Section 153 (Zoning) of the City's Municipal Code. PLANNING COMMISSION ACTION On March 13, 2019 the Planning Commission adopted Resolution 19-07 recommending approval to the City Council to amend the City of Baldwin Park's Downtown TOD Specific Plan to modify the boundaries of the area subject to the Downtown TOD Specific Plan Area by excluding the property located at 14200 Ramona Blvd (APN: 8553-010-016). LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1 Resolution 2019-009 #2 Vicinity Map #3 Map of existing and proposed boundaries of Downtown TOD Specific Plan #4 Application Request, dated January 29, 2019 ATTACHMENT #1 RESOLUTION 2019-009 RESOLUTION 2019-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE CITY'S DOWNTOWN TOD SPECIFIC PLAN BY MODIFYING THE SOUTHWEST BOUNDARY TO EXCLUDE PARCEL APN 8553-010-016 (LOCATION: 14200 RAMONA BLVD., CASE NO: ASP 19- 01) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Government Code Section 65450 et. seq. permits cities and counties to adopt specific plans for the systematic implementation of the General Plan and to provide for a greater level in detail in planning sites or areas of special interest or value, and WHEREAS, Government Code Section 65453 permits the amendment of specific plans as often as deemed necessary by the legislative body, and WHEREAS, on February 17, 2016, the City Council by Resolution No.2015-098 adopted the City of Baldwin Park Downtown TOD Specific Plan, and WHEREAS, Baldwin Park Municipal Code Section 153.210.710 define the changes to a specific plan that require a specific plan amendment including changes in any specific plan boundary, and WHEREAS, An application ("Application") for an amendment to the City of Baldwin Park Downtown TOD Specific Plan was submitted on behalf of the owners of certain real properties, located at 14200 Ramona Avenue in the City of Baldwin Park, described more particularly in the Application on file with the City Planner, and WHEREAS, The Application was sought to modify the boundary of the Specific Plan area to exclude property APN 8553-010-016 from the area subject to the Downtown TOD Specific Plan, and WHEREAS, The City determined that the proposed action (the "Project") is exempt from California Environment Quality Act (CEQA), and WHEREAS, State CEQA Guidelines Section 15061 (b)(3), the General Rule that CEQA only applies to projects that may have an affect on the environment. WHEREAS, on March 13, 2019 the Planning Commission held a duly noticed public hearing on ASP 19-01, an amendment to the Downtown TOD Resolution April 3, 2019 Page 2 Specific Plan to modify the southwest boundary to exclude APN 8553-010-016 and reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Baldwin Park as follows: SECTION 1. Determine that no further environmental review is required under the California Environmental Quality Act for the Project pursuant to State CEQA Guidelines Section 15061(b)(3) based upon the following finding: a) The Project is exempt from CEQA as it falls within the General Rule that CEQA only applies to projects that may have an affect on the environment: The Project is a change in the boundary of the Downtown TOD Specific Plan, which is policy oriented. Therefore, it can be seen with certainty that there is no possibility the proposed amendment will have a significant effect on the environment, which deems the Project not subject to CEQA. SECTION 2. Declares as follows: a) The City Council has conducted a duly noticed public hearing on April 3, 2019 on the proposed amendment to the City's Downtown TOD Specific Plan, Case No. ASP 19-01 on file with the Planning Division of the City as required by law to consider the information presented by staff, Applicant and public testimony presented in writing and at the meeting, and b) The amendment as proposed is consistent with the purpose and intent of the General Plan and its goals and objectives, and c) The amendment as proposed is consistent with the City's Zoning Code, and d) The amendment as proposed is consistent with the purposes and intent of the City's Downtown TOD Specific Plan and its goals and objectives, and e) The amendment is the public interests and will promote the general welfare. SECTION 3. The City Council finding as follows: Resolution April 3, 2019 Page 3 a) The amendment to the specific plan is consistent with and provides for the orderly, systematic and specific implementation of the General Plan: The amendment to the Specific Plan continues to uphold Goal 8.0 of the Land Use Element of the General Plan which seeks to establish a pedestrian "core" for the Downtown Area. Additionally, Policy 8.1 encourages the City to provide a mix of commercial and multi -family residential uses to create 24-hour activity in the Downtown. The Specific Plan continues to strive to meet the described goal and policy. b) The amendment to the specific plan will not adversely affect the land use and development regulations within the specific plan, which have been deemed comparable in breadth and depth to regulations contained in the City's Zoning Code: The amendment to the specific plan does not include any changes to existing land uses or development regulations within the specific plan nor does it include any changes to land uses or development standards contained in the City's Municipal Code. c) The amendment to the specific plan will not adversely affect the public health and safety or result in incompatible uses: The specific plan will continue to be consistent with the Goal 8.0 of the Land Use Element of the General Plan which sees to establish a pedestrian 'Core' for the Downtown as noted with the trait -oriented, mixed use development for the specific plan. The amendment to the specific plan will not change land uses, therefore, current zoned commercial properties within and outside of the specific plan area will be maintained for the development of commercial/retail spaces. d) The amendment to the specific plan will not adversely affect the specific plans ability to provide the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of development entailed in the specific plan: The specific plan is not specially phased; however, it is considered a long-range document; therefore, the proposed amendment will not affect the realization of the specific plan. Much of the revitalization in the Specific Plan area will require land assemblage with multiple owners, redevelopment tends to be longer term (10+ years). It is anticipated that any proposed development within the Specific Plan area will be coordinated in accordance with the Specific Plan's development standards and design guidelines. Resolution April 3, 2019 Paqe 4 e) The amendment to the specific plan will not adversely affect the financing mechanisms identified in the specific plan for the infrastructure and public facilities required to support the development: There are no financing mechanisms noted in the specific plan and financing of the infrastructure of any type of new development within the Specific Plan area will be completed borne by the respective Developer. SECTION 4. This resolution shall become effective immediately upon its adoption. SECTION 5. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED AND APPROVED this 3rd day of April, 2019. Manuel Lozano, Mayor BALDWIN PARK CITY COUNCIL ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Jean M. Ayala, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 3rd day of April, 2019 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Jean M. Ayala BALDWIN PARK City Clerk ATTACHMENT #2 VICINITY MAP VICINITY MAP CASE NUMBER: ASP 19-01 LOCATION: 14200 Ramona Blvd. DATE: April 3, 2019 ATTACHMENT #3 MAP OF EXISTING AND PROPOSED DOWNTOWN TOD SPECIFIC PLAN EXISTING DOWNTOWN TOD SPECIIFIC PLAN BOUDARY r« � � �•5� E. �C+ 5�t .ems Y � '� t fs4h f Ov 14, ij yg � l "c'£�' -� r' � -�?�?� lx��`Y�i'+.3`'"w ��.•' T �.. a'gy h z r �, nc'"��'�y .a s K 4+`" "PROPOSED DOWNTOWN TOD SPECIFIC PLAN BOUNDARY ATTACHMENT #4 APPLICATION REQUEST, DATED 1.29.19 � HF ZSA A EL y, A E. TEO JANUP�~q, TYPE OF APPLICATION General Plan Amendment _ Zone Change Code Amendment Develooment Plan CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 813-5261 _ Redevelopment Overlay _ Zone Variance Conditional Use Permit Administrative Adjustment Snecific Plan _ APPLICATION INFORMATION Name of Applicant(s) 1V2 w Address a Q 5aN&GA- \ G Phone No. (SIO) %t -D'ivfl Capacity Owner(s) of Record autir� Gly baeQ cam. Col: r'N:a.'.yl. lea( pe-dy crSW,,P Owner's Add ressgC6-q___0 Sw� gkvx. t„ i`sk- 1AC&kco-tck ` 606' t PROPERTY INFORMATION LUDO 9.0-1" Assessor Parcel Number(s) Tract and Lot Number(s) Tri Existing General Plan Designai Existing Zoning for each Parce Existing Land Use kyA" Code Section to be Amended_ Purpose of request CERTIFICATION STATEMENT: I T6(0 %A V% I/we acknowledge the filing of this application and certify that all the above information is true and accurate and that I/we have familiarized myself/ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Owner's Affidavit from the legal owner.) Signaure Date Signature Date FOR CITY USE ONLY: File No: \� Fee:Received by: �� Date: Jgvt 31Ulq Q ^ c -AT-- It C- RE: Downtown Baldwin Specific Plan Amendment 14200 Ramona Blvd., Baldwin Park, CA Proposed Remodel w/drive through to an Existing shopping center Amendment Request to Downtown Baldwin Specific Plan to exclude APN: 8553-010-016 from the Specific Plan Boundaries to allow for a proposed remodel with drive through to an existing commercial shopping center. The proposed project will better serve and activate the Downtown. The Specific Plan calls for pedestrian friendly businesses, and the project does promote pedestrian access by including ample patio space near the sidewalks in front of tenant spaces as well as convenient bike parking. The drive through is configured as such to offer easy access to cars passing by on Ramona or Baldwin Park, without interfering with patrons enjoying or walking to the patio space. - The project will act as a great amenity to those living nearby as well as for those passer byes to use the drive thru as oppose to parking and walking into the space. The activation of this corner will promote more business adjacent to the project and bring more people to the area, creating a safer environment. Necessary improvements to the street, such as yield signs and clearly designated pedestrian crossing areas, will also contribute to a safer and more pedestrian friendly intersection. The goal and purpose of the zoning code is to supply the residents of Baldwin Park with what they need and to bring businesses to rejuvenate the Downtown area. This project accomplishes both. ITEM NO. - STAFF REPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Developmen DATE: April 3, 2019 SUBJECT: Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan This report requests the City Council to consider the funding allocations for the FY 2019-2020 CDBG Public Services programs to be included in the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) FY 2019-2020 Annual Action Plan RECOMMENDATION Staff recommends the City Council approve the allocations for the FY 2019-2020 CDBG public service programs by selecting one of the following options: OPTION 1: Approve funding as recommended; or OPTION 2 Revise allocations as the City Council deems appropriate FISCAL IMPACT The exact amount of CDBG and HOME funds the City of Baldwin Park will receive is still unknown at this time since funding allocations from the Department of Housing and Urban Development (HUD) have still not been approved. For budgeting purposes, the proposed FY 2019-20 Budget considered in this report will use last year's allocation amounts ($999,611 for CDBG and $322,031 for HOME). As with previous years, it is important to note possible reductions in City's annual CDBG and HOME allocations from HUD as well as the recurring Section 108 Loan annual payment (FY 2019-20 debt service payment is $460,738). BACKGROUND At their regular meeting on March 20, 2019, the City Council held the public hearing at which time public service applicants gave brief presentations regarding their agency and the services offered. The City Council then continued the item to April 3, 2019. Pursuant to Housing and Urban Development (HUD) regulations, the City prepared its five-year strategy designed to address the housing and community needs of extremely low, low and moderate - income households. The current Five Year Consolidated Plan covers fiscal years 2015-2019. The City must also prepare and submit an Annual Action Plan each year within the five year plan to identify the actual projects implemented and funding allocated to address the needs identified in the Five Year Plan. The final Annual Plan under the Five Year Consolidated Plan, FY 2019-2020 Annual Plan, is due to HUD 60 days after HUD announces the funding allocations.. DISCUSSION Included in the process of preparing its Annual Plans, HUD requires the City to encourage citizen participation by holding community meetings and two public hearings. To ensure compliance with this requirement, several years ago, the City established the CDBG Advisory Committee comprised of the City's Housing Commission and Recreation and Community Services Commission. The CDBG Advisory Committee's function is to review applications for funding and make recommendations to the City Council. Unfortunately, at this time, the CDBG Advisory Committee does not have a quorum due to lack of Commissioners in both the Housing and Recreation and Community Service Commissions. However, staff continued to hold the required community meetings inviting remaining members of the CDBG Advisory Committee, community stakeholders and the public. No comments were received. The first public hearing provided the City Council the opportunity to receive public comments regarding the Annual Plan. It also provided public service applicants the opportunity to make presentations regarding their services and benefits to our residents. Since HUD has not yet announced the FY 2019-2020 Federal CDBG and HQME allocations, the proposed funding in this report considers the same funding level as in FY 2018-2019, which is $999,611 in Community Development Block Grant (CDBG) funds and $322,031 in HOME Investment Partnerships (HOME) entitlement funds. The City is also estimating about $20,000 in HOME projected program income. Of the CDBG amount, up to 15% may be allocated to public service programs, which equates to $149,942. The 15% max to public service programs is not a requirement. Considering the needs of the community, staff's funding recommendation provides slightly less public service funding than the maximum to allow for additional funding to other CDBG eligible programs. The total CDBG and HOME funding available for FY 2019-2020 is estimated as follows: FUNDING RECOMMENDATIONS Although the main focus for this report is to consider funding for public service programs, in order to accurately determine the amount of funding available for these services, the City must also consider and, where applicable, determine funding for each of the following FY 2019-2020 CDBG programs at this time. Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next three years. During the 2005-2006 Program Year, the City utilized a $3 million Section 108 Loan program to support an economic development project that included the Super Walmart Department store and other commercial businesses. The Section 108 Loan project is considered a CDBG economic development project that created employment opportunities to over 320 low -and moderate -income individuals. The Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. In 2015, the City refinanced the Section 108 Loan interest and reduced the annual payment. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with payments fixed as follows. y. :� n�ualPa: FY 2019-2020 $ 460,738 FY 2020-2021 $ 478,067 FY 2021-2022 $ 494,756 To remain in compliance with its Loan agreement, the City cannot reduce the amount allocated to the Section 108 repayment. Therefore, the City had to reduce the expectations and allocations to other CDBG programs, for now through FY 2021-2022, when the Section 108 Loan will be paid in full. Public Service Programs During FY 2018-2019, the Santa Anita Family Services program providing assistance to the elderly and disabled closed. The City is fortunate to have another agency willing and able to fill that void. YWCA of San Gabriel Valley submitted an application for funding to provide services to the elderly and disabled. In the absence of the CDBG Advisory Committee, Community Development staff prepared funding recommendations for City Council's consideration based on historical success of each program, application submittals, needs of the community and available funding. Again, while the City may allocate a maximum of 15% of its annual allocation to public service programs, there is no regulation to prohibit the City from allocating less than 15%, as was done in FY 2018-2019, and suggested again in Staffs recommendation for FY 2019-2020, as follows: *Indicates City of Baldwin Park Administered Program Program description of each public service application is also attached for your review. (Please see Attachment) Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. Assuming the annual allocation at last year's level, this year's maximum equates to $199,922. Staff understands it is not very feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents with an allocation of only $2,500. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects There are no CDBG funds proposed for Capital Improvement projects. The City will proceed with FY 2019-2020 Capital Improvements projects using other source of funds. Housing Programs Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low-income areas and residents. The City's CDBG Housing programs include homeowner rehabilitation grants offered to the extremely -low to low-income households with a preference to the elderly and disabled. The proposed funding level of $20,000 to the Residential Home Rehabilitation Grant program provides for at least two grants. Also included is the lead testing program, which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the inspections, loan underwriting and all other operating cost of rehabilitation projects, including the annual monitoring of HOME funded development projects such as ROEM Metro Village, TELACU, and the City's CHDO affordable housing projects. The Code Enforcement Department provides for code activities in distress neighborhoods in conjunction with other neighborhood enhance programs. HOME Funds HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2019-2020 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration plus 10% of program income received in previous years. 2) Community Housing Development Organization (CHDO) Program—HUD requires 15% of the annual allocation to implement an eligible CHDO activity; The City currently has two successful partnerships with CHDO organizations for affordable rental projects. Staff continually seeks opportunities for new affordable housing CHDO projects. Under consideration is subsidizing the CHDO HOME funds with remaining Housing Set aside funds for additional acquisition/rehab/multifamily rental affordable housing project. Once a project has been identified, details will be presented to the City Council for final approval. 3) Housing Development — This project is proposed for use in conjunction with a CHDO if possible, but not as a requirement for the development of new affordable housing units. Once a developer is identified, a proposed project will be brought before the City Council for review, direction and approval. 4) Residential Rehabilitation Loan Program — Project provides low-income property owners of owner -occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes. Proposed funding provides for 7 loans. 5) Lead Abatement Grant Program — Required by HUD Regulation for all properties participating in rehabilitation programs. HOME Administration $ 34,203 CHDO restricted funds includes prior year funds $ 129,396 New Affordable Housing Development Projects $ 682,490 Residential Rehabilitation Loan Program $ 200,000 Lead Abatement Grant Program $ 20,000 Total HOME $1,142,170 As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however, factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived nor are extensions provided. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the preparation of the subject plans. The draft Plans will be available for public review for the 30 -day comment period at City Hall, 3rd floor and the Esther Snyder Community Center and concluding at the second public hearing before the City Council. ENVIRONMENTAL IMPACT Although the approval of the funding allocations under the Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, each CDBG and HOME funded project does require an Environmental Review, which will be completed prior to implementation of the program. LEGAL REVIEW Legal review is not required for the approval of this Plan. ALTERNATIVE City Council may direct staff with a desired alternative. ATTACHMENTS 1. Public Service Applications CHURCH OF THE REDEEMER FOOD BANK APPLICATION CHECKLIST ORGANIZATION Church of the Redeemer/ Redeemer Food Program 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 at (626) 960-4011 ext 354.. 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 January 10, 2019. 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. -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2019-2020 PLEASE TYPE OR PRINT L AGENCY INFORMATION Agency Name: Church of the Redeemer/ Redeemer Food Program Agency Address: 3739 Address Monterey Ave. Baldwin Park 91706 Street City Zip Code Administrator: Dr PaW A Flores Title: Senior PastoURresident Administrator Telephone: 626-960-9585 Fax: Administrator Email: flores.aai @gmail.com Project Site Address: Project Manager: 626-960-9587 3739 Number Monterey Ave. Baldwin Park 91706 Street City Zip Code Cecelia Bernal Title: Food Program Director Project Manager's Telephone: 626-960-9585 Fax: 626-960-9587 Project Manager's Email: Cecelia.Bernal@us.analytik-iena.com 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 - The edeemer Food Program has been assisting the needs of the low-income individuals and families in the community of Baldwin Park for nearly 3v years, nrovidina food baskets on a monthly basis, ana as neeaea. i ne rooa program serves more than 600 individuals and 125 households each month. in aaaition, team visit the homeless, deliver food to low income areas, ana Inose witnoui transportation to the facility. Has the Agency previously received funding from the City of Baldwin Park? X Yes (if yes, number of years 1 of No -4- PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $ 12,500.00 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. The Redeemer Food Program provides food assistance to Individuals and families in the city and local community that are identified as: - Low Income - Seniors living on fixed-income - Hard-working low-income couples - Physically and developmentally disabled children and adults - Victims of personal tragedy (fire, loss of job) - As well as others suffering from hunger and malnutrition (homeless) With the help of volunteers, food baskets are assembled and distributed the last Saturday of the month and daily as necessary. However, with the increasing demand of services the program has now been offering food baskets more often on a weekly and daily basis and is committed to providing services to meet the demand For those unable to reach our facility, the team reaches out to take food and provide encouragement Our goal is to expand and increase our services and the amount of baskets given, and to continue to not have to turn away individuals/families each week as the demand increases. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The program identifies individuals and families in the community of Baldwin Park who are considered low income and at the financial poverty line. The majority tend to be single women with children, elderly, disabled, and households with many children. 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). The program continues to grow organically by word of mouth; however with limited resources, we are stretched to assist everyone, An increase to our Curren un mg willallow us o reac more individuals during tnis time or neea efficiently an effectively ea ing o a more ea ler community. 52 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 8 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_ No 4. Number of family members. Yes__X_ No 5. Total family (household) income. Yes X No 6. Ethnicity Yes—2L No 7. Female head of household Yeses_ 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: nr Rai it D Florae Print Name Signature -6- Canior RastoaRresident Title of Officer January 9 2019 Date ACCOMPLISHMENT DATA Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the ro ected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year -7- Actual Projected 07/1/18 TO Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS d NON-BALDWIN PARK RESIDENTS PDO -7- 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) X 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. BUDGET 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. -8- qm 0 W oo -4 a) cn 4. W N —� a o 9 N o11 c nCO dD m w -n cn 3 Sw�'' � CL 00 ° m c a 0 o x J � 0 0 V N i W o ID ®n c � c"Pcc C ' c m� e aN ? c om o a q c Qo > O O o. s N .a O 00 � � IW O $ Gi •Qa► Ir QO � O W W G!+ CA _ w O � o o Q o, N � QI O O CL C C O �p CL O ao O � m Q qm 0 a —i M co 00 -4 rn CA Ih- w N D 0 o �3 V N CLQ, f�D rt O su .Q Gam" CD jj N {� = 3 (j) N p cn oS d av g; r cr m � h -i C� CJt O O O O O O A N •-� O --� O 00 -1 O 0 O O 0 0 0 O IV O IV CO C O O O O O O O O O 0 O O O 0 O W� 0 a O O O i to �J a O Ul N -4 01 O O O qq ii � `01 o 0 o a o 0 0 0 0 0 0 0 o Q '* �s cc or 0 0 a 0 0 0 0 0 0 0 C 00 0 0 w C 0 N O c: CAR N — 0 O -) '4 O O C77 co CJt N 0 -+ O 'A � m o w :4 o a 0 0 b o a o 0 o N o c o D a M-4 0 0 0 0 0 0 0 0 0 0 0 0 o m c fe 0 0 0 0 0 0 0 0 0 0 [' Q -' mCL 0 0 0 0 0 0 00 O O O O O G O O N(� CO IV C D- O 00 p O O O O O O O O O O O O �^ t0 0 0 O O O C C a N O Q rn w O O O 0 O 0 O tNti O O '0 t� o ca o o '0 a o 0 0 0 o O b 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0' 0 0 0 o c c a co w co --� Q 4 O O O O O N O c O 0 Dao Dao 0 0 0 0 0 0 0 0 a0 0 0 �' CL 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 `� o 'o O O m aDo D G) q BOARD OF DIRECTORS 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 1. Dr. Paul A Flores President/Senior Pastor Indefinite 2. David Estrella Vice President February 2020 3. Roman Rodriguez Treasurer February 2020 4. Elizabeth Navarro Secretary February 2019 5. 6. 7. 8. Name of Executive Director Dr. Paul A Flores 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. -11- AGENCY CERTICATION As the Executive Director, or duly authorized representative of Redeemer Food Program (Agency), 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. Paul A Flores Print Name President/Senior Pastor Title of Officer zji:-L� January 9, 2019 Signature Date 626-960-9585 Phone Number Flores.pal @gmail.com Email Address - 12- M �Www ! �PWPOAAARMA 4 A �!; ]bL tion m and BisImLaws ► ►4 PA Afflltated-�Mt h-.. . ..... '►� ► The General Council H ►, Of the Assemblies of God � 1 ,.� t+'►� ► and Southern Pacific ,, ►Latin American District ►� ►1 Asapp roved by the Membership of t 1Church of the Redeemer ► ► OnC)ctobe►., r 24 1999 ► ►�1 October 1999 A.- Crrievances 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 and not available to any third parry or otherwise except upon written mutual consent of the 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 _. _. _.. mis--d'er a ngs-and help -to -quiet per-senal.gnevanzea,-s®to-promote_peace_.and�Y_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 rulesand regulations as al Council of the Assemblies of God, Springfield, Mssouri, for resolution according to 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 Tour: 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 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. 20 State County ALL-PURPOSE ACKNOWLEDGMENT cmam 1'4�' On �D before me, D f personally NAME. TITLE OF OFFICE 6w/ If A14 E.G., "JANN3 DOE, NOTA Ar-///-Cid [] personally known to me - OR - E3 proved to m6"on the basis of satisfactory evidence to be the persons) whose name(s) Is/P4" subscribed to the within instrument and ac- _ _.knowledg.ed-to- ine_thaUa sheLth6�_9Xecu1ed.. the same in t.i-s%�terft.er rr authorized capacity(ies), and that by W/her/tf� r SIMON W. GliNlEi~iz signature(s) on the instrument the person(s), COW, #1202874 or the entity upon behalf of which the to person(s) acted, executed the instrument. WITNESS my/a'o and officha #ai. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT:'` Though the data requested here Is not required by law, It could prevent fraudulent reattachment of this form. SIGNATURE OF .APfy OPTIO SECTION TITLE OR TYPE OF DOCUMENT 2 � 9 NUMBER OF PAGES _ _L_-- DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE No. 5193 ® OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below, doing so may prove invaluable to persons relying on the document. [] INDIVIDUAL CORPORATE OFFICER(S) TME(S) (� PARTNER(S) [J LIMITED GENERAL [1 ATTORNEY-IN-FACT TRUSTEES) [] GUARDIAN/CONSERVATOR E] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 01992 NATIONAL NOTARY ASSOCIATION � 8236 ...styiY ix'tkc - CAL ° -M ►7iI� CERTIFICATE OF ADOPTION OF CONSTITUTION & By -LAWS By MEMBERSMT: THIS IS TO CERTIff: 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: BYLAW 3-DOC9-2499.DOC 21 aLN AW-ALEG OOUNTY I Nor Cmm. E W Nov. 22, 2002 CONSTITUTION AND BY-LAWS CHURCH OF THE REDEEMER, AFFILIATED WITH THE GENERAL COUNCIL OF THE N DISTRICT COUNCIL F GOD, LATIN AME 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 �� �Apostless Universal Church Jesus Christ Himself being the Chief Cornerstone; and, 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 THEp�SMB Lord Jesus OF GOD, a Mssourr R&Hprofif' OrpOft rn, Ns a 1 "cam 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 referred to simply as "church" or "corporation"though corporation ose of doing businey by ss resolution of the Church Board adopt other and fictitiousconvenient or expedient, and through its various departments and programs, as deemed necessary, in such manner as to be in compliance with law. ARTICLE TWO - FOUNDATIONAL CONSIDERATIONS, PRINCIPLES, PURPOSES, TENETS OF FATIH 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 pin it Bond of Peace.ht of Christ; and, at every we born-again Christian should endeavor to keep the unity of the Sp 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 o f 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 reeneral u vealed ill ofGod,is the all -sufficient rule of faith and practice, and for the purpose of maintaining g tY, p the STATEMENT OF FUNDAMENTAL TRUTHS OF THE GENERAL COUNCILand OFbe revised, asteTH:E ASSEMBLES OF GOD, as same is no d in this codeofe to Constitution and By -Laws, by the true copy thereof which follows as an addendum to this reference here incorporated as though set forth in full. ARTICLE THREE - STANDARDS, PREROGATIVES AND POWERS 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, d to the prerogatives Cd directors, to its own. Pastor, and, by action of its membership or Church establish and maintain standards of membership and discipline, to acquire and hold title to property, and to transact all offer -bus -pertai.ning to -its-4.€e and ..00a3 -as -a local. ch=13, according er in this Code of Constitution and By -Laws provided. Holy Scriptures and as hereinaft Section Two: General Powers This corporation shall have and is empowered to exercise all rights, powers and privileges generally accorded to corporations of this land, 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 debt securities. ARTICLE FOUR - RELATIONSHIP WITH THE ASSEMBLIES OF GOD 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 Corporation, Springfield, COUNCIL OF THE ASSEMBLIES OF GOD, a Missouri Nonprofitrp NVfissouri, and likewise in fellowship with and as a member oEMSOUTHERN EES F GOD C�ornCIFIC niia AMERICAN DISTRICT COUNCIL OF THE ASS 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, Representation This church shall share in privileges and assume responsibilities enjoined by affiliations mentioned with the Constitution & By -Laws of each the General Council and he District above, in accordance from time to time be amended, including representation Council, as such regulations are now and may at both the General Council and the District Council business ch sessions, u through its delegates who have been selected by the membership of this church or its Section Three: Dedication and. Dissolution 7 This corporation is formed and operated exclusively for religious purposes ��o h o mt meaning of §501(c)(3) of the United States Internal Revenue Code. The property 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 cooperative fellowship and affiliation with the General Council and District Council.Upon or or or winding up of this corporation, after paying or otherwise adequately ct providing for the debts and obligations of this corporation, the remaining assets shall be distributed to SOUTHERN PACIFIC LATIN AMERICAN DISTRICT COUNCIL OF THE an ASSEMBLIES OF GOD, a California Nonprofit Corporation, which corp is form m eunder operated exclusively for religious purposes, if it is then in existence and exempt from provisions of §501(c)(3) of the United States Internal RevenuuSSEMBLTES OF GOD,not then so ea sting on exempt, then to THE GENERAL COUNCIL OF THE - Nonproffi Corpora -A whi&-corporationis-formed-and-operated 4mdusively -rri u ed Stades Dees,_ _. __ ...._ Unit if it is then inexistence and exempt from taxation under provisions of §501(c)(3) 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 2 the membership shall be in written form, and shall require the signatures of at least twenty p (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 rc thatshould become thihunch divided over doctrinal or other issues, in which individuals or factions might propose 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 of Db� Council should resume full responsibility for its affairs. Neither District Council nor the Presbytery shall be deemed to assume any personal responsibility or liability for debt or other obligations of the 3 church in taking such action as may be necessary in these premises, unless affirmatively so stated. Section Six: Minimum Number for Viable Membership persons in number, the church If the active membership of this church falls below twenty taip the minimal requirement for shall seek the assistance of the District Council for help in maintaining General Council affiliation. If after one year thereafter thea minimal of a er of cOCouncil active embers is tatusnot attained, this church shall automatically revert to th Church. The church shall remain m a District Council. affiliat s status aa sh� ttilo assume full responsibility for a General Council affiliated church, having demonstratedt3' arranged, .bene shall be for restoration to that status as a viable sovereign church. Unless otherwise no financial liability or other affirmative obligation assumed by District Council in these premises. ARTICLE FIVE - THE BOARD OF DIRECTORS AND CHURCH COUNCIL _.lection One __. The Board of Directors- Nance, Number, Authority The Board of Directors of`t�iis a iurah sha1113� rowc e P B andstor ooffi. �s eelleocted to Deacons, and shall consist of TEN (14) natural persons, including 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 CONSTITMON Amendments to this Constitution may be made only by vote of of the membership of this church regular Annual Business Meeting, or at a Special Business Meeting specially called for that purpose, provided that such Business Meeting has been dulycalled The noticed at least two Sundays prior to such meeting, and as hereinafter in the By -Laws poed proposed amendment text shall be publicly posted in a conspicuous place within view of attendees f record, at at the church sanctuary, and sent by mail. to each activev.member u he amendment iss or her dtoebess oconsidered. least ten days prior to such Business Meeting at w 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. BY-LAWS ARTICLE ONE - PARLIAMENTARY LAW 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 M Meetings established rules oSpecial f order,sor, oth erwise gs Of rwise the membership of this church, shall be conducted under ules of governed by the parliamentary authority of the current edition under Re guidan Order° the Holy revised, in keeping with the spirit of Christian love and fellowship, Spirit of God. ARTICLE TWO - MEMBERSHIP Section One: Members ti ns an There shall be but one class of regular active membershipchurch, einafterqm these'By Laws acceptance of same being subject to approval of the Church Board, as 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; I Peter 1:18-23�.W B.- Water Baptism by immersion (Matt. 28:19; Col. 2:12) C.- Evidence of a consistent Christian life (Rom. 6:4, 13:13; Epb. 4:17-31, 5:2, 15; I John 1:6-7). D.- Personal subscription to the Tenets of Faith as set forth inthe o the church titution of this with church. u tend E.- Personal willingness to contribute regularly totsupport offerings according to his or her ability. F.- A voting member must be at least 18 years of age. Laws of this church, and the G.- Agreement to be governed by the Constitution & By - 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 Porms ll be added ob he rostthe Church Board, and the names of those approved for such membership publicly as members at the earliest convenient membership of the church, and they shall be recognize p meeting of the congregation. No applicant for membership days beforbe accepted pl� business as a member within °f days before an annual membership meeting or within y membership. Section Four: Ex Officio Membership of ]Pastor, Pastoral Staff, ln and and a acceptance into ouses The Pastor of this church and respective spouse shall by vita e ofits ministries be deemed to become and be active voting membber�e C �s church. � S� be deem and their respective spouses, by virtue of their appointments y 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 to trmination, or be transferred to some other congregation. A transferring member may apply 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 5 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 Sig: 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. that member When the Church Board places the name ofamember reasons therefo by theve mSeecrnetarylist, of the church. shall be notified. in writing of such action, and Such notice shall be given to such inactive member by regular mail sent to that person's address record in the files of the church. If such member so notified does not in writing formally request �eSt�oo�v� status=v�ithit� 3Q-day_s firm s1� a of mail'of notice of inactive status, he or she shall be automatically terminated from membership of the church, without further 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 provide for honor or The Church Board, by its special resolution, is empowered to and may p honorary 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 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 or withoutor �causes andtionof honorary and special may likewise dissolve memberships, at any time and for any reason, f 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 P ewhere, unless such have been approved in advance by the Pastor. If additional church campus or els 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. ARTICLE THREE -]DISCIPLINE OF MEMBERS Section One: Disciplinary Authority of the Church Board All discipline of regular members shall be prayerfully administered according to the Scriptures, wader authority e the Church Board (Matt. 18:15-17; I Cor. 5:9-13; II Thess. 3:11-15; Rom. 16:17). sive ecclesiastical authority o£ District Council and General The Pastor shall be under the exclu 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 restoreoactive and ad'usmentuhaveose whom it again attained to are the not guilty as charged, and those who through repentanceJ 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 misconduct 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 suspensi nh beyond the determination of the Church Board, such appeal shall be in writing specifying eaccontention 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 £ he earaacs -Board., a h Special demanding a Special. Meeting of the membership to be called for hearing Meeting should then be scheduled to be held within 90 days thereafter. Action taken by the membership on such appeal shall require a 60% affrmative 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 OFFICERS, EMPLOYEES AND VOLUN'T'EERS 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; I 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 Staff to serve in administration of the programs of this church, and they shalt serve on the Church Council. The Candidates for service on the Pastoral Staff shall be selected by the Pastor, subject to _ ... _.-_.eon& tion -by the.Church.Boa .d,. mdaail see 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 of training and experience in the particular field for which they have been so engaged. (Grandfather clause orrre gnt astors 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 6:3; I 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 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 H1. rights for money damages or equitable relief upon 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. Shenydshall suamenable h en pons'bees as may bPastor in aellamagttner�s of faith and conduct, and shall perform such du' 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 of Nice -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 of the 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 seal of the church. The Secretary shall together �wisho a aP.s�aroe cusnchurch documents and iomary to the office of affix the official seal, and shall perform such o 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 hurchfunds in a federally insured financial institution, in the official name of the church, and shall disburse same as authorized by the Church Board. Heahfir�ia.nceal reeproper ort of same�to the Chued rch Board upon of all receipts and disbursements of the church, and mak p demand and at the Annual Business Meeting of fTreasurer and ashe Treasurer may be directed y the hutch perform such other functions as are customary to the office o 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, E and the Church Board. G.- The Church ]Board (1) The Church Board shall act in an advisory capacity with the Pastor in all matters to the spiritual life of the church, and in ministry of its ordinances. They shall serve as an. pertaining p pprincipal forum. for Examining Committee in review of applications for membership, and as a in offices r administration of discipline among the membership f the church. In event of vacancy shall be empowered to provide for their own both the Pastor (President) and Vice -Pres Y temporary Chairman from among their own number in order to transact interim church business. (2) Duties and powers of the Church Board shoe f Constitution and By-Lawsbe subject to limitations of has foundational articles of this corporation, the provisions of this c it now consists or may be from time to time amended, and the law of State Californiaind, and other places and jurisdictions where local laws might govern or restrict powers; —(3) Without limiting the general powers of the Church Boar ey s -haveV following specific powers: (a) With exception of the Pastor and Pastoral Staff, to select and remo aallother and officers, agents and employees of the church, prescribe such powers and duties, regulations the foundational articles of policies, for them as are not set by these By -Laws, consistent with 1 Iweq, �e frOm them appropriate this corporation, and good business practices, and, as necessary, ° 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, o borrow o money and incur be executed indebtedness in the course of business of this church, and �ot�abonds, debentures, deeds of trust, and delivered in the name of this corporation, promissory mortgages, pledges, hypothecations, or other evidences of ions of this code of Constitution and ties, subject to pertinent law and regulations, further subject to the pro By -Laws of this church. hurch all of its (c) To take and hold as custodians for the use and bene tfor the of the ccomfort of the property, being responsible for the maintenance and cleanliness ears, individuals to serve on the congregation, and to designate from its own members, as need app Committee of Trustees, to hold property for the use and benefit of this corporation, as necessary and as hereinafter in these By -Laws provided. H.- The Church Council - The Church Council, composed a a the lurchrly Boled rd, Pat al Staff and duly elected or appointed department heads, shall m pang implementation of the or special meeting for the purpose of rcounsor Church Board may callg together for the planning meeting at any reasonable total program of the church. The time, and quorum is not required.. I.- Employees and Volunteers - Employees and volunteers shall assumed in cand performpduties as are assigned to them, according ° respect direcve t supervisionanand authors of their respective or program regulations and policies, 10 department or program supervisor, at all times subject to the superior authority of the Pastor and Church Board. ARTICLE FWE - ELECTIONS AND VACANCIES Section One: The Pastor and Pastoral Staff all act as a pulpit A.- In event of vacancy in the office of Pastor, the Church Board shall the best committee, and after prayerfully seeking tom �� � � �,�� �li� of God counsel available, shall select a scripturally q ership of this as a nominee to the office of Pastor, and present his tothe for the vote of the memban Assemblies church. Any active member of this church may suggest tohe committee the name of God minister in this regard. The Board should seek the advice and counsel of the local Presbyter, and Superintendent of District Council in these premises. B,- Election and re-election of the Pastor shall be by vote ballot of the membership elections shall require a two-thirds majority affirmative vote by _ present and voting at the meeting where such election is to ban enteress tained, afterre $q ut� has esot established. The Pastor's initial term shall be for three years, 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 Pasteor. Inral Staff are expedto ent of resignation or other departure of the Pastor, the members o£the Pof the incoming Pastor, in order to o submit their respective resignations to the Church Board for the review privilege of selecting his own Pastoral Staff. The services of any allow the incoming Pastor the member of the Pastoral Staff may be terminated by the Pastor, thforastor o�mwithout ed atel cause, � notice 30 days written notice. Any such person maybe suspended y 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 vconsist o fl�l°ch shall be memberf at least five softhe shall be the Pastor and four church members, not more than Church Board. Any active voting member of this church may submitnamehere st to theno�ns el to committee for their consideration up to two weeks prior to the meeting be considered. The names of those serving on the nominating.to such ting. The�lr�ames of ttee shall be propy the and posted on the church bulletin board at least 30 days priomg r nominees shall also be properly announced and posted at least ae m floorre such elections are to be considered. Additional nomination y not be submitted from. 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 serye for three year terms• member of the Chelections urch Boazbe by a may succeedsu� by secret ballot. With the exception of the Pastor, no me 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. fic D.- Vacancies on the Church Board shall be filled automatically kv edeeessote nate S Should the next The successors shall she Board belowuone--half f thated term of their numberrequired by the number of members of the Church of the Constitution and By -Laws, the reg Church Board members shall call a Special Meeting electoral process, as defined membership for the purpose of filling these vacancies by the membership herein. Section Three: Vice -]President The Vice -President shall be elected by the Church Board from among its a n members,simpat, he on first meeting of the Church Board following the Annual Business be one year, he may succeed himself ��l'resident shall. Y in such office for the duration of his service as a member of the Charch�$oaz Section Four: Secretary and Treasurer The Secretary and the Treasurer shall be elected to in theAnnBual Burin s Meeting, by a members, at the first meeting of the Church Board following year, and they may succeed themselves simple majority, on secret ballot, for terms of office of one in such offices for the duration of respective service on the Church Board. ed of See offices �Y and T be hee by separate individuals, or one person may be elected to hold bo th ur at the same'time. Section Five: Vacancies A.- The Pastor office shall end at (1) If the Pastor has been called for a definite term, the tenure of his oer provided in the paragraph following. the expiration of such term, or it may be terminated edrmvna�dhm found elsewhere in these By -Laws. Re-election of the Pastor shall be in ac provisions 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 teruntil theayor before the end f the Church Board has been confirmed by vote of the membership. In order 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 quote m is established, by secret ballot, the effect of which is to terminate the Pastor and create a vacancy such office. Such a meeting called concerning status or termination the for is Pastor should removed from office be presided ea by an official representative of the District Council. In even t the written report of such action shall be signed by at least two officers must havechurcand mand sent to the t office of the Superintendent of District Council. The Pastor 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 Phe duration of such vacancy. Church Board shall arrange for others to minister to the congregation for 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 -- -- - -- - � fum--oi rce-before--the-en"f-his--tir-m,— for.-cause—o-r-M it cause _b a ma'ori 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 f such removal, eting o the Special indidustness so removed of the membership to be held within three months o 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 d to each of the other members of the Church Board by certifie ortd removal, with copies thereof maile mail, return receipt requested, citing the reasons for such request and giving recitals Grounds for Supp reinstatement or against the action taken by the Church Board in causing such removal. 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 STK - 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. of (2) Special Meetings of the Church Bo ld at the consensus of the Chipal urch Board. ce church, or at any other reasonable place designated by Resolution or B.- Frequency of Regular Meetings of the Church Board as need may require. The The Church Board should meet monthly eso tion Of the Church Board, or be as called e frequently frequency of Church Board meetings may be fixed by 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, rch hunBoard should be notified in reasonable notice as the n advance e of rch Board provides by its own resolution. Every member of th 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 _Eebxuar-Y-o each year, unless changed by a Church Board resolution, at which time reports shall be given and the election of officers and directors s take place, maws-_-- - - asci ash -- 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 elsewhof the ere in this code of Constitution and By -Laws provisions, to be called by the Pastor or a to a ty 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: SpecialBusiness t of the Meetactivings of the membership may also be demanded by petition of not less than twenty pe ing 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 14 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 of absentee for purpose of establishing nduct Of business at any meeting of the membership, nor any sort of representation a quorum. Business Meeting of the membership of this church g.- Order of Business for the Annual shall be as follows: 1.- Devotional 6.- Secretary's Report 2.- Reading of Minutes 7.- Committee Reports 3.- Election of Officers 8.- Unfinished Business 4.- Pastor's Report 9.- New Business 5.- Treasurer's Report 10.- Adjournment _;octionThree:.Pa1Worshi . and Programs on Church Campus and Facilities A- Regular meetings for public worship and evangelism shall be held onthe church the Campus us each Sunday as the Lord's Day and as determined by the Pastor m consultation 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 a welcoPastor ar to atte the Church , subject to such reasonable restrictions or regulations as shall be mad y Board. ARTICLE SEVEN - COMMITTEES, DEPARTMENTS AND PROGRAMS Section One: Committees A- Standing Committees The Church Board may appoint Standing Committees for the conduct of Particular business s of their meetings, fixing responsibilities of the church, by special resolution entered into the minute and powers of such committees, their duration, composition and regulation; and, the Pastor shall ted serve ex -officio on all such committees. The Chairman of e ch such o we s o his her by the Church Board, and such Chairman shall set the time p enda for business to be then and there conducted. Persons so particular committee and the ag 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, far 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 Of may be designated for By special resolution of the Church Board, a Commiin su h special sresolution, for holding purposes and having powers as identified and established in or legal title to real property or personal property for the use and benefit of this procorporation. property itS' There shall be no presiding Trustee, but the Committee o£ Boardodividual Terusteebe subject to shall be instruction from and under continuing authority of the churchle majority on a secret ballot. selected by the Church Board, from among its own members, by limp The number of persons serving on the Committee of Trustees, and the duration of respective terms, o established, the duration of term shall. be as established in such special resolution. If not otherwi cation of Church Board, and shall of a Trustee may be abbreviated or terminated by further reso expire in any event upon termination of respective term. as a t member of the Trustee orch rthe Church ' Trustee shall surrender dissolving of the committee, A retiringthe Board any p roperty or interests held in that capacity, and the successorformal Trustee shall h ° s� ez of redecessor Trustee, with or withou responsibilities of the retiring p powers or interests. _ -Section-Two -- Departments and Programs There may be departments and programs creaTcde "by the��C�c Board, ofwhich is ministries of the church, under regulations set or approved by the eats and programs shall have names, be under the direct supervision of the Pastor, rch Board. Among the departments and Programs to functions and responsibilities as set by th be established and functioning within the church shall be the following: A - Sunday School: The church shall have a Sunday SchoolDartm, its p° ecial reching solution training of groups identified by age or special interest. The Church Board Y Y determine that the Sunday School Department shall be underd C on of a Sunday ch Board. Howeverhthe Superintendent, selected and appointed by, and responsible to, Sunday School Department and the Sunday School Superintendent shall at all times be under the authority and direct supervision of the Pastor. usili De artnaents and Programs: The church may establish other o conduct or iRary B • A m'9 P or convenient, departments and programs as the Church Board deems necessary 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. the Assemblies of God, including education, departments and programs as are ld be given to establishment of common to churches of the Rangers, Ministries, nistries, Men's Ministries, Women's Ministries, Ministry of Music, Royal Missionettes, etc. ARTICLE EIGHT - EDUCATION DEPARTMENTS - NONDISCRIlVIIN'AI'ION POLICY be established within this corporation, by special resolution of and Educational departments may under direct administration or supervision of the Church Board, for he conduct the having name or names assigned respective such such departments, and officers and subordinate administrators of business, as the Church Board shall authorize by such special reprograms;ons, aonrd,tthere s� be a pre-school, grammar school and high school or other educational programs; students of any race, color, national policy of nondiscrimination within these departments, admitting activities generally accorded or made and ethnic origin to all the rights, privileges, programs race, color, on available to students at the schools. This corporation shall not discriminate irate sions policies, scholarship national or ethnic origin in administration of its educational policies, , 16 or loan programs, or athletic and other school -administered programs. ARTICLE NINE - REAL PROPERTY, CHURCH CANTUS AND FACILITIES Section One: Title 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 transferred, No real property o£this church shall be purchased, taken or otherwise acquired, sold, mortgaged, leased, assigned, conveyed or otherwise alienated, without the same anb � � B�first authorized. by a two-thirds vote of the active members present and votingat at wbich is a quorum Meeting or Special Business Meeting of the membership called for that purpose, is first established. Section Three: Unauthorized Activities on Church ]Property enterprises or activities There shall be no personal crusades or private campaigns, programs, conducted on the church campus, nor any subtle or open display or distribution of signs, literature al or advertisements, unless such shall have been in advance approved s y thedd Pastor. part If the char h services, campaigns or programs are desired beyond those provided, or 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 Boar Section Four: Regulations and Policies Restricting Access to Church Campus and Facilities regulations and The Pastor and Church Board are authorized to establish and maintain rules, policies regarding activities taking place on the church campus and facilities, including restrictions upon or exclusions of individuals or groups. The church campus and facilitieshe movement are private of any and considered to be Holy Ground, and flus church reserves the right to restrictson or group from same, person on the church campus and facilities, or to exclude or expel any p at any time, for any reason. ARTICLE TEN - FINANCE, RESOURCES AND DISBURSEMENTS Section One: Financial Resources donations, tithes This church shall be financed according to Scriptural methods, through gifts, 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 n anritial the church, at uincbu sgealaries t for e church, and shall determine and authorize payment of all debts 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 Church Board should provide reimbursement for all authorized expenses incurred by the 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 chuMh 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 Sig: • 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 cooperate Crod, and other depoartxnen sr mding initstries o its ability, the current plans of Stewardship of the Assemblies of and programs of the District Council. and General Council. ARTICLE ELEVEN -RESOLUTION AND ARBITRATION OF DISPUTES 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 18 Q� L oFr� �T Stade of California It IO Bill Jones I "nt j0n"'GA !irturutuntln (:A 'LI7',II:'.uni O�LrPOaM+� Secretary of State STATEMENT BY DOMESTIC NONPROFIT CORPORATION THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE {SECTIONS 6210, 6210, 9060 COnPOnA710NS COIR) THE $10 FILING FEE MUST ACCOMPANY THIS STATEMENT. California Corporate Number: 0437263 CHURCH OF THE REDEEMER OF THE ASSEMBLIES OF GOD 00-053053 ENDORSED . FILED of>vstftatc FEB 1 5 2000 BILL JONES, SeMary of State QP t{PTQL PAhP LTEP.I'1 E. IP ITEM 1 LS I�Lnldlc, 1-i rn'ir' rtlirli r;rtrirrlllnil 1•IPMI' lin 1-401 Wlrnr 114 r1IIR,Sf1A(•F PLLASE READ T► PLEASE TYPE On USE BLACK INK WHICH WOULD THE CALIFORNIA CORPORATION NAMED HEREIN, MAKES THE FOLLOWING STATEMENT I. STREET ADDRESS OF PRINCIPAL OFFICE SUITE OR Room ILA. 2F8 (IF NONE, COMPLETE 3.3B) ' 3739 North Monterey Ave. Baldwin Park, CA 91706 loo NOT USE P.O. BOX NO.) CITY AND STATE, LIP CODI 3. MAILING ADDRESS SUITE OR ROOM 3A. 3B. 3739 North Monterey Ave. Baldwin Park, CA 91706 CITY ANU STATE L11+ r^Tti THE NAMES OF THE FOLLOWING OFFICERS ARE: A. CHIEF EXECUTIVE OFFICER 4A. STREET ADDRESS (SEE REVERSE SIDEI 46, CITY ANU STATE 4C. ZIP CC Rev. Areliano Flores 3739 No. Monterey Ave. Baldwin Park, CA 91706 S. SECRETARY SA. STREET ADDRESS (SEE REVERSE SIDEI —58 CITY ANU SIATE 5C. ZIP Lt Josephine Castillo 3739 No. Monterey Ave. Baldwin Parkr CA _ _91706 S. CHIEF FINANCIAL OFFICER SA. STREET ADDRESS (SEE REVERSE SIDEI SB. CITY AND STATE SC. ZIP Ct George Aguilar 3739 No. Monterey Ave. Baldwin Park CA 91706 DESIGNATED AGENT FOR SERVICE OF PROCESS IONS AGENT 18 InAS 7 EO BY ON RERIIIA 510111 rjp " IRtOVIAION PLEASE READ ITEMS 7 AND 8 ON IIEV EIIBP St Dt: tyP i'titr M.1 7. NAME Rev. Sam Sanchez S. CALIFORNIA STREET ADDRESS IF AGENT IS AN INDIVIDUAL (DO NOT USE P.O. BOXI DO NOT INCLUDE ADURESS IF AGENT IS A COIIPOIRATION 614 So. Fifth Street La Puente, CA 91746 COMMON INTEREST DEVELOPMENT ASSOCIATION SECTION 1350, ET BEQ., CIVIL CODE ®' THIS CORPORATION IS NO AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT IIF THIS BOX 15 CHECKED. PROCEED TO NUMBER 11.) t0' OTHIS CORPORATION IS AN ASSOCIATION FORMED TO MANAGE A COMMON INTEREST DEVELOPMENT UNDER_ THE_DAVIS•STIRLING _Y _ COMMON INTEREST DEVELOPMENT ACT. (IF THIS BOX 15 CHECKED, COMPLETE IDA AND IOB.I IDM. 6USINESS OR CORPORATE OFFICE �IOB. 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. IT IS 1 I O YyCT ANU COMPLE 2-15-00 Attorney/Agent ALLEN JAN___ DATE TITLE TYPE OR PRINT NAME OF SIGNING OFFICER OR ArT1aN1 girt AflI1TF FORIA SIO 100 (11!951 Church of the Redeemer Baldwin Park, CA Statement of Financial Position For the Year Ending December 31, 2017 ASSETS 12/31/2017 12131/2016 12/31/2015 Current assets: 120,000 120,000 74,400 Cash and cash equivalent 36,690 31,199 44,040 Investments 148,247 142,879 120,125 Total current assets 184,936 174,078 164,165 Noncurrent assets: Property and Equipment, net of aocumleted depreciation 1,616,393 1,664,822 1,741,072 Total assets 1,801,329 1,838,900 1,905,237 LIABILITIES AND NET ASSETS Current liabilities: Chase Credit Card 22,150 22,549 25,769 Accounts payable 17,723 23,039 26,101 Total current liabilities 39,873 45,589 51,870 Long -tern debt- Mortgage 1,121,985 1,141,323 1,113,952 Total liabilities 1,161,858 1,186,912 1,165,821 Net assets: Unrestricted 519,471 531,988 665,016 Temporarily restricted 120,000 120,000 74,400 Total net assets 639,471 651,988 739,416 Total liabilities and net assets 1,801,329 1,838,900 1,905,237 Church of the Redeemer Baldwin Park, CA Statement of Activities For the Year Ending December 31, 2017 12/3112017 12/3112016 12131/2015 Reveuss, Gains, and Other Support General Contributions 344,863 346,913 390,368 Group Fund Contributions 89,233 83,693 77,479 Unrealized Gains/Losses on Investments 5,368 (22,846) 190 Total revenues, gains, and other support 439,464 407,760 467,656 Expenses Program Services: Ministry programs 126,012 111,968 92,540 Total program services 126,012 111,968 92,540 Support Services: Debt service 54,234 61,130 79,266 General and administrative 271,735 322,089 333,778 Total support services 325,969 383,219 413,044 Total expenses 451,981 495,187 505,585 Change in net assets (12,517) (87,427) (37,928) Net assets, beginning of year 651,988 739,416 777,344 Net assets, and of year 639,471 651,988 739,416 Cash Flows from Operating Change In current assets Adjustments to reconcile change In net assets to net cash provided by operating activities: Realized and unrealized gain on investments Depreciation Decrease in accounts payable Net cash provided by operating activities Cash flows from Investing Activities: Church Bond Funds Church Stock Funds CEP Certificate Cash flows from Financing Activities Payments for long term debt Increase/Decrease in cash and cash equivalents Cash and cash equivalent, beginning of year Cash and cash equivalent, end of year Church of the Redeemer Baldwin Park, CA Statement of Cash Flow For the Year Ending December 31, 201 i 12/31/2017 Activitles: (12,517) 12/31/2016 12/31/2015 (87,427) (37,928) (5,368) 22,846 190 48,030 48,030 48,030 (6,316) (3,062) 7,848 36,690 31,199 44,040 24,829 19 613 18,140 - 23,276 25,000 - 19,338 18,229 16,660 5,491 (12,841) 24,766 31,199 44,040 19,285 36,690 31,199 44,040 Church of the Redeemer Baldwin Park, CA Statement of Functional Expenses For the Year Ending December 31, 2017 Description of Expenses Program General Admin Total Salaries - 116,604 116,604 Office Expense - 15,964 15,964 Building Maintenance - 22,318 22,318 Special Events - 1,751 1,751 Insurance - 18,712 18,712 Interest Expense - 54,234 54,234 Utilities - 33,258 33,258 Service Charges - 779 779 Property Tax - 10,714 10,714 Depreciation - 48,030 48,030 Group Funds 126,012 - 126,012 Capital Expenses Other Total Expenses - 3,605 3,605 126,012 325,969.27 451,981 Church Mortgage (Principal Payments) - 19,338 19,338 DOMESTIC VIOLENCE ADVOCATE City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: David Leon (Previous Year Allocation): $26,000.00 Phone Number/Ext. (626) 960-1955 X 404 CDBG Amount Requested: $30,000.00 Other Funds: $0.00 Total: $30,000.00 (Please attach a copy of your proposed budget) Project Description: A Domestic Violence (DV) and Victim Advocate works hand in hand with the Domestic Violence (DV) /Sexual Crimes Detectives to provide emergency assistance to victims, guiding victims as their cases go through the criminal justice system. They function as the coordinator for police, health, social and shelter services available. The DV advocate would be responsible for conducting on-going community outreach and education, providing services and training to police officers, detectives, schools, and other community groups. On a day to day basis, the DV advocate would receive a copy of every DV report and make contact with each victim. The following services would be provided as necessary: Counseling, support, Court appointed group DV classes, accompany DV victims to court, assist in obtaining restraining orders,. Referral services to Project Sister, Choices, House of Ruth, Spirit Family Service Center, Baldwin Park Adult School, Department of Children and Family Services, and Department of Adult Services, and coordinate with the District Attorney's Victim's Advocate. This Program brings together the DV Detectives, the Advocate, local social service providers, and the administrative staff, forming a specialized unit. This will result in the centralization of the handling of DV cases as they move through the criminal justice system. Staff believes the victims have been, and will continue to be, well served by the continuation of this specialized unit. The advocate is also available to assist DV victims, sex crime victims, their children and family members, and all other victims of crimes as needed. The funds requested will allow for the Advocate position to be staffed for 20 hours per week. Accomplishment Data The goal of the program is to assist the approximate 150 victims and or households which have been affected by Domestic Violence and more than 100 victims and family members of sex crimes. Additionally, the DV Advocate will assist several hundred additional victims of other crimes with advice, social services, Counseling or support, legal resources, medical assistance or referrals, shelter services, restitution information, relocation information, and coordinate witness protection if necessary. These services can greatly impact not only the victims, but the community at large. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPOR Households 111 ®-1'zo�s Projected Number of Beneficiaries Served: 250 Households a®� M ESGV COALITION FOR THE HOMELESS APPLICATION CHECKLIST ORGANIZATION East San Gabriel Valley Coalition for the Homeless (ESGVCH) 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 at (626) 960-4011 ext 354. 1. X( APPLICATION FORM 2. X BUDGET PROPOSAL (ATTACHMENT A) 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. MOST RECENT AUDITED FINANCIAL STATEMEI 8. ZC PAST AND PROJECTED ACCOMPLISHMENTS Application packages are due by 5 p.m., on January 10, 2019. 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. -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2019-2020 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: East San Gabriel Valley Coalition for the Homeless Agency Address: P.O. Box 93256 Address City of Industry CA 91715 Street City Zip Code Agency DUNS#: 104873927 Administrator: Sandra Larson Title: President of the Board of Directors Administrator Telephone: (626) 333-7204 Fax: (626) 333-7204 Administrator Email: es„ vch _aol.com Project Site Address: 1345 Number Turnbull Canyon Rd. Hacienda Heights, CA 91745 Street City Zip Code Project Manager: Marta Lue Title: Program Manager Project Manager's Telephone: (626) 333-7204 Fax: (626) 333-7260 Project Manager's Email: esgvch _aol.com 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). The East San Gabriel Valley Coalition for the Homeless (ESGVCH) is a non- profit 501 c3 charitable organization incorporated since 1994, and operates under a voluntary Board of Directors to directly aid people experiencing homelessness. It is our mission to bring hope and restore dignity to those in need by providing shelter, alleviating hunger, assisting with basic daily needs assisting to regain housing raising community awareness and by working collaboratively with others to end hunger and homelessness. -4- Has the Agency previously received funding from the City of Baldwin Park? X Yes (if yes, number of years 15 ) No PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $101000.00 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. ESGVCH operates three programs: 1) The Emergency Assistance Center (EAC): 2) The Bridge Program which has the same structure as our old Transitional Housing Program but is operated in motels The program is shorter -term than the Transitional Housing Program but it still maintains the same goal of placing people into their own permanent housing ESGVCH is operating the Bridge program under the Emergency Assistance Center (EAC) motel vouchers; and 3) The Winter Shelter Program (WSP) The EAC services were established at the time of incorporation Our center is located in Hacienda Heights and it is open daily Monday -Friday to provide hot meals lunches -to -go, showers, hygiene kits, clothing transportation services (bus pass/tokens) emergency shelter (motel vouchers for families) and referral services for those in need. The funds of this grant application are requested to support the services and staff of the Emergency Assistance Center located in Hacienda Heights. Objectives of CDBG Grant: Support our Emergency Assistance Center staff to administer the following and to help pay for motel vouchers: 1. Provide motel vouchers on an emergency basis to families with children aces 17 and under. 2. Alleviate hunger on an everyday basis among those who are homeless. 3. Provide for the hygiene needs of those who are homeless (showers, hygiene products, and clothing). 4. Assist homeless clients with transportation needs by providing bus tokens and FootHill Transit passes. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The East San Gabriel Valley Coalition for the Homeless serves people who are poor, hungry, and those experiencing homelessness. Our target population includes families and/or individuals who are ill disabled, elderly, chronically homeless veterans and transitional aged youth (14-24 years of age). Among the families are infants, children, and young adults. Describe any special characteristics of your client population. The clients that ESGVCH serves are unique in the sense that they are all homeless or are in danger of becoming homeless -s- 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). East San Gabriel Valley Coalition for the Homeless is reauestina the same amount as last year: $10,000.00— CLIENT 10 000 00 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 8 regarding Presumed Benefits. " Does your agency. obtain this information? X Yes am 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 4. Number of family members. Yes X No 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. .6- 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: Sandra Larson President of the Board of Directors Print Name Title of Officer "��Ae�:A� 1-7-1. Signature Date -7- ACCOMPLISHMENT DATA Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted 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 -8- Actual Projected 07/1/18 TO Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS Duplicated Unduplicated Total Motel Vouchers Duplicated: 300 Unduplicated: 200 Total: 500 July 31 39 70 $0 August 60 31 91 $567 Set 100 28 128 $399 Oct 112 32 144 $399 Nov 60 12 72 $413 Dec 37 12 49 $207 NOW BALDWIN PARK RESIDENTS Other residents have other funding (not Baldwin Park Funding) -8- 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) X 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 projects limits services to only CDBG eligible -income persons. BUDGET 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. -9- V C Ri O C � N d tM � C H LL CM V Om O O L CL Npp c c Ov) 0 o M 64 N N V- 0 ;' d p m N C.± V OMM© m � cc r ltii O LL CM V Cm O V�4) 16z0. rm O C Ott R o M 64 N O ^ m •c ~ CA � i USo T7 (D 64 o a) v E a co 4- �'� co A2 c c ._ OMM© m � o ti 0ao O � R o M 64 c •c ~ CA � i OM O T7 (D 64 o a) ca ccNLL E c co 4- �'� co A2 c c ._ cu ti O M OO 6% O lO ff} m r CA E0 O LO th r r O CD 00 LO N F}} m L N nj {f} p LO 6% I LO 0 O O LO 6ck CL cc d E ti O O ti N M 6% O O � V c cc Oj 03' M COD 0 co 0 4 r 'L N co O (` O C O In ti I` -r r- aj M p LO Mr" CD CDr � N � C m 3: C� 2 O LO N � L N � CV Md' O ci O O O OMM© m � o c Co R N d - Ocn c •c Q4a � — �,, o a) ca ccNLL E c co 4- �'� co A2 c c ._ cu J c��E Qao �ca�w w O d � O Q �NC'M as c m m CL cc d E 40 J V c cc 0 4 r 'L N co d p N a C m 3: C� 2 O H CV Md' C± W( pu m � W i mss° CL 01 P o. a 1 F d r N 00 f� (D 000 C O N v CD r M Lo �CC) o O O M O LO Ire. VO.' T- M CO co 11' (O O " 0 O N 0= LL (O 69 O 69 d' 69 CO 69 (0 69 O 69 CV 69 O• 69 N 69• O 69 r 69 O 69 V 69 00 69 r 63 d O m (1 L N r P- coN CV H d (0 CR cri 00 MCL O C MO OC LO N M 00 ti Lfo_ IL 4O CO 69 O 69 d 69 (O 69 CO 69 O 69 N 69 O 69 N 69 C 69 1 69 O 69 �0O C 69 00 69 69 O N N p. O m m 0 0 O 07 O O O O O O O O O O O O O Ln LO N V V 69 69 69 69 69 69 69 69 6% 69 69 69 69 69 69 G> r CV ~ O Js O O LN (0 (n CO6C0 OD AV 1- mOC :5 'a 0OO Nr CI M (CCD 5(0 (O O d O OO O O N O N IC r O 00�o Ht4 LL 69 69 69 69 69 69 69 69 69 69 69 69 69 69 O o O O O _r M � 0)i ~ d L L.a d= co O C� qT O LO O ti M 0 LOO Cq C6NLO 069 � � d9• (j 0 (n 42 609• 609 � � � 690• 6% � dN9 64 6r9 O� r N O O O O O m O O O G O O O O O O O O O O O O L Ln T -- CR N (i ci 69 69 69 69• 69 69 6% 69 69 69 6% 69 69 69 69 U d N .5' L � C J y C! N V K d d NCL > J J 0 CL X UJ ci j 0) °' Q �, C> 0 C] a)�' ' E �! C m 0 a co c 0 v v E u j C 0 C U N CO co C 4«CL Ca LL 0 s- C2 U 0 (2 m 0 C C +- a N t ( C L1. J O F- > O CL U Q� 7¢ c Q r N M d' o (O Imo- 00 O) � r r r ul I— Q. BOARD OF,DIRECTORS 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 1. Please see enclosed Board of Directors Roster 2. 3. 4. 5. 6. 7. 8. Name of President of the Board of Directors Sandra Larson 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. -12- AGENCY CERTICATION As the Executive Director, or duly authorized representative of East San Cagl060L Val ley COQ L iti On for the t fOrnQP-SS (Agency), 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. certify and declare under penalty of perjury that the information provided in this application is true and correct. S a. vty I ,-. La VSO PLP 5 , d i n. Print Name Title of Officer ZtA-ZA- S Ighature Date. (WI -o X33 -I Z.0 Phone Number e SgVChC� clot -Con Email Address Has the agency received notification of findings or concerns in the past 5 years? No If Yes, Please explain N/A Please provide corrective actions taken: -12- Office Location: 1345 Turnbull Canyon Rd Hacienda Heights, CA 91745 Phone: (626) 333-7204 Fax: (626) 333-7260 East San Gabriel Valley Coalition for the Homeless Board of Director's Chart ESGVCH Title Name President Sandra Larson Vice President Coalition for the Secretary o im e l e s. Office Location: 1345 Turnbull Canyon Rd Hacienda Heights, CA 91745 Phone: (626) 333-7204 Fax: (626) 333-7260 East San Gabriel Valley Coalition for the Homeless Board of Director's Chart ESGVCH Title Name President Sandra Larson Vice President Richard Hopkins Secretary Irma Martz Treasurer Mercedes Carrillo Executive Director Position Vacant Committee Chair, Emergency Assistance Center Program Gloria Mojarro-Mangiani Committee Chair, Winter Shelter Program Robert McKennon Members of the Board of Directors Richard Hopkins Donald Liegler Donna McKennon Robert McKennon Gloria Mojarro-Mangliani Mercedes Carrillo Irma Martz Pat Noon Dick Noon Marilyn Matthews Sandra Larson Gary Metzger EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS [Excerpt from ESGVCH Policy Manual- Pages 6-131 Section I Constitution and Bylaws Article 1: Name Article 2: Purpose: (Essence, Mission, Philosophy) Article 3:' Board of Directors ("Board") Article 4: Executive Director and Staff Article 5: Committees Article 6: Miscellaneous Provisions Article 7: Dissolution Article 8: Fiscal Year Article 9: Amendments, Rules, and Regulations #500 Conflict of Interest #502 Board of Director Member Limits of Authority #505 Endorsements of Materials or Products Policy Manual Section I Bylaws and Board Operations Section One: Constitution Article One: Name 0001 The Name of the Corporation is East San Gabriel Valley Coalition for the Homeless ("ESGVCIT ). Article Two: Purpose #0021 Essence: The ESGVCH is a coalition of local faith based groups, service organizations, businesses and individuals of the East San Gabriel Valley (hereinafter called "Coalition"). #0021 Mission: The ESGVCH is a faith -based organization of volunteers and staff dedicated to serving the homeless and those at risk of homelessness. Our goals are: (a) To alleviate the immediate need for food, clothing, shelter, care and comfort among the homeless. (b) To assist and support the efforts of the homeless and near homeless to regain the ability to provide for themselves a stable home environment. (c) To increase awareness of ESGVCH and homeless issues in our community. (d) To foster partnerships with businesses, organizations and individuals to accomplish ESGVCH goals. (e) To receive and administer assets exclusively for charitable and educational purposes (f) To operate and act exclusively for charitable and educational purposes within the meaning of Section 501 (3) c of the Internal Revenue Code of 1986, as amended #0023 Philosophy The Coalition feels strongly that all are called to turn attention beyond themselves to those who suffer especially the poor, the hungry, and the homeless. #0025 Belief Statement Our common belief is that society is called upon to turn attention beyond themselves and toward those who suffer, especially the poor, the hungry and the homeless. Article 3 Board of Directors (hereinafter called "Board.") #0031 Duties and Powers. Except as specifically provided in the corporation articles of Incorporation of ESGVCH or these By -Laws, the Board of Directors ("Board") shall be the governing body of ESGVCH and all of its committees, employees, and agents. It shall establish policies and rules for the operation of ESGVCH and shall provide direction concerning financial and administrative operations, consistent with the By-laws. #0032 Size The Board shall consist of at least seven and not more than 15 Directors of the organization #0033 Board of Directors Term Length Each Director shall be elected for five (5) years and may be re-elected for subsequent terms. #0034 Restriction on Interested Persons No interested person shall serve on the Board at any one time. An interested person is (a) any person being compensated by ESGVCH for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor or otherwise, excluding any reasonable compensation paid to a Director as a member of the Board; and (b) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, mother-in-law or father-in-law of any such person. #0035 Board Meetings a Regular meetings of the Board shall be held at least once every quarter at a time and place to be designated by the President. b. Special meetings may be called at any time by the President or two Directors c. Notice. Notice of regular Board meetings shall be sent to the Directors at least 3 days prior to the meeting. Special meetings of the Board shall be held pursuant to notice of the time, place and purpose thereof either delivered personally or by telephone or sent by US mail or electronic mail to each Director not less than twenty four (24) hours prior to the meeting d. Quorum. A majority of the total number of Directors then in office shall constitute a quorum for the transaction of business #0036 Election Procedures. Directors Each Director shall be elected for a 5 year term. The Board shall nominate one or more individuals for each position to be filled. (See Board of Directors Nomination Form in Appendix A) The Board shall elect Directors at its Regular Board Meeting or Special Board Meeting called for such purpose. If a Director's position is vacant due to a resignation or termination, a Director will be elected to fill that position for the remaining term. Directors shall hold office for the term for which he or she is elected or until such Director's resignation or termination. Proposed new language: Directors 1 Each Director shall be elected for a 5 -year term. Directors shall hold office for the term for which he or she is elected or until such Director's resignation or termination by the board. 2 The Board shall nominate one or more individuals for each position to be filled. (See Board of Directors Nomination Form in Appendix A) The Board shall elect Directors at its Regular Board Meeting or Special Board Meeting called for such purpose. 3 If a Director's position is vacant due to a resignation or termination, when a candidate becomes available to be considered for election to the board, the new candidate's term shall be a new five year term regardless of the years remaining on the former board member's term. (also see 0038). #0037 Officers, Duties and Election. The officers of the Board shall be the President, Vice-President(s), Secretary, and Treasurer. The Officers shall be elected by the Board at the Board meeting at least two (2) months prior to the end of the standard fiscal year. The Board may elect or appoint other officers as the Board may deem advisable. The Officers shall perform such duties as set forth in these By-laws or as determined by the Board. a President. The President shall be the Chief Executive Officer of ESGVCH. 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 by the Board. He or she shall be an ex - officio member of all standing committees. 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 in the name of and on behalf of ESGVCH b Vice-President(s). The Board may elect one or more Vice-presidents. The First Vice - President shall perform the duties and exercise the powers of the President during the absence or unavailability of the President. Each of the vice-presidents shall oversee specific programs and responsibilities as determined by the Board. They shall have additional powers and perform additional duties as shall be assigned by these By-laws or by the Board. c Secretary. The Secretary shall keep the minutes of all meetings of the Board in books provided for that purposes, attend to the giving or serving of all notices of ESGVCH and sign with the President, in the name of ESGVCH, all contracts when 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. A copy of all the minutes shall be filed in the ESGVCH office. d Treasurer. The Treasurer shall be the Chief Financial Officer of ESGVCH, and shall have custody of all the funds and securities of ESGVCH, endorse on behalf of ESGVCH for collection checks, notes and other obligations, and shall deposit the same to the credit of the Corporation in such bank or banks or depositories as the Board may designate; sign all receipts and vouchers for payments; enter or cause to be entered regularly in the books of ESGVCH kept for that purpose full and accurate accounts of all moneys received and paid on account of ESGVCH, and whenever required by the Board shall render statements of such accounts; shall , at all reasonable times, exhibit the books and accounts to any Director; and shall perform all acts incident to the position of Treasurer, subject to the control of the Board. The Treasurer may select an authorized representative to perform one or more of the above duties #0038 Vacancies on the Board a. Absences. Should any Directors miss three (3) consecutive meetings without due cause, the President may declare the position vacated. b. Resignation and Termination. Should any Directors resign or become terminated from his or her membership on the Board, a successor may be elected by the majority of the Board (at a Board meeting) to fill the vacancy. When a candidate becomes available to be considered for election to the board, the new candidate's term shall be a new five-year term regardless of the years remaining on the former board member's term #0038.5 Annual Notice of Membership in the ESGVCH Board of Directors At its annual meeting, after elections have been completed for the board and for the Executive Committee, the board shall cause the list of approved board members and officers to be posted on the ESGVCH website and reported to which ever constituent organizations as have so requested in writing. #0039.1 Bond of Officers and Directors All Officers or Directors of ESGVCH, if required to do so by the Board, shall furnish bonds to ESGVCH for the faithful performance of their duties, in such penalties and with such conditions and security as the Board shall require. ESGVCH shall assume the cost of providing any bond required hereunder. #0039.2 Compensation for Directors No Director of ESGVCH shall be compensated for the performance of services for ESGVCH, but may, by resolution of the Board, be reimbursed for expenses incurred on behalf of ESGVCH. Article 4 Executive Director and Staff #0040 Executive Director The Board may employ an Executive Director who shall manage the daily affairs of ESGVCH and shall serve at the direction of the Board. The Executive Director shall serve as a non-voting ex -officio member of the Board. 0041 In the absence of employing an Executive Director, the board of directors may assume the duties under the leadership of the Board President. 0042 Staff 1 The Executive Director shall propose staff positions necessary, shall recruit, interview, and recommend for employment by the board, such candidates as are qualified and committed to the mission and values of ESGVCH. 2 In absence of an executive director, the board may employ staff as needed to conduct the business of the organization. Article 5: Committees #0050 Creation of Committees The Board will create a committee for each of the program areas of ESGVCH. The Board may create ad hoc committees as needed. The Board will annually designate the chair for the standing committees and other such committees as it may deem to create. Committee chairs must be Directors #0051 Executive Committee The executive officers of the board: the president, vice president, secretary, treasurer, along with the three chair persons of standing committees shall be considered "The Executive Committee." The Executive Committee shall also be considered and function as The Finance Committee and shall review and make recommendations to the whole board regarding financial reports and needs. #0052 Program Committees The main program areas for ESGVCH are: a Emergency Assistance Center (EAC), b Winter Shelter (WS) c Transitional Home (TI -1) d Health Services (HS) The responsibility of each committee is to oversee its program so it accomplishes the program objectives. #0053Nominating committee The board, under the leadership of the president shall annually designate a Nominating committee. Nominating committee membership cannot include anyone interested in holding an executive office for the new term. #0059 Other Committees The Board shall designate the responsibilities, duties and powers for each committee it creates. Each committee shall exist to carry out the purposes of ESGVCH Article 6 Miscellaneous Provisions #0061 Contracts, Conveyances, etc. All conveyances, contracts and instruments of transfer and assignment shall be specifically approved by the Board of Directors and shall be executed on behalf of ESGVCH by such officers or agents as may be specifically authorized by the Board #0062 Execution of Instruments All ESGVCH 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. 0063 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 #0064 Participation in Meeting by Telephone, Real Time Internet Video Chat, or Email By oral or written permission of a majority 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 constitutes presence in person at the meeting. #0065 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 By-laws. #0066 Non -Profit Status ESGVCH may not engage in any activity of a commercial nature that would violate its status as a non-profit organization as defined in existing laws. ESGVCH may not engage in any partisan political activity. #0067 Conduct of Meetings Meetings shall be conducted according to Robert's Rules of Order #0068 Nondiscrimination ESGVCH shall not discriminate in employment, membership, or registered use against any person on the basis of race, color, gender, religion, creed, age, disability, or sexual preference. Article 7: Dissolution 0071 General In the event of dissolution of ESGVCH, all the assets, real and personal, shall be distributed to such charitable organization or organizations as are qualified as tax exempt under Section 501 3 of the Internal Revenue Code or 1986, as amended, or corresponding provisions of any subsequent federal income tax laws as the Board shall determine. Any such assets not so disposed of, for whatever reason, shall be 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. 0072 No Inurement No part of the net earnings of assets of ESGVCH shall be distributed to or inure to the benefit of any Director of ESGVCH, contributor, or private person. Article 8: Fiscal Year 0081 The fiscal year of ESGVCH shall be from July 1 to June 30 of the following year. Article 9: Amendments, Rules, and Regulations #0091 Amendments ' These By-laws may be altered or amended at any duly called meeting of the Board 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. #0092 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 ESGVCH 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 By-laws. #0093 Periodic Reviews These By-laws and the associated policies shall be reviewed annually. Last reviewed and affirmed July 1, 2011. #500 Conflict of Interest All Board of Director members, executive officers and employees of the ESGVCH shall: 1 Maintain the highest standards of conduct and integrity when conducting ESGVCH business 2 Have no outside interests that may be incompatible with or involve a conflict of interest with their duties, functions, and responsibilities for ESGVCH. 3 Abide by applicable federal, state, county, and municipal statures, regulations, and other ordinances concerning conflicts of interest. 4 Directors, officers and employees of ESGVCH are prohibited from the following associations unless they have fully disclosed such associations and have received specific approval from the board to continue such associations. a Serving in either paid or volunteer capacity as a director, partner, employee, or representative in any, organization that does business with or receives funds from ESGVCH. b Being imme3diately related to any vendor, contractor, or consultant paid by ESGVCH funds. c Have any direct financial interests in any organization that does business with or receives grants from ESGVCH. Note: ownership of less than .001% of the stock of a corporation is not a direct financial interest. 5 Directors, officers, and employees of ESGVCH are prohibited from accepting, directly or indirectly, payments, loans, gifts, commissions, services, promised future benefits, gratuities, or other items of value from any organization or individual doing business with ESGVCH, except for beverages, food, social invitations, access to parking while visiting the organization or occasional shared local transportation for a meeting. Nothing shall be received unless it is of minimal value (not to exceed $25, and in keeping with good business ethics and that does not in any way obligate the recipient on behalf of ESGVCH with a vendor. 6 To ensure compliance with this policy, all directors, officers, and employees of ESGVCH shall submit and/or recertify their agreement with this policy on an annual basis. #502 Board of Director Member Limits of Authority 1 Individual Board of Director members are not authorized to take public stands on positions that are contrary to those of ESGVCH. This policy is not intended to prevent Board of Director members from taking personal positions on public issues, but only to prevent giving the appearance that the Board of Director member is speaking qfflcially on behalf of ESGVCH. 2 Official positions or statements may only be put forth after full approval by the board at a regular business meeting. Such positions should be recorded as an appendix to the policy manual for future reference. Approved 12114111 #505 Endorsements of Materials or Products The Board of Director may not at any time give endorsements for any organizations, programs or products. The Board of Directors may approve for distribution and sale a variety of materials, programs, and products that are in harmony with the goals and purposes of ESGVCH. Approved 8/26/10 ARTICLES OF INCORPORATION OF EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS ENDOASED FILED in, itwomoo, at tpe,sacretary of Stab of tho State of Caftfnrni,i F$fP 7 1994 A.California Nonprofit Public Ben.9fit-CorporatTONYMILLER * ARk-s'atrelify of $fiwi I The name of this corporation is: EAST SAN GABRIEL VALLEY COALITION FOR, THE' HOMELESS ,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- tion.. Law -for public and charitable, purposes.' The public and charitabie purposes of the corporation are to provide,for the needs of the homeless in the San Gdbriel Valley and to educate the public concerning those needs. 'This corporation is organized exclusively for charitable, religious, and educational purposes within the meaninq. of Sectiort 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 corporAti;6n shall not,, except to an insubstantial degree, e;igage, in any activities or exercise' any powers' that' 'aro -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 dxenipt 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.edrporation, contributions to which are deductible under Section 170(c) �2) of the Internal Revenue Code of 1986 or the corresponding responding provision of any future United States, internal revenue law. III The name and address In Cali,fornia 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 . shal consist of lobbying or .propaganda, or otherwise attempting to influence legislation, except as provided in Section .501'(h)- of the internal RdVdnue. Code of 1986 and this corporation shall neat participate in or intervene in (including publishing or distribut- irig --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 parpo'ses '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, ogfigdrs, private shareholders or 3jethers, or to . itdividuals.. (c) On -the winding .up and dissolution of this corporation; after paying or adequately providing fob the debts, obligations and liabilities of the corporation, the' 'ramairiing ' assets of this corporation shall be distributed to such organizations .organized .and operated exclusively for charitable purposes which hive establ ghod their tax-exempt status under Section 501(c) (3) o.f tha Internal Revenue Code of 1986, or the corresponding provision of any. future United States internal revenue law and which have established 'their tax-exempt status under Section 23701d of the 'C61if6rnia Revenue and Taxation Code, or the corresponding section 'o.f any future .California revenue and tax lam— NALD J. SACHS, Incorporator I an the person whose name. is subscribed ,below, I am the sole incorporator' of EAST SAN GABR:IEL VALLEY COALITION FOR THE' HOMELESS and have executed these Articles of Incorporation. The foregoing Articles. of Incorporati ar. y act and deed. Executed on/ , 1994, at Hacienda Heights, California. I. declare that the foregoing is true RdRALD J. S.ACHS, Incorporator 2 U47KP�',J. P. 01 9"!/" 250� MiMNATI., OR 45'17�I AIM GPE',P.TEI, VALLEY 00ALrTTUR FM'�RF VcMiEsa PIO 5014 93:510 C.',TY 0110-TiRTRY, CA 10171$-31256 Dear Applicant, S!,:-4 fir, a 4 'LDO 31012 PO (h) 0 (Vi) Ot4r IeLTAA; dateO April 1496, st:Zte'l yva wc',oId be oxeimpt, Prom Mderal �ntexna' 'Rgvptlo�& cods, and you would be !l1ra"W t%SX wxitlr U142CM101 !�U' (�"*I 4:;of the � treawl As,a public Charity, than -az a privaLe fovosvion, during an advance rulitq period. Uaaoi on the inform.arior, rjbm."'!J,tted, you are cIrA25---Und i"41 a prilic charity under the Cede soctiron 111ted "V"t* heO�Itina' of Chis lel.ter. Since your exempt r%*tus was not. ander consideracion, yva Continue to be cjak3:5;fked Put' an organization exempt fro).rr; Federal incorim t4x uiadel tect.0-.1 Salk) (31 of t1he -Cade, Publicati-On 551, Tax-Elxempt�"-at�os tot Your Crqanizatitr-i, provides dOtO4164 informat.ion about your ritZihtS wand reaptrnsib_;IiLi%:z ,&s an exempt organizativn. You rAy reqeest a copy 1,�y -rill!nq the teill-ftea ntird-)ax for forms, (800) 929-3676. jrrormat4_on is also avallablp -zn. our IntekOOt Web Site at 3£ yol ksvo gen n J.ea c s P $a, a e,_61 orga-,wimat .0 , Iaur toll-free number qbown in the 'ieadiyrs. rrlease 'keeP this letter- in 70UT P4;MZP4-'I't records. S-ncerely ytwtsp Robert 1711ci vix,;.ctor, Ex", it Organizations Rulings arl'.2 Agre-menzM t'ar'tar: 1050 PO/CG" 0 Department ofthe Treasu.r>> 1� Internal Revenue Semice. P.O. Box 2508 Cincinnati OH 45201 EAST SAN GABRIEL VALLEY COALITION! F-00 TAE HOMELESS E S G V C H K R.ONAL.D J SACHS 1345 TURNBULL CANYON' RO HACIENDA HTS CA 91745-26-66 t�5l61 Employe-r ID Numbers 95-4508436 Form 990 required: yes Dear Taxpayer; ... In reply refer to. 0752257825 'Feb. 26, 2018 LTR 41680 0 95-4508436 0.000.00 00 00017938 BUM t TE This is in response to your request dated Feb. 1.4, 2.018; regarding your tax-exempt status. We issued you a detertainatson letter in April 1995, r4co•gni•zing you as tax. -exempt tinder Internal Revenue Code CIRC) Section 501(c) (3). Our r••ecord.s ,also indicate. you"re not a -privat-e fbund.etipn as d-ef.ined und•ett IRC Section 509(a) because youl•re described' in IRC Sections 509t•.a)(1) and 170(b)(1)'(A)(vi.),. Donor.e rman d-etduct ,contrib•utions: they make to you, ps provided In I,RG Section 170. You're also. qualified to receive tax deductible bequests, logacies, devises, transfers, or gifts under- IRC Sections 2055, 2106, and, 2522 I.n the: heading of this .letter.., are indicated whether you must file an annual information. rlettitn% r'f a r6tuhn is, r4aui'red, you must file Form 900r 990 -EZ, 990-N, or. 9,50 -PF by the 15th day of the fifth month after the end of your annual accounting -period. IRC Section 60330) provides that, if you don't file 'a required annual information return or notice for three consecutive years, your exempt status will be automatically revok•e•d on the filing due date of the third required return or notice. Fb,r t U fdtms, instructions, 2nd pu.blicati.cn's, visit www.irs.gav or CAXI 1-$0.0-TAX-FOR.M (1-800-829_3676). if you have gruestidns, call i-877-829-55.00 ,between 8 a.m. and S paver., local time, Monday though Feid, ay (Alaska and Hawaii follow Pacific Time). EAST SAN GABR15L VALLEY COALITION FOR THE HOMELESS E S G V C H X RONALD J SACHS 1345 TURMULL-CANYON RD NAC15NDA HTS CA 91745-2656 0752957825 Feb. 26, 2018 LTR 4168j: 0 95-4508436 000000 00 00017939 Sincerely yours., TePi Johnson Operations Manager, -AM 0-0s. 3 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS FINANCIAL STATEMENTS JUNE 301 2017 AND 2016 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS .CON Independent Auditor's Report Financial Statements Paces Statement of Financial Position 2 Statement of Activities 3 -A Statement of Functional Expenses 5-6 Statement of Cash Flows 7 Notes to Financial Statements 8-12 uchan & ._ sociates An Accountancy Corporation 3286 E. Gruasti Road, Suite 130, Ontario, CA 91761 Phone: (909) 781- 6443 Fax: (909) 476- 7390 www.Suchancpa.com INDEPENDENT AUDITOR'S REPORT To the Board of Directors East San Gabriel Valley Coalition for the Homeless We have audited the accompanying financial statements of East San Gabriel Valley Coalition for the Homeless, a nonprofit organization, which comprise the statement of financial position as of June 30, 2017 and 2016, and the related statements of activities, functional expenses and cash flows for the years then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with the auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence -about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 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, 2017 and 2016 and the changes in its net assets and cash flows for the years then ended in accordance with accounting principles generally accepted In the United States of America. Suchan & Associates Ontario, California February 11, 2018 EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF FINANCIAL POSITION JUNE 30, 2017 AND 2016 CURRENT ASSETS Cash Grants receivable (Note 2) Prepaid expenses TOTAL CURRENT ASSETS FIXED ASSETS, net (Notes 2, 3 and 5) TOTAL ASSETS ASSETS 2017 2016 $ 197,373 $ 200,043 21,991 13,251 476 4,923 219,840 218,217 649 1,054 $ 220,489 $ 219,271 r LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accrued Expenses Capital Leases., current (Note 3 and 5) TOTAL CURRENT LIABILITIES NET ASSETS Unrestricted Temporarily restricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS $ 6,704 $ 3 - 709 6,704 712 199,452 150,068 14,333 68,491 213,785 218,559 $ 220,489 $ 219,271 The accompanying Notes to Financial Statements are an integral part of this statement -2— EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30, 2016) REVENUES Public contributions Government contracts and grants Contributed supplies Contributed services Interest income Subtotal Net assets released from restrictions Restrictions satisfied by use Restrictions satisfied by time Total net assets released from restrictions TOTAL REVENUES EXPENSES Program services CHANGE IN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, END OF YEAR Temporarily 2017 2016 Unrestricted restricted Total Total $ 137,006 $ 23,500 $ 160,506 $ 252,679 316,661 - 316,661 332,748 215,537 - 215,537 188,607 - - - 11,632 219 - 219 40 669,423 23,500 692,923, 785,706 1,824 (1,824) - - 75,834 (75,834) - 77,658 (77,658) - - 747,081 (54,158) 692,923 785,706 697,697 - 697,697 684,631 49,384 (54,158) (4,774) 101,075 150,068 68,491 218,559 117,484 $ 199,452 $ 14,333 $ 213,785 $ 218,559 The accompanying Notes to Financial Statements are an integral part of this statement !SIM EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2016 REVENUES Public contributions Government contracts and grants Contributed supplies Contributed services Interest income Subtotal Net assets released from restrictions Restrictions satisfied by use Restrictions satisfied by time TOTAL REVENUES EXPENSES Program services CHANGE IN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, END OF YEAR Temporarily Unrestricted restricted Total $ 140,079 $ 112,600 $ 252,679 332,748 - 332,748 188,607 - 188,607 11,632 - 11,632 40 - 40 673,106 112,600 785,706 34,056 (34, 056) 24,833 (24,833) - 731,995 53,711 785,706 684,631 - 684,631 47,364 53,711 1 101,075 102,704 14,780 117,484 $ 150,068 $ 68,491 $ 218,559 The accompanying Notes to Financial Statements are an integral part of this statement -4- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30, 2016) Equipment Rental Insurance Interest Licenses and Permits Maintenance and Repairs Motel Vouchers Office Outside Services Payroll Taxes Postage Professional Fees Rehab Center Rent Security Staff Expenses Storage Supplies Telephone Transportation Utilities Wages Subtotal Depreciation and Amortization TOTAL FUNCTIONAL EXPENSES Total Program Total Program Emergency Transitional Winter Encore Services Services Assistance Housing Shelter Program 2017 2016 $ - $ - $ 14,894 $ - $ 14,894 $ 15,007 12,743 - 19,564 598 32,905 22,121 90 - - - 90 292 10 - 210 - 220 291 2,554 - 11,848 - 14,402 12,201 42,759 - 1,061 - 43,820 15,565 3,386 - 1,072 - 4,458 3,281 2,631 - 1,020 219 3,870 5,717 6,525 - 14,560 802 21,887 20,668 409 - 75 - 484 520 4,625 - 14,752 - 19,377 43,749 _ _ - 4,875 4,875 11,586 2,700 - 540 - 3,240 15,400 - - 28,746 - 28,746 24,491 - 105 - - 3,209 - 3,209 " 3,557 216,110 - 1,517 - 217,627 194,194 3,689 - 401 - 4,090 3,598 1,093 - 108,667 - 109,760 108,840 _ _ - - - 1,380 62,140 - 100,020 7,178 169,338 181,663 361,464 - 322,156 13,672 697,292 684,226 405 - - - 405 405 $ 361,869 $ - $ 322,156 $ 13,672 $ 697,697 $ 684,631 The accompanying Notes to Financial Statements are an integral part of this statement -5- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS Equipment Rental Insurance Interest Licenses and Permits Maintenance and Repairs Motel Vouchers Office Outside Services Payroll Taxes Postage Professional Fees Rehab Center Rent Security Staff Expenses Storage Supplies Telephone Transportation Utilities Wages Subtotal Depreciation and Amortization TOTAL FUNCTIONAL EXPENSES STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2016 Total Emergency Transitional Winter Encore Program Assistance Housing Shelter Program Services - $ - $ - $ 15,007 $ - $ 15,007 9,398 822 10,402 1,499 22,121 292 - - - 292 184 - 107 - 291 2,496 - 9,705 - 12,201 14,503 - 1,062 - 15,565 2,242' - 1,039 - 3,281 2,596 309 1,945 867 5,717 4,904 312 14,056 1,396 20,668 437 - 83 - 520 16,374 5,200 22,175 - 43,749 - - 11,586 11,586 2,400 13,000 - - 15,400 - - 24,491 - 24,491 105 - - - 105 - - 3,557 - 3,557 188,619 75 5,500 - 194,194 3,323 - 275 - 3,598 1,961 - 106,879 - 108,840 - 1,380 - - 1,380 60,165 5,750 104,676 11,072 181,663 309,999 26,848 320,959 26,420 684,226 405 405 $ 310,404 $ 26,848 $ 320,959 $ 26,420 $ 684,631 The accompanying' Notes to Financial Statements are an integral part of this statement EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS STATEMENT OF CASH FLOWS FOR THE YEARS ENDED JUNE 30, 2017 AND 2016 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets Adjustments to reconcile change in net assets to net cash provided (used) by operating activities: Depreciation (Increase) decrease in assets: Grants receivable Prepaid expenses Increase (decrease) in liabilities: Accrued expenses CASH PROVIDED (USED) FOR OPERATING ACTIVITIES CASH FLOWS FROM FINANCING ACTIVITIES Payments on capital leases NET INCREASE (DECREASE) IN CASH CASH AT BEGINNING OF YEAR CASH AT END OF YEAR 2017 2016 $ (4,774) 405 (8,740) 4,447 $ 101,075 405 $0,581 498 6,701 (8,355) (1,961) 124,204 (709) (668) (2,670) 123,536 200,043 76,507 $ 197,373 $ 200,043 SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for; Income taxes $ - $ - Interest $ 90 $ 292 The accompanying Notes to Financial Statements are an integral part of this statement -7- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 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 provides the following program services: Emergency Assistance Transitional Housing — Bridge Program Winter Shelter Encore Program The Organization is supported primarily through grants and contributions. The Winter Shelter is operated between December and March and receives funding from the Los Angeles Homeless Services Authority and federal funding from the Emergency Food and Shelter Program. The Emergency Assistance Center is operated year-round and provides food, clothing, and hygiene products, among other services to at -risk and homeless persons. The transitional housing/bridge program assists families in transitioning to permanent homes through life skill education, intense case management, and financial counseling. The Encore Program supports ESGV Coalition for the Homeless' clients to access additional and mental health treatment manifested by, addictions through street outreach, case management, addiction treatment, and improved access to housing. 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. Cash and Cash Eguivalents - 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. Grants Receivable - The Organization considers its grants receivable to be fully collectible; accordingly, no allowance for doubtful accounts is required. If amounts become uncollectible, they will be charged to operations when that determination is made. 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. The Organization capitalizes all expenditures for property, furniture and equipment in excess of $500. sm EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 2. Summary of Significant Accounting Policies (continued) 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 subject 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. Support and Revenue - The Organization receives its grants and contracts from various Federal and State Agencies. Support received from these grants and contracts are recognized in the period earned. The Organization also receives donations from public and private foundations, fundraising events and other sources and recognizes these revenues when earned. 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. When restrictions are satisfied in the same accounting period as the receipt of the contribution, the Organization reports both the revenue and the related expense in the unrestricted net asset class. 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 year end there is an indeterminable amount of donated goods on hand for distribution. Contributed Services - During the years ended June 30, 2017 and 2016, the value of contributed services meeting the requirements for recognition in the financial statements was $- and $11,632, respectively for contributed accounting services. 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. There are no unrecognized tax benefits identified or recorded as liabilities for the year ended June 30, 2017. WE EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 2. Summary of Significant Accountina Policies (continued) Income Taxes (continued) - The Organization files form 990 in the U.S. federal jurisdiction and form 199 in the State of California. The Organization's federal and state returns are subject to possible examination by the taxing authorities until the expiration of the related statutes of limitations on those tax years. In general, the federal returns have a three year statute of limitations, and the state returns have a four year statute of limitations from the filing date. 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 Exaenses - The costs of providing the various programs and other activities have 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 Property and Equipment consist of the following: Furniture and office equipment, purchased Furniture and office equipment, donated Vehicles Total Furniture and Office Equipment Accumulated Depreciation Net Book Value Leased property consists of the following: Office equipment Accumulated amortization Net Value - leased property Net Fixed Assets 2017 2016 $ 2,342 $ 2,342 1,830 1,830 16,745 16,745 20,917 20,917 20,917 20,917 2,027 2,027 1,378 973 649 1,054 Depreciation expense for the years ended June 30, 2017 and 2016 was $- and $-, and amortization expense for capitalized leases totaled $405 and $405, respectively. Normal repair and maintenance costs are expensed as incurred. The depreciation policies followed by the Organization are described in Note 2. -10- EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 4. Restricted Deposits Included in cash are temporarily restricted contributions which consist of the following restrictions: 2017 2016 Use Restrictions - Program $12,500 $ 1,824 Time Restrictions 1,833 66,667 Total Restrictions $14,333 $68,491 6. Capital Leases The Company leases certain office equipment under capital leases. At the expiration of the lease terms, the Company may exercise options to purchase the equipment. Obligations under capital leases: 2017 2016 Equipment loan payable at $80 per month including interest at 27%, secured by an officer copier. The lease expires May 2017 Current portion of long term debt Non-current portion of capital lease obligations - 11 - $ - $ 708 709 $ EAST SAN GABRIEL VALLEY COALITION FOR THE HOMELESS .. NOTES TO FINANCIAL STATEMENTS Years Ended June 30, 2017 and 2016 6. Commitments and Contingencies The Organization leases its office facilities under month-to-month operating leases. Total rent expense related to these leases for the years ended June 30, 2017 and 2016 was $2,700 per year. The Organization leases two apartments for the transitional housing program. The rent expense related to these leases for the years ended June 30, 2017 and 2016 was $- and $13,000, respectively. This portion of the transitional housing program was discontinued on January 1, 2016. 7. Subseguent Events The Organization has evaluated events and transactions occurring subsequent to the statement of financial position date of June 30, 2017, for items that should potentially be recognized or disclosed in these financial statements. The evaluation was conducted through February 11, 2018, the date these financial statements were available to be. issued. No such material events or transactions were noted to have occurred. EPA FAMILY SERVICE CENTER City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: _Manuel Carrillo, Jr. _ Phone Number/Ext. _Ext. 314 (Previous Year Allocation):_$25,000 CDBG Amount Requested: $_.,25,000—Other Funds: $_57,500 Total: $_82,600 (Please attach a copy of your proposed budget) Project Description: Family Service Center 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 employment counseling homeless prevention referrals, mental health referrals emergency transportation case management referrals, tutoring, and educational services assistance Over 200 clients are assisted monthly at the center. Many of clients face severe economic hurdles Staff is committed to assisting_ those clients in need by identifying local resources and services The target service area is low to moderate low income residents. Staff is requesting the amount of $25,000.00 to offset the costs of full time staffing for the facility. As noted above the general fund contributes to the operation of the Family Service Center by covering expenses for utilities materials and supplies building maintenance outside printing and Dart time staffing. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths H,ouseholds Projected Number of Beneficiaries Served: Individuals or —500—Households For CDBG Department Use Only., Recommendation: Approved F-1 Deny = $ National Objective /Eligible Criteria A 1 1AV®'7= Flm4 01 Reviewed By., Approved: GRAFFITI REMOVAL City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: Victoria Valverde Phone Number/Ext. 960-3993 ext 513 (Previous Year Allocation): $30,000.00 CDBG Amount Requested: $40,000.00 Other Funds: $ Total: $40,000.00 (Please attach a copy of your proposed budget) Project Description: This request will provide the GAP the funding for graffiti abatement services at public facilities within the City of Baldwin Park including: City Civic Center, ARC Center, Morgan Park, Shyre Park, Hilda Solis Park (Teen Center/Skate Park), Barnes Park, and Walnut Creek Nature Park. The GAP will provide services to remove approximately 350,000 square feet per year throughout the community. The GAP currently provides free service for the removal of graffiti: in actuality, the responsibility is on the property owner. However, oftentimes the araffiti is not removed in a timely manner, necessitating the GAP to intervene for removal. The subsidy will assist by removing -graffiti throughout the community in the timely manner and more importantly the aesthetics of the community is maintained on a daily basis The Public Works Department/GAP desires to continue the current program of assisting wherever graffiti exist on the public facilities Therefore the department is requesting the funding of $40,000.00 to be reinstated for FY 2018/2019. Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: Individuals or Households For CDBG Department Use Only., �v�C Recommendation: JAN '4 �'01 �� 2019 Approved= Deny= $ �.� u II Ism. fl tl /;YY. e a a s PRIDE PROGRAM City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: David Leon (Previous Year Allocation): $20,000.00 Phone Number/Ext. (626) 960-1955 X 404 CDBG Amount Requested: $39,981.00 Other Funds: $00.00 Total: $39,981.00 (Please attach a copy of your proposed budget) Project Description: The PRIDE program is specifically designed to deal -with at risk youth. It utilizes proactive and innovative techniques for positive redirection. Overseen by Baldwin Park Police personnel, the 10 -week program offers treatment, prevention and disciplinary components to alter negative behavior. The PRIDE program is a collaborative effort between law enforcement and community-based organizations, with law enforcement being the facilitator. The objective of the program is to identify problems within the family that have surfaced through juvenile delinquency. Juveniles with antisocial behavior such as truancy, incorrigibility, minor law offenses, etc., may be considered for the program. The components of the program are: Intake Night, Counseling and Family Action, Community Service, Physical Training, Behavior Modification, Career Guidance and Classroom Curriculum. The requested funding will allow the Police Department to host one PRIDE program consisting of 40 youths. Accomplishment Data The goal of the program is to complete one 40 -youth PRIDE program with a 100% graduation rate. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Households Projected Number of Beneficiaries Served: 40 Households For CDBG Department Use Only.• Recommendation: Approved Den [:]$ National Objective /Eligible Criteria Comments: Reviewed By.• Appro Boot Camp Budget CDBG 2019/2020 Learning for Life / Insurance for POST 1906 $500.00 Museum of Tolerance $375.00 Staff and 40 students Bus Travel to Various Events $1,000.00 MRE Meals: $2,400.00 $80.00 x 30 cases Uniforms - Students $1,600.00 $40 x 40 Uniforms - Police Staff $2,000.00 $400 x 5 Graduation uniforms $600.00 $14.00 x 40 Salaries for Staff rate hours Officers (5) $43.31 100 $21,655.00 Supervisor (1) $54.27 100 $5,427.00 CSO (1) $25.78 100 $2,578.00 Miscellaneous: Plagues $613.00 Graduation Refreshments $220.00 O>r/ce Supplies $165.00 Speaker Fees $500.00 Drug Test Kits $348.00 TOTAL FOR ONE PRIDE BOOT CAMP PROGRAM: $39,981.00 RECREATION/SPORTS SUBSIDY City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person:—Manuel Carrillo, Jr. Phone Number/Ext. _Ext. 314 (Previous Year Allocatlon): $3 500 CDBG Amount Requested: $ 3,500 Other Funds: $ 7. 000 Total: $ 10,500 (Please attach a copy of your proposed budget) Project Description: Recreation Subsidy Program This program provides children of low -moderate and to very low income families in the community with a subsidy that will allow them to participate in organized youth sports programs and recreation classes Currently, the City offers 70% of a child's registration fees in an amount not to exceed $125.00 per child regardless of family size Staff requires that all participants provide proof of address and income verification The Recreation and Sports Subsidy program has been instrumental in providing children with an opportunity to receive positive recreational experiences regardless of their ability to pay. The entire amount of $3,500 will go directly to participating families, The department absorbs the remaining costs and/or expenses for utilities materials and supplies, building maintenance, outside printing expenses, and part time staffing. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Irilividuals Youths Households Projected Number of Beneficiaries Served: 75 Individuals or Households For CDBG Department Use Only., Recommendation: Approved = Deny = $ National Objective /Eligible Criteria Comments: Reviewed By.*, Approved:— JAN Oi '2010 ST. JOHN'S CHURCH SOCIAL SERVICES APPLICATION CHECKLIST ORGANIZATION St. John the Baptist Social 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 at (626) 960-4011 ext 354. 1. X APPLICATION FORM 2. X BUDGET PROPOSAL (ATTACHMENT A) 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 January 10, 2019. 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 -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2017-2018 PLEASE TYPE OR PRINT AGENCY INFORMATION Agency Name: St. John the Baptist Social Services Agency Address: 3883 Address Street Agency DUNS* 171092380 Administrator: Michael Ward Title: Director Of Social Services Administrator Telephone: L6) 337-4223 Fax: (626) 472--0029 Administrator Email: sibsocialservicesCc'@gmail com Project Site Address: 3912 Number StewartAve Baldwin Park 91706 _ Street city Zip Code Project Manager: Michael Ward Title: Director of Social Services Project Manager's Telephonel626) 337-4223 Fax: (626) 472-0029 Project Manager's Email: sibsocialservicesCc)Qmail.com 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). St. John the Baptist Social Services has been serving those in need since 1949 It offers ayg—riely of services re ardless of religious affiliation. These include food aid, citizenship test preparation emergency financial aid parenting and violence revention class aerobics/Zumba onsite CalFresh and Medi Cal registration health and wellness groiects and youth services The goal of the program is Iona -term solutions to issues clients face. Has the Agency previously received funding from the City of Baldwin Park? X Yes (if yes, number of years 9_1 No -4. PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested Scope of Services —.Please briefly describe your proposed Project/Program and the objectives. The parenting and violence prevention class gives clients the opportunity to improve their lives and those of their families and partners by,providing ways to reduce conflict levels and seek solutions for any long-term causes The class is taught by a licensed social worker who holds a MSW and currently works for the Downey USD. The course is offered in Spanish and/or English as needed by clients. The Los Angeles County Probation Department has also approved the class for clients needing court-ordered sessions (graduates receive certificates to show completion). In addition the program is augmented by other resources from the Social Services office such as food assistance lob placement assistance. etc. The clients are also contacted for follow -ug and case management. They also are aided with things like Thanksgiving Day food baskets to avoid potential issues during tense times like the holidays Client comments have been positive and several have returned voluntarily for additional sessions. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The clients are largely parents in distressed families Some are voluntarily attending. Others are via court order or probation department requirement (either due to personal actions or those of their children) Describe any special characteristics of your client population. Many of these families are in situations of either spousal/partner abuse and/or child abuse, drug use. etc. Many receive and require significant additional case management 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). Not Applicable For This Section 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 8 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 4. Number of family members. Yes X No 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. k - 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: M l C -6-14-g( 1 a/2D Print Name t .a".'t Signature -6- Director of Social Services Title of Officer 34ti wa-n.11 q1 20 /2 Date ACCOMPLISHMENT DATA Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used 'for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted 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 -7- Actual Projected 07/1/18 TO.Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS 7 10 NON-BALDWIN PARK RESIDENTS 0 0 -7- 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) X 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. BUDGET 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. -8- n + w N j o0 co -4 0, v, .Pl W a o m o o "C NCD CD. m 0 CD co A O H ' n w o= c° r CO) C_ pG';� cto e3p' 06 �' IM O c O a n 00 G)T o W i CO)=m CC ol rt C CL c � CL c o Q sr a) to a nn N to IM i � N 0 O -wyQ � 'D 03 CL RC $, �W a �. "n� ID CL cc C CL d Q i d m 3. U 0 M v -a -I m w N o m oo -4 a) Cn 4 w K) p 0 uci—' o O D 5 5 o o v o a= 0 (j) ca =3 co 5' cQ CD m :3cc c c cn .� m� O co3 :3 CO m o o m M c >to > W < a c� CL co is a w — (D rr CD r o � n �+ 0 0 o n n o 0 0 o O W a +).. 1 � N a co OD OD CA) O O O O O= cC Q_ �f �D fCrt N c 0 1 2 0 co 0 0 0 0 0 o c C a_ m fG rt � NN N cn 00 N 0 0 0 -' o 0 0 o O W` co +nM 1 M N N O m w 4 -► O Q '0 00 00 0 Asa CLCAo le c a � C CL cc COO COO O O O O c G O O O CL tC M 0 -v m v O 4 BOARD OF DIRECTORS 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 1.0felia De Guzman President 2019 2.Veronica Moreno Vice President 2019 3.Luisa Farrar Secretary 2020 . 4.Vctor Chavez Community Relations 2020 5.Lupe Villanueva 2021 6.Hector Carrillo 2020 7.Preciosa Marasingan Financial Secretary 2020 8.Ana Rosa Rodriguez Food Program Chair 2021 Name of Executive Director Michael Ward 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. -11- AGENCY CERTICATION As the Executive Director, or duly authorized representative of _St. John the Baptist Social Services (Agency), 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. certify and declare under penalty of perjury that the information provided in this application is true and correct. Nl L Gti A; L (,GnA1212 Print Name Signature ((626) 337-4223 Phone Number sjbsocialservicesO.g mail. com Email Address Director of Social Services Title of Officer a 4i Date Has the agency received notification of findings or concerns in the past 5 years? no If Yes, Please explain Please provide corrective actions taken: We St. John the Baptist Social Services Organization By -Laws St. John the Baptist Social Services operates under the auspices of St. John the Baptist Parish, which in turn operates under the Archdiocese of Los Angeles. For this reason there 'are no specific by-laws. St. John the Baptist Social Services Charter of Acts of Inco oration St. John the Baptist Social Services operates under the auspices of St. John the Baptist Parish, which in turn operates under the Archdiocese of Los Angeles. For this reason there are Acts of Incor or Parish was formed in 1946 under the Archdiocese, which is a Corporation Sole under the lap atf The State of California. ws of thhe e Infsthat Reveaud' Service 0,12M. ct olfec t� r WON 2"g, 1945. Belti.rnare. Qi�v�s:t No. Dairdre Rallaxatn Associate• General Counsel United -States Catholic Conference 311; 4th Street, N.F. Washington, D.C. 2001.7-1194 Dear Fa. D'allOran: o partmonC of tho treasury 31 Hoplritt;�� P;taza,; l�s�lt)more�..li�d: �?1�~ Teie�th�e. (..4.x.4} 95�r6#lfi8 In . a ru I4.., dAtsad 140ch.' ., : 940.., v4 held that. th1.04 and ,instruc 'tal.lties and all' '*ducatichal+ 'chai%t ,e. ' religious, institutions, apera.ted•, 'supervised', 'or'tlr011di . by oar' in. mss t n with tate ,R Catholic intrch iia, tine . nit4d Staitesg:,` its; t tos;igs .ar, posoa�atsfs 44 the .OaEfic3e3 C - z % e .Di ertsary. for .04f, tto eentitl-ed to ! + t n f iaaierai::iatcosanes ;t'ax, U, da'i ,provisions at sectjaia ,1:01..(8.) of, tom. Ihterrsa� ►enue Code of l r. w f t c tespaud2 to 's Ottah, t1 ��}.`t39 of 'tb�e f�l86 Cbde'. This' rill�ia# has bee�i. alsrlated suouaW �c e tine act�vi;ta:4s asc;d;id Co .or d�al+at fsrom efie Directorr. The 4ffiez"Al-Catholic Directory for'1995 shags the names or addresses of all agencies and instrumentalities and -ill edvcat%crsal, charitable, and religious institutions' Operated by thaw Rosnestl l;CatholiC Chsrcit in, the Uaited States, its territories and possessions in existence at the time tate Directory was published. It is understorod that 'eacR of these is a newt-err®fit Organization, that no part of the - net earnings thereof inures to the henefit of any individual, thatno substantial part of their activities is for promotion of legislation, and that .caste are private foundations wader section 509(aj of the Code. Based on all information submitted., we conclude that tics agencies and It instrumentalities. and educational, charitable, and religious institutions operated, supervised or controlled by or in connection with the Raman Catholic Church.in the United States; its territories or possessions appearing'in the Official Catholic Directory for 1995 are exempt from federal income tax ander section 501(c) (3) of the Code. Donors raay deduct contributions to the agencies, instrumentalities and institutions referred, to above, as provided by suction 170 of the Corse. "eats, legacies, devises, transfers, or gifts to them. or for. their use are deductible for .federal estate and gift tax. purposes under sections 2055, 2106, and 2522 of the Code, -2 - hs. D..�r�x.e Saharan, ✓ 8egi"ing .1-98.4, dult", speciti.cally. *xdo:0,tod, you a" your. t6 ididiriates must" pay tax under' the Federal Insurance Contributions Act (Social Security taxes) for each employee vho is pari 8140 or more in a calendar. year. You and your subordinates are not liable for tax under the Federal Unemployment Tax Act (FUTA). Next year, within 9.0 days before the close of your annexal accounting period, or by May 31, the data established by our letter of April 280 1975, which gave an extension of time to file the information, please send one. copy of the Official Catholic Directory of 1995 for each Internal Revenue District. in Which one or more of your subordinates are located, with four additional .copies to this. office. The conditions concerning the retention, of, your group exemption as set forth in our previous determination letter of August 17, 1983 remain is full fares and onset. . Sincerely your*, Pawl M. Barrington District Director or 8/9/2018 Annual Parish Report FY 2018- St. John the Baptist 462 Receipts Annual Parish Report FY 2018- St. John the Baptist 462 Questions 1. Are there any Bank Accounts other than those in the name of theNo — v parish or the diocese? (Including club bank accounts, PTO bank accounts, etc.) 2. How many Catholics are in your parish? 120,000 3. How many Catholic families are in your parish? 10,000 4. Pledge Caplta CamRaaign hffne•//fernf Ia_arnhrlinnPaa nrn/FRRPT/nariah/nrinf nar am 7/11 YOUTH EMPLOYMENT City of Baldwin Park FY 2019-2020 Community Development Block Grant Funds Public Service Request for Funds Contact Person: _Manuel Carrillo, Jr. Phone Number/Ext. _Ext. 314 (Previous Year Allocatlon):_$15 000 CDBG Amount Requested: $ 18.000 Other Funds: $ 15,000 Total: $ 33,000 (Please attach a copy of your proposed budget) Project Description: Youth Employment Program The program provides summer iob opportunities for youth in the Baldwin Park community who need employment experience The program provides iob opportunities for low to low -moderate income youth aged between 16 to 21 years old. Each student will receive approximately 150 hours of work experience The youth employment program complements the City by acting as a feeder program for regular part-time positions Every year, all funds are exhausted and with the minimum wage increase this will be an additional factor in the costs of the program this year. The youth play a valuable role and benefit from this valuable learning opportunity while they contribute to the daily operations of the City. The entire allocated amount goes towards funding the salary for the youth who are employed and due to the continuous increases in wages we will have to reduce the number of participants if additional funding is not provided 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. (Please attach additional sheet to provide additional Information if needed) Accomplishment Data Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. PLEASE SELECT AND CIRCLE ONLY OF THE FOLLOWING REPORTING DATA. Individuals Youths Households Projected Number of Beneficiaries Served: _8—Individuals or Households For CDBG Department Use Only. Recommendation: Approved = Deny a $ National Objective/ Eligible Criteria Comments: Reviewed By: YWCA OF SAN GABRIEL VALLEY APPLICATION CHECKLIST ORGANIZATION 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 at (626) 960-4011 ext 364. 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 January 10, 201 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. -3- FUNDING APPLICATION BALDWIN PARK COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2017-2018 PLEASE TYPE OR PRINT I. AGENCY INFORMATION Agency Name: YWCA San Gabriel Valley Agency Address: 943 N. Grand Avenue Covina, California 91724 Agency DUNS#: 626495519 Administrator: Ana Interiano Title: Chief Program Officer Administrator Telephone: (626) 214-9451 Fax: (626) 814-0447 Administrator Email: Ana!O-ywcasay.ora Project Site Address: 4100 Baldwin Park Blvd. Baldwin Park, California 91706 Project Manager: Title: Project Manager's Telephone: Fax: Project Manager's Email: 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). The YWCA Senior Services Program provides individualized services that enable older persons to live in their homes with independence and dignity. Our focus is on reducing the risk of institutionalization and on reducing barriers to service experienced by older adults. Services can be provided in the home, senior center, or any accessible location that ensures safety and confidentiality. Our services are provided in the San Gabriel, East Los Angeles, and Pomona Valley. Partnering with various organizations, the YWCA provides a variety of effective resources to help people age 60 and over and those over the age of 18 with disabilities. Our services are designed to relieve distress, alleviate social iso,�n� ,rA-t �nior and .._ nrsvnn nmo mq -4- persons with disabilities are able to remain as independent as possible — which, for many, means providing the services necessary to enable them to stay in their own homes. Telephone Reassurance is provided through phone calls to homebound older persons. These telephone calls are a consistent point of contact, friendship, reassurance and a source for information about programs and services. Home Delivered Meals program provides healthy meals to homebound seniors. The meals can be hot lunches that are delivered each weekday or can be frozen meals that are delivered in a package. Congregate Meal program is offered at 24 locations throughout the San Gabriel Valley, San Fernando, and East Los Angeles. We provide Community Outreach through our Senior Services program. We provide and disseminate program information to the public on what services may be available to potential clients and also market program services to all ethnic groups. Senior Services Case Management Program is of critical importance to frail, homebound seniors. The program connects seniors with a broad array of services and support to enable them to remain in their homes. Services include transportation, case management, information and referrals, housekeeping services, respite care, legal services, referrals to mental health services, and community education. Services are offered at many of the local senior centers, client homes, and at the YWCA office. Has the Agency previously received funding from the City of Baldwin Park? Yes (if yes, number of years ) X No PROJECT PROPOSAL AND DESCRIPTION Grant Amount Requested $10,000 Scope of Services — Please briefly describe your proposed Project/Program and the objectives. The goal of the YWCA Case Management Services (Case Management and Information & Referral/Assistance Services) is to connect seniors with a broad array of services that enable them to remain in their homes for as long as possible. These services include but are not limited to: • Access to services such as transportation, case management, information and assistance; and in-home services such as personal care, chore, and homemaker assistance. • Community services such as legal services, mental health services, and adult day care. • Community education and related programming that help to coordinate and integrate services for seniors such as health screening, exercise/health programs, etc. Case Mananers will provide 16 hours of on-site service Per month at the Baldwin Park Senior Center and an averane of 4 hours services off-site In clients, homes weekly. The YWCA San Gabriel Valley Senior Services' model of providing effective Case Management . and Information and Referral Assistance Services is based on the concept of linking clients to a culturally competent, locally accessible and cost-effective integrated continuum of supportive services. In addition, our agency has proven its ability to respond in a timely manner to client's requests for service, and within several hours if the request is urgent. -5- Cultural/Linguistic Competencv Every one of our current case managers is either bilingual or multi-lingual; therefore, we are able to eliminate cultural/linguistic barriers to service and quickly connect clients with appropriate solutions and services. Our staffs cultural diversity eliminates cultural barriers to the linking of supportive services. Integrated Continuum of Services — The YWCA's broad range of supportive services which includes multiple nutrition service options, case management, information & referral/assistance, telephone reassurance, homemaking/chore service, and extensive outreach, education and referral services supports our goal of a seamless system of care for older adults who wish to continue living independently, Including those who are frail. Local Access — Another advantage of our supportive services/case management program is that we connect on a daily basis with our target population due to our extensive service delivery system of 23 senior activity and meal centers and our large home delivered meals service area. Social service agencies within our service area are familiar with YWCA Senior Services and do not hesitate to contact us if they have questions or referrals. Many of our clients are able to continue to function in their own homes, and in most cases improve their quality of life, by reaching or maintaining a thriving, safe or stable self-sufficiency baseline. Our case management model follows traditional methodologies based on the National Association of Social Workers (NASW) protocols with the ultimate goal of increasing clients' self-sufl:lclency and assisting them to achieve their full potential. Beneficiaries — Please briefly describe the clientele that will benefit from your services (i.e. homeless youth, the elderly, disabled, handicapped, etc.) The clientele that will benefit from our case management services will be the elderly and disabled adults. Describe any special characteristics of your client population. The YWCA San Gabriel Valley will provide Senior Case Management, with Information & Referral Assistance services for seniors and/or disabled adults residing in Baldwin Park. This program will serve senior clients with primarily low to moderate income. These seniors and/or disabled adults, based on our experience, will also have health, social, emotional and housing issues. Our goal is to keep seniors healthy and enable them to age in place with the ultimate goal of increasing their self-sufficiency and assisting them to achieve their full potential. The clientele that will benefit from our case management services will be the elderly and disabled adults. 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). We have not received previous funding through Baldwin Park's CDBG program. CLIENT INTAKE INFORMATION The U.S. Department of Housing and Urban Development (HUD) requires that agencies -6- 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 8 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 4. Number of family members. Yes—X— No 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: Print Name Signature ACCOMPLISHMENT DATA -7- Title of Officer Date Pursuant to HUD regulations, each agency must document and report measurable accomplishments to support that the services offered by the agency has made a substantial improvement to the lives or neighborhoods of the City's low to moderate income residents. Therefore, in order to ensure accurate reporting and compliance with regulations, your agency must specify the format that will be used for reporting purposes (example: Individuals, Households or Youths) To determine the best form of data, please consider if the services provided will assist a direct individual or youth or the entire household. Please also note that the selected reporting data must be used throughout the entire year. The reporting accomplishment data to be used by our agency will be: PLEASE CIRCLE ONLY ONE OF THE FOLLOWING: Individuals Youths Households Please provide the actual number of your agency's total clients assisted to date and the aroiected data for the upcoming fiscal year. Please complete this table regardless if you receive CDBG funding for this current year • Actual Projected 07/1/18 TO Current 07/01/19 TO 06/30/20 BALDWIN PARK RESIDENTS 34 80 NON-BALDWIN PARK RESIDENTS 188 400 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). -s- ■ 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 who household income does not exceed the CDBG eligible income limit. C) The projects limits services to only CDBG eligible -income persons. BUDGET 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. -9- n P W N -' W -4CD01-0-W N a —cn ..m CL aCtRL CD CD _�:��p. CD 0 N - OCL CL �a� a a o CL y 1XI T n 00 1-10 G)V N v o co p'a CL N0 C� CL �* N CL 9 � CL c - N y f0 4 y O � O -�+ co 7 'o CL n 03 p CL c.0 -n �a CL — m a C CL qm c' 0 i N �1 a N O m V C M -� —� ccs oo ., rn w� w K) p o 'o N —I " D O K --I C X O 0 0 Q co a co CD a .+ A► rn cQ .a 0 0 v 3 a m "v "3 m CD m—m -� m OD C = a CD cu C/)' c' cr CD >< � g. c — c CD CL 7Si C:cD N C y rr a sv N N CD y �D N n 00 N co I m o 1 7 2 y rr ' O c � � S � C C m ma_ � � E a C -4 � -4 N N -4 to N C a Z v O to � O O CL y c° a W � c CL m -n —I e� °5, CL_ m BOARD OF DIRECTORS 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. YWCA San Gabriel Valley 2019-2020 Board of Directors Roste Name Title Term Expires 1. 2. 3. 4. 5. 6. 7. 8. Name of Executive Director: Debra Ward 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. -12- co m CD m m ro � as a� 0 2 m d 0 c cQ < 33CD co 3. a m ° d � � N a cr m m CD m U° -o '�� O cc m (DQ. � '•� O ML m 3 0 r« 0. CJ)" CD o !v Q) oo�' ov io CIL oa�i 3 0 �c 0= n 7 0cD Q• n c CO) n �. CD CD CL co o o Z o 0 1 o CD or s = co > > 3 W < � w caro w m d n �. n� m a N =rN CA Q3 S (•+fl Q 0 v 3 o �. w W 3 :: 3 3 o O 3 3 t mI X 'e} C Ol s N N N O N N i0J7 N .. T T .i 0 CD 0) `.� •V��( 00 Op'�' OD N c0 0o cWco N v Q Ca is h> N V N N ULn7 �1 f�jl '�1 N 00 N N N N 00 N W CJ1 O t, AGENCY CERTICATION As the Executive Director, or duly authorized representative of YWCA San Gabriel Valley, 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. Ana Interiano Chief Program Officer Signature Date (626) 214-9451 Phone Number anaiCaD-vwcasay.ora Email Address Has the agency received notification of findings or concerns in the past 5 years? If Yes, Please explain: No findings or concerns in the past 5 years. Please provide corrective actions taken: N/A -13- State of California Secretary of State CERTIFICATE OF STATUS ENTITY NAME: YWCA OF SAN GABRIEL VALLEY FILE NUMBER: C0163628 FORMATION DATE: 08/05/1935 TYPE: DOMESTIC NONPROFIT CORPORATION JURISDICTION: CALIFORNIA STATUS: ACTIVE (GOOD STANDING) I, .ALEX PADILLA, Secretary of State of the ptate of California, hereby. certify:. The records of this office indicate, the entity is authorized to exercise all of its powers, rights and privileges 3n the State of California. ,No information is available from this office regarding the financial condition, business activities or practices of the entity. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State -of California this day of January 22, 2015. ALEX PADILLA Se rotary of State NP -75 (REV 09/2015) MAK Form,990 choct If opplfabjo: AWiess charVe Irdtisl return A*-reWWWWrated Mwoo�rffim bApplication ponding Rqturh of Orgonization Exempt From Income Tax Undetsettlon-501(c)o 527, 6r 4947(a)(1)of tfte InternalCqde (e�. R06iiiip qppl !Vale butidglions) 00 (i dt eiitiar-soclalaii`riti ttimkeriqIi thls4bM,as:kMaj beinade ► information ilJoWomI90 irid 6 j6.irudtibhflA:X w#)c r:s.yov1fW7n990. of San Gabriel Valley A, CA41724 and address 0 pdnc4W of Ana Interiano AS C Above (a) I j SQUID) (WSO-W) , I 149747(SXI)o LS '• RM ,tion 'I I tnM I I Aes-Wo. Oftri- L Qarlzatlori'smlotion or most q9tjAle0�. :lianh iut- lng- WA, Emi - nP9,KqL'RgL Yqb O!AP No. ),%-0047 "MMw IQ G'ad fiw* $. 'Ar is It" sprow..raturn for subww"s Ail safth a iy"0a11 s" ind 11"re No" t. Zzwo* nuwber No 2 Check this 3& 71- TFth; –0io7n 1–zp–tiTn –d&76i: �tQ;6THi'WbrifFoR ;FAOoWd.- 3Criid'T,-- than "W.of its,netassets.– a NuMOer 61"vbUrIg, mpm)bars 9fthe gqveming,b(?,;dy(mart V1, line jp). ..................................... is, 4 Number of Indopand6nt voting members of thagoverning body- (Par . t VI, line, 10 -4 ID 5 Total nuft ry `9 .,erbfln,OiVlduqlsi�mployedihp.pjer)04 year .......................... 5 16 6 Total number of volunteers. (estimate It necessary) ............................. 4- .............. ....... . F, 28 Is Tbtail phrOlated business revenue .from Part VAI, colOmn (0), line 12 ................................ ...... 71 '0. b, Net unrelated business taxable Income from F&M,990-T.; lino,34. .. --- .. ... t ........................ f'. 7b 4. 90 Total assets, (Fart.9, line 16) ......................................................... 21 T.#tql liabilities (POO X. lino26) ............ ! ............... I... 1 1. .— ... I .............. .22 Net assets or fund balances. Subtract line 21 from line 20...,.. j ... o.. i..! Under �o.I.I.;Wolury I deciare that o ilio- Net of nyWrwMedge-enil belief, ft1s,truo,;orroL mt' Ain?ftU'?Pprd to .1. and parer (other that( .90 W=12 =&nAno aciiqddo� Sion tore r O Here Ata Interiano Interim CEO ,Ty pe, or panywo" qpd,utle Paid Rdlland Vasin lRolland Vasln I 5/UB/:L8 self-elfww" fteprer r1we harm J, vasig, Heyft & C,6Mi• a'ny Use Onfy Firrresiddreb, '* 5.0, 00 N. Patk*ky CAIAbhsAs 4201 flrme 41N May the IRS discuss this return.with tht prepares' shown. above? (see instructions) ,,, ....... LN Tq$l . U Mo• 'SAA For Papiirwork Red0clidn Act: Notidoitee,the seo#AtO instructions. TE"M'4 11/164 Form 99 (21316) 9 Contributions- anO grants (Part, VIII, line lh) .......... ........ –, – ..., – - -,- - - - i, - - - 9 Program se(vice revenue (Part Vill', line. 2g). ........................................ le Investment inddirna, (Port VIII, column (A)i lines 3, 4, AM 7d)....... ............. 11 Other revenue (411artVill, column (A), lines 5, 6d, 8c, 0c, 100., and 11e)., • .. , • . le)........ 12 Total revenue – 440, lines 8 through. 11. eiiva):Part All', column .(A), ilne 12).—• M79. 'L: 57,198 —7,11 ,, . 782,350, 703, 3129. -23 14-915. 86, 09,2 -94r,013g 983, 109 7,&6-9,655. .19 U Grants and siftlite amount;;, paid (Part JX, column (A);, lines 1-3) ..................... 14 Benefits paid tp or for meMbers ;(Part IX, oplumn (N.', line 4) ........ ........... IS Salaries, other ;ompensAtion, employee WOW ffPort jX,,column (A), lines 5-10)...... lta Professional - fundralsing ioas (Port IX, columh (A), line 11a). •. ........:..... b. Total fundrai$ing expenses OartAX, column, (15):, line .25) 17 ........ 18 t6fal expenses. Arid lines 13-17 (must equal Pait JX, column (A), line 25) .... Revenue less..expiinses. tubtract,11he 18 from line 12 ............... ... . . ; . A, . . 4.816,090, 41,550,615, $13D21925.1 7, 913, *984, -M-, -736- 1 -44,179. 90 Total assets, (Fart.9, line 16) ......................................................... 21 T.#tql liabilities (POO X. lino26) ............ ! ............... I... 1 1. .— ... I .............. .22 Net assets or fund balances. Subtract line 21 from line 20...,.. j ... o.. i..! Under �o.I.I.;Wolury I deciare that o ilio- Net of nyWrwMedge-enil belief, ft1s,truo,;orroL mt' Ain?ftU'?Pprd to .1. and parer (other that( .90 W=12 =&nAno aciiqddo� Sion tore r O Here Ata Interiano Interim CEO ,Ty pe, or panywo" qpd,utle Paid Rdlland Vasin lRolland Vasln I 5/UB/:L8 self-elfww" fteprer r1we harm J, vasig, Heyft & C,6Mi• a'ny Use Onfy Firrresiddreb, '* 5.0, 00 N. Patk*ky CAIAbhsAs 4201 flrme 41N May the IRS discuss this return.with tht prepares' shown. above? (see instructions) ,,, ....... LN Tq$l . U Mo• 'SAA For Papiirwork Red0clidn Act: Notidoitee,the seo#AtO instructions. TE"M'4 11/164 Form 99 (21316) A -nonprofit public benefit corporation Is required to furnish an additional copy of a corporate document for forwarding the Office of the Attorney General. One of your copies has been sent by this office in compliance with Section 5120(d), California Corporations Code. SECRETARY OF STATE A0524099 51 I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached page(s) of transcript has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. 8"M Form 01.107 (rev. areal IN WITNESS WHEREOF, 1 execute this certificate and affix the Great Seal of the State of California this day of Secretary of State ov 0 Isms a A0524099 CERTIFICATE OF AMENDMENT �ENDORSED m-�FILED ft OF of t stare at e of Caglonga ARTICLES OF INCORPORATION MAR 81 X999 SM JONES, Seord" d bb The undersigned certify► that: 1. They are the president and the secretary, respectively, of SAN GABRIEL VALLEY YOUNG WOMEN'S CHRISTIAN ASSOCIATION. 2. Article First of the Articles of Incorporation of this corporation is amended to read ass follows: That the name of this corporation is: YWCA of $an Gabriel YaIlev 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 the required vote of the members. We hw&er declare under penalty of penury under the laws of the State of California that the matters set forth in this certf fate are true and correct of our own knowledge. DATE: '34 e / t ,TERN NrNM SE ARY I CONSTITUTION AND BY LAMS OF THE SAN GABRIEL VALLEY YOUNG WOMEN'S CHRISTIAN ASSOCIATION ARTICLEI.NAME AND MISSION The Young Women's Christian Association 'Of the San Gabriel Valley, an affiliate of the Young Women's Christian Association of the United States of America, makes the following statement of Mission: The Young Women's Christian Association of the United States of America is a women's membership movement nourished by its root in the Christian faith and sustained by the richness of many beliefs and values. Strengthened by diversity, the Association draws together members who strive to create opportunities for women's growth, leadership and power in order to attain a common vision: I Peace, justice, freedom and dignity for all people. The Association will thrust its collective power toward the elimination of racism wherever it exists and by any means necessary. ARTICLE II.MEMBERSHIP Section 1.IFICATIONS, REaunuzwsAND PRIVILEGES (a) ;?ualifications for all members: Any woman or girl twelve X12) years of age or older, may join the YWCA. (b) ,MEMBERSHIP DUES Payment of dues is required. The amount of membership dues is as follows: (1) ADULT All members seventeen years of age and'over and out of school pay minimum dues of $20.00 per year, or $7.00 per year for seniors. A Family Packet is available for women which includes membership for the woman and included are all .of her children under age 12. Membership is $20.00 per year. (2) TEENAGE All members in school through the twelfth grade, and all members below seventeen years and not in school, pay membership dues of $10.00 per year* (c) EXEMPTIONS Members of certain program groups may be exempted from YWCA membership by action of the Board of Directors. Exemptions should be reviewed annually. (d) Qualifications foryot.ng Members All members, fifteen (15) years of age or older, shall have the privilege of voting- Section 2. Membership of individuals in the National Association Membership in a member.Association includes•membership in the YWCA of the United States of America, which is a participating member of the World YWCA. Section 3. Transfer of Membership Members from any other member Association of the YWCA of the U.S.A. may transfer their membership to this YWCA Association. ARTICLE III.RESPONSIBILITIES OF VOTING MEMBERS Section 1. As Individuals The voting members, acting in accordance with provisions in this Constitution are responsible for: (a) electing a Board of Directors. (b) electing a Nominating Committee and any other standing committee's specified in this document as elected committees. Section 2. As a Corporate Body The voting members, acting in accordance with provisions in this Constitution are responsible for: (a) voting on any changes in the Constitution and on'any questions affecting the membership in the Young Womea's Christian Association of the United States of America: (b) discharging such other responsibilities as.are outlined in this Constitution such as receiving the report of the Board of Directors for the past year, discussing proposals for the ensuing year, and acting on matters submitted by the Board of Directors for vote of the membership meetings. ARTICLE IV.MEMBERSHIP MEETINGS AND MEMBERSHIP EVENTS Section 1.Membership Meetings (a) Regular membership meetings._ At least two membership meetings shall be held during the year, one of which shall be the annual business meeting and shall be held in October. (b) Special membership meetings. Membership meetings, other than those provided for in Section 1, a, shall be called by the president upon action of the Board of Directors or upon the written request of twenty five or more voting members. Notice of such a meeting shall be given at least two weeks -in advance of the meeting anji shall state matters to be considered, and no other business shall be transacted. Section 2.AGENDA (a)Agenda Committee. The president shall appoint a committee to prepare the agenda for each memberahiP meeting. The committee shall include representatives from the Board of Directors, the committee responsible for membership development and administration,' and other YWCA leaders who w.i:l register areas of concIrn of the membership. (b)Agenda. The agenda shall include matters of importance to the Association upon which the opinion of the voting members is desired. It shall be prepared and submitted to the Board of Directors or to the Executive Committee for approval in advance of the membership meeting. The Board or the Executive Committee shall determine whether these matters are to be presented to the membership for discussion only or are to be submitted for action. (c) agenda for the annual business meeting. The agenda for the annual meet pg of the Association shall include a report by the Board of Directors of the work of the Association during the past year, including a presentation of program and finance. Section 3.PARTICIPATION IN MEMBERSHIP MEETINGS (a) Voting members, Members, fifteen years of age and over, shall have the privilege of voting at membership meetings 1n accordance with Article II, Section 1, c, of this Constitution. Section 4. u$ DAVM (a) Twenty-five(25) voting members of the Association plus a majority of the Board of Directors, shall constitute a quorum at membership meetings. ARTICLE V.NONMEMBER PARTICIPANTS Section 1.Y'WCA Associates. Men and Boys, twelve (12) years of age or over may participate in YWCA programs. They pay registration -fees as determined by the YWCA Board of Directors. ARr+)riates do not have voting privileges. Section 2.Children Under 12. Children under twelve (12) years of age, participating in YMCA of San Gabriel Valley programs, shall pay a registration fee as determined by the YWCA Board of Directors. ARTICLE VI.QUALIFICATIONS FOR VOTING DELEGATES -TO CONVENTION. Voting delegates.to conventions of the National Association must be voting members who have consented to individual acceptance of responsibility to further the achievement of the mission in the life of the Association. ARTICLE VII. UQ ALIFICATIONS FOR MEMBER OF THE BOARD OF DIRECTORS, OF THE NOMINATING COMHITTEEI AND OF STANDING CCWITTEES. Members of the Board of Directors, the Nominating Committee, and Standing Committees must be voting members who have consented to individual acceptance of responsibility to further the xlchievement of the Mission in the life of the Association. ARTICLE VIII.BCARD OF DIRECTORS. Section I.Number of Directors. The authorized number of directors shall not be less than 155 nor more than 30 until changed by an amendment of the 4 (i) electing the officers of the Associations ;t,;....N .. establishing the program of the Association and the Section 2.Responsibilities (k) determining those matters to be presented at membership Responsibility for carrying on the work of the Association shall be delegated to the Board of Directors by the electorate of the Association. As the elected leaders of the YWCA, the Board of Directors is responsible for; membership meeting on matters presented for discussion (a) maintaining the YWCA as a separate autonomous women's only. organization with an established Missions reporting at the annual business meeting on the work of (b) fostering development of the Association as a woman's the Association during the past year and on plans for the membership movement; ensuing year; (c) communicating the Mission to members and assuring that approving all contracts and leases; they,have opportunities to take part in furthering its K of Direqtors. (d) detemining..and,carrying out the policies and program of 3.Election, Term of Office Vacancies. the Association; Election. one-third of the entire number of the Board of D rectors exclusive of ex -officio members,,, shall be insuring that the Association's policies and practices elected annually by voting members from candidates this reflect the YNCAIS organizational commitment to racial, nominated according to provisions in Article XX of 7 ethnic and cultural diversity; document. (f) controlling operating funds and capital assets for the use and benefit of the Association; assuming finil responsibility for personnel policies and for employment of staff, requiring the Chief Executive officer to be a voting member or associate of the Association; (h) maintaining a responsible,relationship with the National Association in accordance with Article 11 of the National Constitution; (i) electing the officers of the Associations ;t,;....N .. establishing the program of the Association and the planning process by which it is determined. (k) determining those matters to be presented at membership meeting for review and discussion and those matters to be submitted for vote. The Board shall accept the action of the membership meetings on those matters submitted for the vote and shall take into account the discussion at membership meeting on matters presented for discussion only. (1) reporting at the annual business meeting on the work of the Association during the past year and on plans for the ensuing year; (m) approving all contracts and leases; (n) determining the number of directors composing the Board of Direqtors. Section 3.Election, Term of Office Vacancies. Election. one-third of the entire number of the Board of D rectors exclusive of ex -officio members,,, shall be elected annually by voting members from candidates this nominated according to provisions in Article XX of 7 document. �•*I• r (b) Term of Office. The term of office is three years. The c;• ;. r::�: rw. to of the annual business meeting of the membership a which election of board members is reported is the date on which such terms of Office begin and expire. No , member of the Board of Directors may serve more than wo :. •.;- • , full 'terms in succession unless exception is made •:�:.: according to the following provisions .:r';,'`: (1) Exception may be made when renomination to the Board ' of Directors is requested by the Nominating Committee of the Hoard in order that the member .,:",�'-••: serving two full terms previously may be nominated for her first term as president of the Association. (2) Exception may be made to extend the term of a president by nominating her to fill a vacancy for Y. not more than two years of an unexpired term when in t hs unusual circumstances require continuity office of -president. Gil: •••: :. •; (c) Vacancies . Any vacancy occurring in the interim between ;,,.,: • , . ,'; annual elections shall be filled by the Board of ;.:I..,;, •:, ;::, Directors from nominations made by the Association's Nominating Committee. The person elected to fill such a vacancy shall then be eligible for nomination and election for two succeeding full terms. Section 4.Place of Meeting. Meetings of the Board shall be held at any place within or =.'r„ 4•>' the State of California which has been designated from without time* to time by the Board. in the absence of such designation, :- . •, regular meetings shall be held at the principal office of the v Corporation. Section 5.Annual Meetings. ': ••,,, �';` The Board shall hold an annual meeting, at a time and place designated by the Board, for the purpose of organization, selection of directors and officers and the transaction o :y •, other business. Section 6.Regulaz Meetings. There shall be not less than ten(10) monthly meetings of the ' Board at such time and place as the Board shall,determine. in the absence of such designation, regular meetings shall be held at the principal office of the Corporation on the fourth Monday of the month. Written notices of such meetings shall be sent to the directors at least one week in advance of such �`„r ;, ,•:,: meetings. Section 7.Action without Meeting. '``""'f``'� Any action required or permitted to be taken by the Board may '`' be taken without a meeting provided that each director shall consent in writing to such action. Such consent is tantamount to unanimous vote and shall be filed with the minutes of the proceedings of the Board. Section e.Special Meetings. Special meetings of the Board for any purpose may be called at any time by the president, any vice- president, the secretary, or•any two directors. No business shall be transapted at any issued. special meetings except that for which the call ib Special meetings of the Board shall be held upon 2 days notice by first-class mail or 24 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 directors address as it is shown upon the records of the Corporation by the director for records or is ose of notice not or if readily such a$ ertainable# not at Shown u the place in which the meetings of the directors are regularly held. Notice by mail shall be deemed to have been given at the time 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 ng notice haserson at trheason to believe e of the rwillient who promptlythe�te into the receiver. Section 9. Quorum. A majority of the authorized number of directors constitutes a quorum of the Board for the transaction of business. Every act or decision done or made by a majority of the directors present at a meeting at which a quorum is present shall be regarded as an act of the Boar i. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors which would reduce the number to less than eight members. If any action is taken, it must be approved by at least a majority of the required quorum for such meeting. Section 10.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 meetings 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 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, consent and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Section 12.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 time and place be fixed at the meeting 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 resumption of the meeting to the directors who ,were not present at the time of adjournment. Section 13.Riahts Of Inspection. •'.1527'11. iy Every director shall have the -absolute right at any reasonable time to inspect any copy, of 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 14.Committees of The Board ofDirectors. t` ' (a) Standina and special committees. There shall be such standing and special committees or the Board of Directors as are required to carry on its work. r (b) Chair ersons. The chairpersons of all standing comm .ttees,of the Board of Directors shall be members of the Board. �f ARTICLE X.OFFICERS OF THE ASSOCIATION. Section l.Officers The officers of the Association are a president, one or more -; ;"%•.:::. vice presidents, a secretary, and a treasurer. They also 1"'' �•'` serve as officers of the Board of Directors. Section 2.Duties. ':^"=`:`.�•' (a) President. The president of the Association presides at apneas meetings of the membership. (b) Vice -President or Presidents). The vice president .'.<":ir: ` ° `'•:. _.(Vice (or v cs presidents), in order shall have all the powers �:• . and perform all the duties of the president in her absence. (c) Secretary. The Secretary of the Association serves as the secretary of membership meetings She sees that members are properly notified According to procedures approved by the 6hari nf Directorb. She is responsible for keeping a record of attendance at membership meetings, including a record of all actions taken. She may be assisted by recorders appointed by the president. (d) Treasurer. The treasurer has charge of the funds of the Association and secures the deposit of the funds in the name of the Association in a bank designated by the Board of Directors. She is responsible for the Association's use of approved methods of accounting. At the close of ` .;{ }.•.- ';' the fiscal year, the treasurer submits the books to a ..' Sh.• "fy' •. qualified auditor approved by the Board of Directors. She ,.;',,r..;.•; ';,; sees that a complete financial statement is resented at n. the annual business meeting of the Associatf The treasurer is responsible for seeing that all financial obligations to the National Association are :'..; paid at the time designated by the Board of Directors or the Finance Committee.. These obligations include Association national support payments for transmittal to the National office. Section 3.Election. The officers are chosen by ballot of the Board of Directors from among its elected members at the board meeting preceding the annual election and in accordance with provisions in the bylaws of the Board of Directors. They serve for ohs year or ' until their successors are elected. ARTICLE X.INDEMNIFICATIONS. Section ;.Definitions. For the purposes of this Article X, "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 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; *proceeding" 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 uncler Sections 4 or 5(b) of this Article X. Section 2.Indemnification In Actions by Third Parties. 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 proceeding (other than an action by or in the right of the Corporation of the California Nonprofit Public Benefit 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, judgements, 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 contendere 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 urs i ewt •i 1. Section 3. 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 Non-profit Public Benefit 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 reasonable incurred by such person in connection with the defense or+settlement of such action if such person acted in good faith, in a manner 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 person shall have 'been adjudged to be liable to'ths Corporation in the performance of such person's duty to the Corporation, unless and only to the extent that the i.n..r'F 4v% iali'i n i mfran "rnraistil n0 is or was vending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to -indemnification for the expenses which such court shall determines (b) Of amounts paid in settling or otherwise disposing of a '"`'''"` threatened or pending action, with or without court ;' Ju: approvals or °= �' : �- .•: (c) Of expense 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. Section 4.Indemnification Against Expenses ••. To the extent that an agent of the Corporation has been ,,;; , ; ; ; +' ••:'.•s�;':;;,: successful on the merits in defense of any proceeding referred to in Sections 2 or 3 of this Article X or in .•,r s •1• ,. • fr .. defense of any claim, issue or matter therein, the agent shat be indemnified against expenses actually and reasonably �;•,•. •.. , ;+•.:,: incurred by the agent in connection therewith. Section 5.Re�auired 'Determinations. Except as provided in section 4 of this Article X, any :: ;.. indemnification under this Article X shall be made by the ,'•.::"�;;" Corporation only if authorized in the specific case, upon a .:•d:•,,:` determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Sections 2 or .3 of the Article X, by: (a) .A majority vote of a quorum consisting of directors who are not parties to such proceedings; or (b) The court in which such proceedings is or was pending upon application made by the Corporation or the agent or ::•:•:;'-,; the attorney or other person rendering services in connection with trip defense, whether or not such • application by the agent, attorney or' other person is opposed by the Corporation. ,• Section 6.Adyance 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 entitled to be indemnified as authorized in Article X. 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, By -Laws, a resolution of the directors, an agreement or otherwise, shall ' be valid unless consistent with this Article X. Nothing contained in this. Article X shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise. section 8.11orms of indemnification Not Permitted. • ” ti No indemnification or advance shall be made under this Article X, except as provided in Sections 4 or 5 (b), in any circumstances where it appears: r "` •,,. '`' section rr. ': ;'• r;: (a) That it would be inconsistent with a provision of the (a) Articles, these ay -Draws, or an agreement in effect at the time of the accrual of the alleged cause of action conitsta of seven members, +n l y two of whom are members asserted • if amounts were paid, which prohibits or otherwise limits 'indemnification; or representative of all sections of the community served (b) That it would be inconsistent with any condition :i'>.�� • {-:r:,;: '•-fes"•: expressly imposed by a court in approving a settlement. .. r. •. voting membership. The president and chief executive Section 9. Insurance. fIfficer are ex officio members of the Committee without rV.'''' "'':`�" The corporation shall have power to purchase and maintain the right to vote. insurance on behalf of any agent of the Corporation 6gainst (b) any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such No=nnatinq Cottee are elected annually according to whether or not the Corporation would have the power to �;:•,"; :xk'.' indemnify the agent against such liability under the provisions of this Article X, provided however, that a _:.� „••_,"`:: corporation shall have no power to purchase and maintain such insurance to indemnify any agent of the Corporation for a ;.• ,, ,. : violation of Section 5233 of the California Nonprofit Public ,:• :.: .:.:::...1. Benefit Corporation Law. ARTICLE XI.CCMITTEES OF THE A380CIATION. .•,•�: "` •,,. '`' section 1. Nominating Committee ;•'''r'r;; (a) Members. The Nominating Cumm.•tee, an elected committee, conitsta of seven members, +n l y two of whom are members of the Board of Directors. Its members are representative of all sections of the community served '-':':••:'..; by the Association and the age and ethnic ma%eup of its voting membership. The president and chief executive fIfficer are ex officio members of the Committee without the right to vote. (b) Election term of office, vacancies. All members of the No=nnatinq Cottee are elected annually according to :;,;;,.,•.-'„ the provisions in Article XII and serve until the next annual election, Tw, members at large, one of whom may be a Board member, md, 4erve for two consecutive terms, and no member may serve more than two terms consecutively. The chairperson is chosen by the Committee from its elected members. vacancies occurring in the '° -:'�• Committee in the interim between annual elections are filled by the Committee with the approval of the president. '• f (c) Duties. The Nominating Committee is responsible for securing and keeping a list of potential candidates, selected from the representation of total membership of the Association, who are qualified by skill and �'` ' `::<' •� experience for membership on the Board of Directors or the elocted committees of the Association. The Committee also carries the responsibilities outlined in Article XII Section 1 of the Constitution, in addition, presents candidates for vacancies occurring on the Board of :;.'. i ::'• Directors or in elected committees during the interim ' between.regular elections. Section 2.Other Committees of the Association. (a) Elected committees. The voting members of the =,;1•�; Assoc ation shall elect any other committees specified as elected committees at the time of the annual election in .... accordance with the provisions of Article iI of this document. 11 (b) Appointed Committees. The president has"the authority to appoint special committees of the Association for specific studies, concerns, or events related to the work of the Association' when such responsibilities are not delegated to standing or special committees of the Board of Directors. Article XII.NCMINATION AND ELECTION PROCEDURES. Section 1. Nomination. The Nominati� Committee shall present to the Association electorate a allot, including nominees for the Board of Directors, the Nominating Committee, and any other elected committees, two weeks in advance of the annual business meeting of the membership at which election results are -to be reported. All candidates must meet the qualifications set forth in Article Vii of this document. The Nominating Committee shall determine whether ballots shall offer a choice of candidates. Section 2. Balloting Procedures. The Board of Directors is responsible forthe estibliMment of balloting methods that safeguard thr rights of voting members to a secret ballot and that provi•sF. ,•surance that ballots are cast only by voting members. Annual elections shall precede transaction of other business at the annual business meeting and shall be reported at that meeting. Polls shall be open immediately following the distribution of ballots and shall be closed at the time indicated on the ballot. Three tellers appointed by the president shall open the ballots after the polls are closed and shall report the results of the election to the members at the annual business meeting. ARTICLE XIM STAFF OF THE ASS.XIATION Section 1. Employment. Professional paraprofessional, clerical, and maintenance staff are employed according to policies established by the Board of Directors. Section 2. Professional leadership. The professional leadership of the Association is entrusted by the Board of Directors to an chief executive officer and to such other professional staff as may be required. The chief executive officer shall be a voting member or an associate of the Association. The functions of the professional staff and their relationship to the Board of Directors are defined in the bylaws of the Board of Directors. ARTICLE XIV.RESPONSIBILITY FOR MEMBERSHIP DEVELONT. The Board of Directors, together with professional staff, is responsible for making possible the growth of members toward the purpose of -the Association and sharing in its realization. SIL.. .. �'�iy :.•iyr r.1iw,��; •r�i,,;;,;L • s Y 5I�•' •'I.v 'Cil t. flL�}`I;.f�.k�• • it Mix::•: � i• ;.'': �•�(•, .til•'•,}•dH: J'4 �'' a •.�t4 i�7,j� 5, �.F r' J.•i i �L..• •{I. 12 ARTICLE XV. BRANCHES OR CENTERS. Section 1. organization. The Association, through its Board of Directors may'orgsnize such branches or centers as may be needed in indivi,iival communities included in the' district organization. Each community unit is administered in accordance with community unit By -Laws authorized by the Board of Directors. Section 2. Discontinuance. The Association,through its Board of Directors may discontinue any of the branches or centers within the district provided there has been consultation with the administrative committee of the branch concerned when requested with the voting members of the unit. Section 3. Authority for decision and action. Final decision and action regarding the organization or discontinuance of a community unit shall be the responsibility of the Board of Directors. Such decision and action shall be reported to the voting members of the district. ARTICLE XVI.FISCAL YEAR The Fiscal Year begins on July 1 and ends on June 30. ARTICLE XVII.PROPERTY AND CAPITAL FUNDS The property of the Association shall be held and managed by the Board of Directors and only by its authority shall there be made a charge against the real property of the Association. The Board shall hold all trust funds of the Association, administering them in accordance with the requirements of state law, and for the purpose indicated by the donors. ARTICLE XVIII.ADVISORY PANEL. Section 1. Members and Qualifications. There shall be an advisory Panel of not less than 5 or more than 15 members who shall advise the Board of Directors on matters related to property, investment, trust funds, and other business transactions of the Association involving the care and use of Capital funds. members of the Advisory Panel shall be men and women who are recognized leaders in the community who are in sympathy with the mission of the Association, and who are experienced in these special areas of responsibility. The president of the Association and the chief executive officer are ex officio members of the Advisory Panel. Section 2. Responsibilities. The Advisory Panel shall advise the Board of Directors on matters related to investment, trust funds, and other business transactions of the Association involving the care and use of capital funds and on other matters at the request of the Board of Directors. Section 3. Election and Term of Office Members of the Advisory Panel are elected by thq Board of Directors from nominations made by the Nominating Cd mittee of the Hoard for a term of three years and are eligible for reelection. The chairperson is chosen by the Advisory Panel from its elected members. 4,) I 19 ARTICLE XIX.OTHER PROVISIONS, Section 1. Endorsement of Documents: Contracts. Subject to the provisions of applicable law, any note, ;f.•:; mortgage, evidence of indebtedness, contract, conveyance or r, 5nr+•, other instrument in writing and any assignment or endorsement thereof executed or entered into between the corporation and s ,•..;,: any other person, 'when signed by the chairman of the .Soar , the president or vice-president and the secretary, or the ;:.;:-:•':; treasurer 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 �1::••, ;'•° •�•`:` 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 steal ,hfi="•;.� ,„,` 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.Construction and Definitions. Unless the context otherwise requires, the genual provisions, ,•: rules of construction and definitions contained in the General Provisions of the California Nonprofit Corporation Law and in the California Nonprofit,Puhlis Benefit Corporation Law shall govern the construction of the Constitution. ARTICLE M. RULES OF ORDER. The proceedings of this Association are governed by Robert's Rules of Order, newly revised except where these rules conflict wsth provisions of this constitution and the by-laws. ARTICLE XXI. ANERAL AMENDMENTS. section l.Amendments to this document not affecting the Association's membership in the Young Women's Christian Association of the United States of America may be made by a ,,,•+:;+r'; two thirds affirmative vote of the voting members present at :•_:: a regular or adjourned regular meeting of, the membership, provided the following requirement have been met: (a) The amendment was approved by the Board of Directors. (b) Copies of the amendment, or amendments, were made -:%'• •. ', available to the voting members at least two weeks in % advance of the meeting. (c) The notice of the membership meeting stated that amendments to this document would be considered and submitted for vote. ARTICLE XXII. AMENDMENTS AFFECTING MEMBERSHIP IN THE NATIONAL - ASSOCIATION. For any amendment which would alter the bylaws in such a way as to affect the Association's affiliation with the Young Woman's the required +' Christian Association of the United States of America, procedures for general amendments must be -met; and, in addition, the amendment must be passed by a two-thirds affirmative vote of the voting members present at two subsequent annual meetings of the membership. r RECORD OF ADOPTION AND AMENDMENTS THESE BY-LAWS ADOPTED PRESIDE; CHIEF EXECUTIVE 1 AMENDED AS • FOLLOWS c 14 Articleyrrr�d of fair ora. sec.6Date President Chief Executive Officelk 1W�,,,,•r Article Date_,,,. President Article Chief Executive Officer Date President Chief Executive Officer_ YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) TABLE OF CONTENTS FINANCIAL SECTION Page Independent Auditors' Report 1-1 Financial Statements: Statement of Financial Position 1-4 Statement of Activities 1-5 Statement of Functional Expenses 1-6 Statement of Cash Flows 1-7 Notes to Financial Statements 1-8 SUPPLEMENTARY INFORMATION Domestic Violence Program— Schedule of Grant Awards and Functional Expenses 2-1 Senior Services Program — Schedule of Grant Awards and Functional Expenses 2-2 Community Services Program — Schedule of Grant Awards and Functional Expenses 2-3 GOVERNMENT AUDIT INFORMATION SECTION 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 3-1 Independent Auditors' Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance 3-3 Schedule of Expenditures of Federal and State Awards 3-5 Notes to Schedule of Expenditures of Federal and State Awards 3-7 Schedule of Findings and Questioned Costs 3-8 Current and Prior Years Findings and Questioned Costs 3-9 VASIN, HEYN & COMPANY ABOVE THE BRIGHT LINE AN ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS I AUDITORS AND ADVISERS INDEPENDENT AUDITORS' REPORT To the Board of Directors of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) Covina, California Report on the Financial Statements We have audited the accompanying financial statements of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) which comprise the statement of financial position as of June 30, 2017, and the related statements of activities, functional expenses and cash flows for the year then ended, and the related notes to the financial statements. Management's ResponsibdUy for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility 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 and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 1-1 INDEPENDENT AUDITORS' REPORT - Continued Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of YWCA of San Gabriel Valley as of June 30, 2017, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Report on Summarized Comparadve Information We 'previously audited YWCA of San Gabriel Valley's 2016 financial statements, and we expressed an unmodified opinion on those audited financial statements in our report dated March 31, 2017. In our opinion, the summarized comparative information presented herein as of and for the year ended June 30, 2016 is consistent, in all material respects, with the audited financial statements from which it has been derived. The summary financial statements do not contain all the disclosures required by accounting principles generally accepted in the United States of America. Reading the summary financial statements, therefore, is not a substitute for reading the audited financial statements of YWCA of San Gabriel Valley. OtherMaders Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The Domestic Violence Program — Schedule of Grant Awards and Functional Expenses, Senior Services Program — Schedule of Grant Awards and Functional Expenses, and Community Services Program — Schedule of Grant Awards and Functional Expenses, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The Domestic Violence Program — Schedule of Grant Awards and Functional Expenses, Senior Services Program — Schedule of Grant Awards and Functional Expenses, and Community Services Program — Schedule of Grant Awards and Functional Expenses, are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the financial statements. Such information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Domestic Violence Program — Schedule of Grant Awards and Functional Expenses, Senior Services Program — Schedule of Grant Awards and Functional Expenses, and Community Services Program — Schedule of Grant Awards and Functional Expenses, are fairly stated, in all material respects, in relation to the basic financial statements as a whole. 1-2 INDEPENDENT AUDITORS' REPORT - Continued Other Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying Schedule of Expenditures of Federal and State Awards, as required by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 28, 2018, on our consideration of YWCA of San Gabriel Valley'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 internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering YWCA of San Gabriel Valley's internal control over financial reporting and compliance. Yom,14 `r + G. Calabasas, California March 28, 2018 1-3 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF FINANCIAL POSITION JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) LIABILITIES Accounts payable and accrued expenses $ 355,581 $ 345,807 Accrued payroll and related liabilities 238,864 264,868 Contract advances 2,442 61,954 Deferred revenue 28 28 Government -funded assets 873,547 965,823 Loans payable 184,010 192,088 Total liabilities 1,654,472 1,830,568 NET ASSETS Unrestricted 327,841 143,844 Temporarily restricted 725,247 858,650 Total net assets 1,053,088 1,002,494 Total liabilities and net assets $ 2,707,560 $ 2,833,062 See accompanying auditors' reports and notes to financial statements. 1-4 2017 2016 ASSETS Cash and cash equivalents $ 713,731 $ 794,279 Contracts receivable 586,396 580,180 Other receivables _. ..._ _ 31,809 ..., .....1;536. _......._...- _ Deposits and prepaid expenses 77,961 79,033 Investments 165,813 122,693 Property and equipment, net 1,130,850 1,255,341 Total assets $ 2,7� $$ "2_ LIABILITIES Accounts payable and accrued expenses $ 355,581 $ 345,807 Accrued payroll and related liabilities 238,864 264,868 Contract advances 2,442 61,954 Deferred revenue 28 28 Government -funded assets 873,547 965,823 Loans payable 184,010 192,088 Total liabilities 1,654,472 1,830,568 NET ASSETS Unrestricted 327,841 143,844 Temporarily restricted 725,247 858,650 Total net assets 1,053,088 1,002,494 Total liabilities and net assets $ 2,707,560 $ 2,833,062 See accompanying auditors' reports and notes to financial statements. 1-4 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) See accompanying auditors' reports and notes to financial statements. 1-5 Temporarily 2017 2016 Unrestricted Restricted Total Total REVENUE AND SUPPORT Governmental service contracts $ 5,943,177 $ - $ 5,943,177 $ 5,765,451 Grants and contributions 362,366 85,000 447,366 697,652 In-kind contributions 3,026,283 - 3,026,283 2,002,619 Program service fees 703,329 - 703,329 782,350 Interest income 6,376 - 6,376 6,632 Gain (loss) on investments, net 17,819 - 17,819 (6,466) Other income 113,436 - 113,436 114,427 Fundraising events revenue 82,427 - 82,427 94,230 Contract settlements (16,714) - (16,714) (67,029) Restrictions released 218,403 (218,403 - - Total revenue and support 10,456,902 (133,403) 10,323,499 9,389,866 EXPENSES Program expenses 9,485,892 - 9,485,892 9,099,051 Support services 613,564 - 613,564 508,997 Fundraising expenses 173,449 - 173,449 202,279 Total expenses 10,272,905 - 10,272,905 9,810,327 CHANGE IN NET ASSETS 183,997 (133,403) 50,594 (420,461) NET ASSETS - beginning of year 143,844 858,650 1,002,494 1,422,955 NET ASSETS - end of year $ 327,841 $ 725,247 $1,053,088 $ 1,002,494 See accompanying auditors' reports and notes to financial statements. 1-5 0 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) See accompanying auditors' reports and notes to financial statements. 1-6 2017 2016 Program E=ses Support Services Pundraising Total Exvenses Total EMMM Salaries and related expenses Salaries and wages $ 2,286,033 $ 381,025 $ 63,437 $ 2,730,495 $ 3,012,247 Payroll taxes 192,091 32,293 5,505 229,889 245,735 Employee benefits 351,222 44,970 6,643 402,835 429,158 2,829,346 458,288 75,585 3,363,219 3,687,140 Other expenses Auto expense 114,679 736 541 115,956 151,532 Bad debts 10 - - 10 1,096 Bank fees 2,802 2,442 1,246 6,490 9,325 Building improvements - - - - 6,508 Computer expense 14,222 1,698 1,279 17,199 34,392 Conferences and meetings 16,747 2,003 1,553 20,303 26,884 Duos and subscriptions 2,588 71,549 1,366 75,503 16,577 Education and training 12,313 1,007 153 13,473 17,210 Equipment rental and maintenance 36,704 1,399 2,007 40,110 48,190 Food and housing costs 2,612,249 38 5,220 2,617,507 2,737,282 In-kind services 3,025,753 - $30 3,026,283 2,002,619 Insurance 113,607 14,882 1,838 130,327 139,954 Interest expense 11,728 - - 11,728 11,774 Licenses and permits 996 652 - 1,648 867 Officecgmnses M117 1,055 372 13,544 17,420 Outside services - 4,200 - 4,200 4,200 Postage and delivery 4,147 866 13,703 18,716 22,714 Printing 4,222 441 10,709 15,372 18,377 Professional fees 102,177 14,435 40,645 157,257 204,796 Public relations 291 - - 291 279 Rent 184,717 17,882 7,407 210,006 202,685 Repairs and maintenance 66,658 5,371 730 72,759 65,463 Small equipment 13,812 - - 13,812 13,994 Supplies 59,395 4,597 5,448 69,440 113,591 Taxes and licenses 3,736 306 84 4,126 4,333 Telephone 72,712 5,379 1,353 79,444 63,990 Travel 6,128 19 450 6,597 5,156 Utilities 48,231 1,113 533 49,877 50,436 9,372,087 610,358 172,752 10,155,197 9,678,784 Depreciation 113,805 3,206 697 117,708 131,543 Total expenses $ 9,485,892 $ 613,564 $ 173,449 $10,272,905 $ 9,810,327 Indirect expenses $ 578,155 $ 604,980 $ 26,825 $ _ $ - See accompanying auditors' reports and notes to financial statements. 1-6 r YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2017 (WITH COMPARATIVE TOTALS FOR 2016) CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of investments Z91Z ?� CASH FLOWS FROM OPERATING ACTIVITIES: $ 50,594 $ 420 461 Change in net assets 18,602 1,387 Adjustments to reconcile change in net assets to net 11819 (13,764) cash provided by operating activities (18,518) (39,468) Depreciation 117,708 131,543 Purchase of fixed assets on account - (19,293) Bad debt on other receivables 10 1,096 Gaul (loss) on investments, net (17,819) 6,466 (Inoreaea) decrease in: (80,548) (388,371) Contracts receivable (6,216) 147,329 Odier receivables (31,283) (596) Deposits and prepaid expenses 1,072 (10,448) Increase (decrease) in: S 11,728 $ 11777,4 Accounts payable and accrued expenses 9,774 22,067 Accrued payroll and related liabilities (26,004) 7,036 Contract advances (59,512) (137,528) Deferred revenue - (92,27 (5w) (89,413) Government-fimded assets Total a4jushnents (104,546) 57,759 Net Cash Provided by Operating Activities (53,952) (362,702) CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of investments (193,361) (254,441) Proceeds from sale of investments 168,060 227,350 Disposals of fixed assets / government fimded assets 18,602 1,387 Peres of fixed assets 11819 (13,764) Net Cash Provided by Investing Activities (18,518) (39,468) CASH FLOWS FROM FINANCING ACTIVITIES: Principal repayments related to loans payable (8,078) (5,494) Proceeds of borrowings for capital purposes 19,M Net Cash Provided by Financing Activities (8,078) 13,799 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (80,548) (388,371) CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 794,279 1,182,650 CASH AND CASH EQUIVALENTS AT END OF YEAR $ 713,731 $ 794,279 SUPPLEMENTAL INFORMATION: Interest expense S 11,728 $ 11777,4 SUPPLEMENTAL NON-CASH INFORMATION: In-kind contributions $ 3,026,283 $ 2,002,619 See accompanying auditors' reports and notes to financial statements. 1-7 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 1. DESCRIPTION OF ORGANIZATION The YWCA of San Gabriel Valley, (YWCASGV) is a nonprofit organization exempt from federal and state income taxes under Section 501(C)(3) of the Internal Revenue Code; it is not classified as a private foundation. YWCASGV provides the community with various services including the following: • Education for personal development • Shelter and counseling for domestic violence victims - women and their children • Meals and counseling for older persons • Recreational and health promotion YWCASGV operates its domestic violence program under the name of WINGS Shelter and its older persons program under the name of Intervale Senior Services. The YWCA of San Gabriel Valley is affiliated with the national organization of the Young Women's Christian Association of the U.S.A., and provides national support through payment of a percentage of its functional expenses to the national organization, not to exceed a maximum of $40,000 in annual dues. As of June 30, 2017, YWCASGV owed a total of $69,595 dues to the YWCA USA organization. The amount due consist of $31,634 for Fiscal Year 2015-2016, which was allowed for postponed payment due to restructuring of YWCA USA National, and $37,961 dues were owed for Fiscal Year 2016-2017. Primary Support Sources YWCASGV receives substantially all of its grant revenue from federal, state and city agencies and recognizes revenue from its grant awards over the service period of the contracts and/or to the extent of expenses incurred. Any of the funding sources may, at its discretion, request reimbursement for expenses or return of funds, or both, as a result of non-compliance by YWCASGV with the terms of the grants. Membership dues, program service revenue, investment and other income are recognized as revenue in the period earned. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES YWCASGV prepares its financial statements in accordance with generally accepted accounting principles (GAAP) promulgated in the United States of America. The significant accounting and reporting policies used by YWCASGV are described below to enhance the usefulness and understandability of the financial statements. 1-8 YWCA OF SAN GABRIEL VALLEY (A California Non-Protlt Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Financial Statement Presentation The financial statements are presented based on ASC Topic 958, Not -for -Profit Entities. ASC Topic 958, Sections 210 and 225 requires classification of YWCASGV's net assets, revenues as well as expenses based on the existence or absence of donor -imposed restrictions. The statement requires presentation of the amounts for each of the three classes of net assets — permanently restricted, temporarily restricted, and unrestricted — in the statement of financial position and the amounts of change in each of those classes of net assets in the statement of activities. Net Assets The financial statements report net assets and changes in net assets in three classes that are based upon the existence or absence of restrictions on use that are placed by its donors, as follows: Unrestricted net assets. Unrestricted net assets are resources available to support operations. The only limits on the use of unrestricted net assets are the broad limits resulting from the nature of the organization, the environment in which it operates, the purposes specified in its corporate documents and its application for tax-exempt status, and any limits resulting from contractual agreements with creditors and others that are entered into in the course of its operations. Temporarily restricted net assets. Temporarily restricted net assets are resources that are restricted by a donor for use for a particular purpose or in a particular future period. YWCASGV's unspent contributions are classified in this class if the donor limited their use, as are the unspent appreciation of its donor -restricted endowment funds. When a donor's restriction is satisfied, either by using the resources in the manner specified by the donor or by the passage of time, the expiration of the restriction is reported in the financial statements by reclassifying the net assets from temporarily restricted to unrestricted net assets. Net assets restricted for acquisition of buildings or equipment (or less commonly, the contribution of those assets directly) are reported as temporarily restricted until the specified asset is placed in service by YWCASGV, unless the donor provides more specific directions about the period of its use. YWCASGV had $725,247 in temporarily restricted net assets at June 30, 2017. Permanently restricted net assets. Permanently restricted net assets are resources whose use by YWCASGV is limited by donor -imposed restrictions that neither expire by being used in accordance with a donor's restriction nor by the passage of time. YWCASGV did not have any permanently restricted net assets at June 30, 2017. All revenues and net gains are reported as increases in unrestricted net assets in the statement of activities unless the use of the related resources is subject to temporary or permanent donor restrictions. All expenses and net losses other than losses on endowment investments are reported as decreases in unrestricted net assets. 1-9 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Cash and Cash Equivalents Cash and cash equivalents are short term, interest bearing, highly liquid investments with original maturities of three months or less, unless the investments are held for meeting restrictions of a capital or endowment nature. Contracts, Grants, and Other Receivables Receivables consist of grants, contracts and other miscellaneous accounts and are stated at the amount management expects to collect from outstanding balances. YWCASGV uses the allowance method of accounting for receivables determined to be potentially uncollectable. In management's opinion, all receivables were collectible at year-end and therefore no allowance for doubtful accounts was considered necessary at June 30, 2017. Deposits and Prepaid Expenses Prepaid insurance, deposits and other expenses are expensed ratably over their respective terms of agreement. Investments Investments are composed of mutual equity funds and stocks and invested in debt and equity securities and are carried at fair market value. Investment purchases and sales are accounted for on a trade -date basis. Realized gains and losses are calculated based upon the underlying cost of the securities traded. Gains or losses (including investments bought, sold and held during the year), and interest and dividend income are reflected in the statement of activities as increases or decreases in unrestricted net assets unless their use is temporarily restricted by donor stipulations or by law. 1-10 2. YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Property and Equipment, net Land, buildings, property, and equipment are reported in the statement of financial position at cost, if purchased, and at fair value at the date of donation, if donated. All land, buildings, and property are capitalized. Equipment is capitalized if it has a cost of $1,000 or more and a useful life when acquired of more than 1 year. Repairs and maintenance that do not significantly increase the useful life of the asset are expensed as incurred. Depreciation is computed using the straight-line method over the estimated useful lives of the assets, as follows: Buildings Computer hardware and peripherals Computer software Furniture and fixtures General office equipment Leased assets Leasehold Improvements Vehicles 40 years 3-5 years 2-3 years Up to 10 years 5 years Life of lease Remaining lease term 3-5 years Assets purchased with governmental grants or contracts are capitalized and depreciated by YWCASGV in accordance with accounting standards generally accepted in the United States of America. Property and equipment are reviewed for impairment when a significant change in the asset's use or another indicator of possible impairment is present. No impairment losses were recognized in the financial statements in the current period. Government -funded assets are recorded as an asset and an offsetting liability. The related assets are depreciated over their estimated useful lives and a corresponding amount reduces the related liability each year and is recognized as revenue. Vacation Policy Accrued vacation benefits are accrued on a monthly basis. Full-time employees accrue vacation time based upon years of service to YWCASGV as follows: Regular Full Time Exempt Regular Full Time Non -Exempt Years Emploved Employees Annualized Accrual Employees Annualized Accrual 1- 5 years 15 Days 10 Days 5- 10 years 20 Days 15 Days 10 + years 25 Days 20 Days The maximum vacation accrual that can be earned is 1 % times the employees annual accrual. Unused vacation leave will be paid at the time of termination. Total accrued vacation at June 30, 2017, was $93,246. 2. YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Contract Advances Contract advances consists of amount due to the California Governor's Office of Emergency Services per their review of the year end attendance and fiscal report and other contract amounts received in excess of balances earned. Deferred Revenue Deferred revenue consists of advance payments received for special events. Accounting for Contributions Contributions, including unconditional promises to give, are recognized when received. All contributions are reported as increases in unrestricted net assets unless use of the contributed assets is specifically restricted by the donor. Amounts received that are restricted by the donor to use in future periods or for specific purposes are reported as increases in either temporarily restricted or permanently restricted net assets, consistent with the nature of the restriction. Unconditional promises with payments due in future years have an implied restriction to be used in the year the payment is due, and therefore are reported as temporarily restricted until the payment is due unless the contribution is clearly intended to support activities of the current fiscal year or is received with permanent restrictions. Conditional promises, such as matching grants, are not recognized until they become unconditional, that is, until all conditions on which they depend are substantially met. Contributed Goods and Services Contributions of goods received that are measurable are recorded as revenue at their estimated fair value when received. Contributions of services are recognized if the services received meet any of these criteria: (1) if they create or enhance nonfinancial assets and (2) if they require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation. Contributed services, reflected in the accompanying financial statements, include space donation, utilities, and volunteer time charged at a rate pursuant to related contract provisions. YWCASGV benefits from personal services provided by a substantial number of volunteers. Those volunteers have donated significant amounts of time and services in the organization's program operations and in its fund-raising campaigns. Estimated value of contributed volunteer services at June 30, 2017 was valued at $813,794. Because of the requirement of governmental grantor agencies, matching local funds and in-kind contributions are required on certain types of government funding. In-kind revenues consist of non - monetary contributions such as donated space, supplies and volunteer hours. In-kind revenues in the financial statementsconsisted of occupancy, supplies and equipment costs recorded and valued at $2,212,489 for the year ended June 30, 2017. 1-12 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Revenue Recognition Revenues from government agencies, program service fees, and other third -party payors for services provided under such contracts are recognized when earned by YWCASGV. All gifts, bequests, and other public support are included in unrestricted net assets unless specifically restricted by the donor or the terms of the gift or grant instrument. Amounts received in excess of balances earned are recognized as liabilities in Contract Advances. Government Revenue Government revenue is recognized when the qualifying costs are incurred for cost -reimbursement grants or contracts or when a unit of service is provided for performance grants. Government revenue from federal agencies is subject to independent audit under the Uniform Guidance and review by grantor agencies. The review could result in the disallowance of expenditures under the terms of the grant or reductions of future grant funds. Based on prior experience, YWCASGV's management believes that costs ultimately disallowed, if any, would not materially affect the financial position of YWCASGV. Income Taxes YWCASGV is exempt from Federal income taxes under Section 501(c)(3) of the Internal Revenue Code and California income taxes under section 23701(d) of the California Revenue and Taxation Code. The IRS classified the organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). YWCASGV has adopted Financial Accounting Standards Board Accounting Standards Codification (ASC) Section 740-10, which clarifies the accounting for uncertainty in income taxes. ASC Section 740-10 prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. ASC Section 740-10 requires that an organization recognize in the financial statements the impact of the tax position if that position will more likely than not be sustained on audit, based on the technical merits of the position. As of and for the year ended June 30, 2017, YWCASGV had no material unrecognized tax benefits, tax penalties or interest. YWCASGV's Forms 990, Return of Organization Exempt from Income Tax, for each of the tax years ended June 30; 2016, 2015, and 2014, are subject to examination by the IRS, generally for 3 years after they were filed. 1-13 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Expense Recognition and Allocation The cost of providing YWCASGV's programs and other activities is summarized on a functional basis in the statement of activities and statement of functional expenses. Expenses that can be "identified with a specific program or support service are charged directly to that program or support service. Costs common to multiple functions have been allocated among the various functions benefited. General and administrative expenses include those costs that are not directly identifiable with any specific program, but which provide for the overall support and direction of YWCASGV. Fundraising costs are expensed as incurred, even though they may result in contributions received in future years. YWCASGV generally does not conduct its fundraising activities in conjunction with its other activities. In the few cases in which it does, such as when the annual report or donor acknowledgements contain requests for contributions, joint costs have been allocated between fundraising and management and general expenses in accordance with standards for accounting for costs of activities that include fundraising. No advertising expenses were incurred for the year ended June 30, 2017. Use of Estimates The preparation of financial statements requires management to make estimates and assumptions that affect the reported amounts of revenues and expenses during the reporting period and the reported amounts of assets and liabilities at the date of the financial statements. On an ongoing basis, YWCASGV's management evaluates the estimates and assumptions based upon historical experience and various other factors and circumstances. YWCASGV's management believes that the estimates and assumptions are reasonable in the circumstances; however, the actual results could differ from those estimates. Reclassifications Certain amounts in the 2016 comparative totals have been reclassified to conform with the 2017 reporting format. Comparative Totals The financial statements include certain prior -year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with. YWCASGV's financial statements for the year ended June 30, 2016, from which the summarized information was derived. 1-14 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Fair Value Measurements YWCASGV reports its fair value measures using a three-level hierarchy that prioritizes the inputs used to measure fair value. Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction in the principal or most advantageous market at the measurement date under current market conditions regardless of whether that price is directly observable or estimated using another valuation technique. Inputs used to determine fair value refer broadly to the assumptions that market participants would use in pricing the asset or liability including assumptions about risk. Inputs may be observable or unobservable. Observable inputs are inputs that reflect the assumptions market participants would use in pricing the asset or liability based on market data obtained from sources independent of the reporting entity. Unobservable inputs are inputs that reflect the reporting entity's own assumptions about the assumptions market participants would use in pricing the asset or liability based on the best information available. This hierarchy, established by GAAP, requires that entities maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. The three levels of inputs used to measure fair value are as follows: • Level 1 - Quoted prices for identical assets or liabilities in active markets to which YWCASGV has access at the measurement date. Level 2 - Inputs other than quoted prices included in Level 1 that are observable for the asset or liability, either directly or indirectly. Level 2 inputs include: - quoted prices for similar assets or liabilities in active markets; - quoted prices for identical or similar assets in markets that are not active; - observable inputs other than quoted prices for the asset or liability (for example, interest rates and yield curves); and - inputs derived principally from, or corroborated by, observable market data by correlation or by other means. Level 3 - Unobservable inputs for the asset or liability. Unobservable inputs should be used to measure the fair value to the extent that observable inputs are not available. The carrying amounts of cash and cash equivalents and accounts receivable approximate fair value because of the terms and relatively short maturity of these financial instruments. The mutual equity funds and stocks are valued at quoted market prices, which represent the net asset value of shares held by YWCASGV at year end. The carrying amounts of liabilities, approximate fair value because of the relatively short maturity of these financial instruments. When available, YWCASGV measures fair value using Level 1 inputs because they generally provide the most reliable evidence of fair value. 1-15 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 3. INVESTMENTS YWCASGV measures fair value in accordance with FASB ASC 820-10. FASB ASC 820-10 establishes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. This hierarchy consists of three broad levels; Level 1 inputs consist of unadjusted quoted prices in active markets for identical assets and have the highest priority, Level 2 inputs, other than the quoted prices in active markets, are observable either directly or indirectly, and Level 3 unobservable inputs in which there is little or no market data, which requires YWCASGV to develop its own assumptions. YWCASGV uses appropriate valuation techniques based on the available inputs to measure the fair value of its investments. When available, YWCASGV measures fair value using Level 1 inputs because they generally provide the most reliable evidence of fair value. Level 3 inputs are only used when Level 1 or Level 2 inputs are not available. All assets reported at fair value at June 30, 2017, are Level 1 inputs. Total Level Mutual equity funds $ 11,825 $ 11,825 Stocks 153.988 —153,988 Total investmentsx.,165.813 S 16_,_3_ At June 30, 2017, YWCASGV does not have any investments measured using Level 2 or Level 3 inputs. The composition of the.investment return reported in the statement of activities as follows: Realized gain (loss) on investment $ 8,539 Unrealized gain (loss) on investments 9,280 Total investments return S 12-812 4. PROPERTY AND EQUIPMENT, NET Property and equipment consists of the following at June 30, 2017: Depreciation and amortization expense for the year ended June 30, 2017 totaled $117,708. 1-16 Government YWCASGV Funded Owned Total Buildings and improvements $ 524,245 $ 914,151 $ 1,438,396 Furniture, fixtures and equipment 371,795 322,064 693,859 Land - 127,063 127,063 Machinery and equipment - 36,889 36,889 Vehicles 419.549 153,208 572,757 1,315,589 1,553,375 2,868,964 Less accumulated depreciation and amortization (645.723) 11,092,391) 11.738.114) Property and equipment, net Depreciation and amortization expense for the year ended June 30, 2017 totaled $117,708. 1-16 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 4. PROPERTY AND EQUIPMENT, NET - Continued Certain equipment has been purchased with federal, state and other granting agencies' funds. These agencies retain a reversionary interest in such property. Property acquired with these funds is considered to be owned by YWCASGV while used in the program(s) for which it was purchased or in other future authorized programs. Its disposition as well as the ownership of any proceeds therefrom is subject to federal, state, or local regulations. Such amounts at June 30, 2017, were $669,866 net of related depreciation and amortization. 5. LOANS PAYABLE YWCASGV entered into a loan payable with Alta Pacific Bank on September •2012 maturing September 2022. The loan is secured by a construction deed of trust. The loan is payable in monthly installments of $1,346, with interest payable at 6.55% per annum. The balance owed at June 30, 2017 was $170,183. For the year ended June 30, 2017 interest expense amounted to $11,728. Future minimum payments on the loan payable are as follows: June 30. 2018 $ 16,154 2019 16,154 2020 16,154 2021 16,154 2022 16,154 The.mfte. 89,413 Total S 170.183 YWCASGV entered into a loan payable with Toyota Financial Services on February 2016 maturing February 2021. The loan is secured by a pink slip of a vehicle. The loan is payable in monthly installments of $322, with interest payable at 0.00% per annum. The balance owed at June 30, 2017 was $13,827. No interest expense was incurred for the year ended June 30, 2017. Future minimum payments on the loan payable are as follows: June 30. Pinouut 2018 $ 3,859 2019 3,859 2020 3,859 2021 2.250 Total 1-17 YWCA OF SAN GABRIEL VALLEY (A Califonda Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 6. COMMITMENTS YWCASGV entered into various lease agreements for the use of office space and equipment. Rent expense under these lease agreements was approximately $210,006 for the year ended June 30, 2017. Approximate future annual minimum lease payments due under these lease agreements are as follows: June 30. un 2018 $ 175,014 2019 183,651 2020 172,680 2021 28,933 Total 560+2 YWCASGV leases a copier, and other equipment under various operating leases. The lease terms vary from 36 to 54 months. Total equipment rental expenses for the year ending June 30, 2017 were $16,581. Future minimum equipment lease payments are as follows: June 30• Amount 2018 $ 10,298 2019 3,404 2020 2,553 Total 25� 7. PENSION PLAN YWCASGV participates in the Young Women's Christian Association Retirement Fund, Inc.'s (the Fund) multi-employer sponsored cash balance defined -benefit pension plan (the Plan). Employees are eligible to participate in the Plan after meeting certain service requirements. Participants are 100 percent vested immediately upon enrollment into the Plan. The risks of participating in a multiempioyer plan are different from a single employer plan in that the assets contributed to a multiemployer plan may be used to provide benefits to employees of other participating employers; and if a participating employer stops contributing to the plan, unfunded obligations, if any, of the plan may be borne by the remaining participating employers. For the year ended June 30, 2017, YWCASGV's contribution to the Fund, at a rate of 5 percent of compensation was $103,359. The Fund provides a matching contribution equal to 2 percent of employee compensation. 1-18 8 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) RESTRICTED NET ASSETS Temporarily restricted net assets at June 30, 2017, are available for the following purposes: Grant Zickerman Domestic Violence Programs - Cash Zickerman Fund Domestic Violence Program — investments Endowment Fund YWCA — General Cash Endowment Fund YWCA — General Investment Domestic Violence Programs: West Covina Lions Foundation -Legacy Project - Playground City of Covina Blue Shield Health Care Partnership Senior Services Programs: SCAN Health Plan -Emergency Assistance Fund City of West Covina — Homeless Initiative UmHealth-Pomona Valley Glendora Church Homes Dl Senior Low Income Assistance (Molina) Healthy Communities 1°rograms California Accountable Communities for Health Total Temporarily Restricted Net Assets Balance Balance 6/30/16 Income Expenditures 6/30/17 $ 43,327 $ - $ - $ 43,327 67,617 - - 67,617 16,309 - - 16,309 34,451 - - 34,451 - 20,000 - 20,000 70,800 - (14,400) 56,400 122,438 - (92,727) 29,711 - 20,000 (16,788) 3,212 - 25,000 - 25,000 57,375 - (56,826) 549 31,228 - (30,434) 794 415,105 - (7,228) 407,877 20.000 20.000 S 85,000 S (218,Q3) 1125-247 Included in temporarily restricted net assets are contributions and earnings received by YWCASGV for subsequent deposits to the established endowment fund of YWCASGV, which contributions are periodically transferred to their investment account. This fund has been established for the benefit of YWCASGV's domestic violence program sponsored by YWCASGV. 9. BOARD DESIGNATED FUNDS YWCASGV's board of directors has established two board designated fund accounts to segregate and reserve funds for future financial requirements. These accounts were funded with restricted contributions received and with unrestricted net assets designated by the board of directors for its domestic violence program. The investment earnings from the restricted contributions are not donor -restricted and therefore, are recorded as a change in unrestricted net assets. 1-19 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 10. FUNCTIONAL AND NATURAL CLASSIFICATIONS YWCASGV's general and fundraising costs are reimbursed by and allocated among the support services based on approved indirect cost rates. Accordingly, the indirect division is eliminated. General and administrative costs: Salaries and wages $ 391,302 Payroll taxes 28,972 Employee benefits 35,921 Auto expense 337 Bank fees 2,442 Computer expense, repair, & maintenance 7,052 Conferences and meetings 110 Dues and subscriptions 71,272 Education and training 765 Insurance 14,882 Postage and delivery 866 Printing 441 Professional fees 18,614 Rent 17,882 Repairs and maintenance 1,319 Supplies 4,952 Taxes and licenses 942 Telephone 5,378 Travel 215 Utilities 1,113 Vehicles licenses and permits 203 Total. Natural classifications of in-kind expenses are as follows: Donated volunteer time $ 813,794 Supplies and materials 683,569 Donated facilities 1.528.920 Total 3.026.283 1-20 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 11. SPECIAL EVENTS AND PROGRAMS YWCASGV operates several programs designed to raise fiends for particular needs or to supplement grants. Some of these programs establish a particular program or service as recipient of proceeds raised. Others are general fundraising activities with proceeds designated by the board of directors to benefit a particular program. General fundraising projects during the year ended June 30, 2017 included Tennis Classic and Women of Achievement. Proceeds were designated by the board of directors to benefit various programs. The revenue and expenses from fund development activities for the year ended June 30, 2017 was as follows: Event Tennis Classic YWCA Mission Award Total Revenue Expenses Net Revenue $ 66,027 $ (4,701) $ 61,326 16.400 (11.656) 4,744 66-020 During the year the agency conducted its Meal on Meals Direct Mail Campaign. The activity from the mail campaign is as follows: Revenue Expenses Net Revenue MOW Direct Mail S102,325 S (61,1311 -It48,194 12. CONTINGENCIES In the ordinary course of business YWCASGV may be subject to certain lawsuits and other potential legal actions. The YWCASGV's management represents that as of June 30, 2017, the YWCASGV is not involved in any legal action or litigation. 1-21 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2017 (CONTINUED) 13. CONCENTRATION RISK Amounts held in financial institutions occasionally are in excess of the Federal Deposit Insurance Corporation and Securities Investor Protection Corporation limits. YWCASGV deposits its cash with high quality financial institutions, and management believes the organization is not exposed to significant credit risk on those amounts. The majority of YWCASGV's contributions and grants are received from corporations, foundations, and individuals and from agencies located throughout the state of California. As such, YWCASGV's ability to generate resources via contributions and grants is dependent upon the economic health of that area and of the state of California. An economic downturn could cause a decrease in contributions and grants that coincides with an increase in demand for YWCASGV's services. YWCASGV's investments are subject to various risks, such as interest rate, credit, and overall market volatility risks. Further, because of the significance of the investments to YWCASGV's financial position and the level of risk inherent in most investments, it is reasonably possible that changes in the values of these investments could occur in the near term and such changes could materially affect the amounts reported in the financial statements. Management is of the opinion that the diversification of its invested assets among the various asset classes should mitigate the impact of changes in any one class. 14. SUBSEQUENT EVENTS YWCASGV has evaluated events subsequent to June 30, 2017, to assess the need for potential recognition or disclosure in the financial statements. Such events were evaluated through March 28, 2018, the date the financial statements were available to be issued. Events occurring after that date have not been evaluated to determine whether a change in the financial statements would be required. Based upon this evaluation, it was determined that no other subsequent events occurred that require recognition or additional disclosure in the financial statements. 1-22 SUPPLEMENTARY INFORMATION .Iffivil 111. fill f1j. [ffl i fill i M III Lit �I. Ll 1 f l M M N N N N M N N N v I�Agig HEs��.��.��aY�o�.� �I��� ��,�......� M IN I. I. 1%" ��iaEi=AON 1. 91 HN�151, 5 ......... I» IN IN IM IN I. . , , , . . . , , , . r , , ,. N, . , , . , . I IN �,• Ia IN Iw I. . . . . . . ., ' . . . . . . . E." F I:;- E 6 N r IN I" I. N i ' N , [6-a8 ig�s"i, ii. �6�Itw A ...... I� II. I.NN N � F IB, I&gos. a 112i9 .6...... M N M N N I" Ia F I" I. I . . . . . . . . . . . . . . . . . . . . . . . . . . I, .. I. . ..... . N N N N N I I� A �O �A•rA t4g O NxA�►�i J YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) SENIOR SERVICES PROGRAM SCHEDULE OF GRANT AWARDS AND FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2017 2-2 cllvofcovina E1d*Nub%-PMF- coed coa W hidI max am SenlorSmdme AAAENP2- NOW= 1SS-OB-034/ SmwSwAm MpAAdub TotlSr9m 0809-014 NSIP 483-06-097/553418.122 Aeeirtm- Dty(Srs FWF- (17) (21) (21) (22) (29) (2 7)(30) Sx0mm Revmw and Support Qovm =WMA--ntact S 191997 $ 3,652,290 S f 37S,867 $ $ MA77 S 4,104,231 Nmoe ddivary sod ocaV Wts mal p "mma 39(4149 390,149 emu and amtrlbWiau 43,311 43,311 In4dud cmnlbdoa 2,828,038 64,681 2,89$719 P"mm 1m fm 565,864 135,115 700" Intmmtlasmw 6 . 6 Oda am) on Invssf e Oft Income 35,602 2,794 13 367 51,763 FM Wftvm^not coanamsem m " . ToWmvmwsndsupport 19,997 7,081,800 390.149 443,342 244AM 8.179,744 Sdeda a0drdatadeapm m Sdulaandwgm 16,439 1,150,133 217,574 2,637 135,839 4=422 pwo taus 1,342 95,408 17932 208 11,291 1264181 Employ-bme8b 2A17 198.502 23,719 252 17.967 242.657 20,198 1,4M,043 259,225 31097 165,097 1.871A62 Odw expewa Aura expm- 73 89,764 13,590 4,006 107,433 Sad debt 10 10 Bank fm 785 1,948 2,733 cowderaq- 2697 992 - 320 4,009 Cmdmm-1 and IDOedo 287 - 22 893 1,202 Dqeda(>m 36,707 2,794 13,225 52,726 Dna and subemipdmr B9 . 172 261 EducOmmdtddnS 2,175 415 849 3,439 Equipmmttmntsdtwintmm- 19,211 ),823 5 675 21,714 Food and howht3 eat $453,349 15, 8 99,649 2,570,086 ht-ldadsw4m $828,038 64ABI - 2.592,719 bxlb-te o 79 270,237 71,294 3,743 26,417 371,770 Inmmme 68,554 4992 1,604 73,130 Li mm andpmpdt 945 51 996 Offi-apmm 1 3,383 749 1,519 5,652 Poat3emd ddivay 2.878 360 331 3,569 pdndN 1,933 25 t 60 $018 pmfadm fm 13A63 1,089 452 MAN Puwicmm m 291 291 Rau - 82,393 - 21,786 272 6,451 110,902 Repahs and maintmmoa 59 14,465 2,597 873 17,996 Smell epuipmmt 12,444 12,444 SuppBes 32,420 1.952 4,352 38,724 Tsxaandlwwm 1,094 1,226 2,320 Telephme 33,384 7,150 100 3,374 44,008 Tnvd 1 1 434 436 Uftm 12,777 1,415 11 466 14 Totdmporoa _ 20A10 7,416.662 4MA94 7.228 334,737 Ex -w (ddidmcy) 0frsve me over atiowebleapmaa S (413) S (334.862) $ 390.149 S (41,142) $ (7.2281 5(90.281) S (83.777) Mathiny+baro S S 763.069 S S S S S 763 MatmbWmppR=h.F(nd s $ 600.730 $ S S 600730 PmwmwMdihies to-Ktad $ $ IA64.239 s $ 6081 S S s 128 420 2-2 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) COMMUNITY SERVICES PROGRAM SCHEDULE OF GRANT AWARDS AND FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2017 First 5 Healthy Other Programs - Total Comm Svcs DCDIP Azuza Community Services Program (31) (32) (33)Exposes Revenue and Support Governmental service contracts ' $ 77,994 $ - $ 110,000 $ 187,994 Clrants and contributions _ 19,635 19,635 Program service fees - -Soo 500 Other income 1,013 130 687 1,830 Total revenue and support 79,007 130 130,822 209,959 Salaries and related expenses Salaries and wages 54,301 - 61,256 115,557 Payroll taxes 4,291 - 5,202 9,493 Employee beneffts 5,314 7,337 12,651 63,906 - 73,795 137,701 Other expenses Auto expense 550 - 1,206 1,756 Computer expense - _ 656 656 Conferences and meetings 403 - 3,682 4,085 Depreciation 1,013 130 687 1,830 Dues and subscriptions - 895 895 Education and training 87 - 835 922 Equipment rental and maintenance 431 - 735 1,166 Food and housing costs - - 1,093 1,093 Indirect costs 6,046 - 16,985 23,031 Insurance 1,039 - 1,693 2,732 Office expense 126 - 276 402 Postage and delivery 25 - 16 41 Printing 1,741 - 67 1,808 Professional fees 372 - 18,428 18,800 Rent 5,138 - 7,787 12,925 Repairs and maintenance 430 - 1,399 1,829 Supplies 1,197 - 5,928 7,125 Telephone 1,268 - 1,627 2,895 Travel 26 - 505 531 Utilities 567 702 1,269 Total expenses 84,365 130 138,997 223,492 Excess (deficiency) ofrevenue over allowable expenses $ (5,358) $� - $ (8,175) (13,533) 2-3 GOVERNMENT AUDIT INFORMATION SECTION VASIN, HEYN & COMPANY ABOVE THE BRIGHT LINE AN ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS I AUDITORS AND ADVISERS 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 To the Board of Directors of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit, Corporation) Covina, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation), which comprise the statement of financial position as of June 30, 2017, and the related statements of activities, functional expenses and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated March 28, 2018. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered YWCA of San Gabriel Valley's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of YWCA of San Gabriel Valley's internal control. Accordingly, we do not express an opinion on the effectiveness of YWCA of San Gabriel Valley's internal control. A deficiency in internal control 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 and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 3-1 I e Compliance and Other Matters As part of obtaining reasonable assurance about whether YWCA of San Gabriel Valley's financial statements are free from 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 an opinion on compliance with those provisions was not aw objective of our audit, and 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 Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the organization's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the organization's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Calabasas, California March 28, 2018 3-2 VASIN, HEYN & COMPANY ABOVE THE BRIGHT LINE AN ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS I AUDITORS AND ADVISERS INDEPENDENT AUDITORS' REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND -ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Board of Directors of YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) Covina, California Report on Compliance for Each Major Federal Program We have audited YWCA of San Gabriel Valley (YWCASGV) (A California Non -Profit Corporation) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of YWCA of San Gabriel Valley's major federal programs for the year ended June 30, 2017. YWCA of San Gabriel Valley's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs. Auditors' Responsibility Our responsibility is to express an opinion on compliance for each of YWCA of San Gabriel Valley's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether 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 YWCA of San Gabriel Valley's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of YWCA of San Gabriel Valley's compliance. 3-3 �B 1 Opinion on Each Major Federal Program In our opinion, YWCA of San Gabriel Valley complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2017. Report on Internal Control Over Compliance Management of YWCA of San Gabriel Valley is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered YWCA of San Gabriel Valley's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance required by the Uniform Guidance, 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 YWCA of San Gabriel Valley's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of -a federal program will not be prevented, or detected and corrected, on a timely basis. A sign flcant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. V ate+^ -,14 Ar + 4. Calabasas, California March 28, 2018 3-4 W W J M J� I I I N if W 6 9 i 1 11s N N N C N N N N 9 i 1 11s N N N N N N N N N N N N NN N N M G G N 1 1 1 1 1 N H N N N H N N N N H N H N N N 1 1 1 1 1 1 1 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AND STATE AWARDS FOR THE YEAR ENDED JUNE 30, 2017 (FEIN: 95-1641967) 1. BASIS OF PRESENTATION The accompanying Schedule of Expenditures of Federal and State Awards (the "Schedule") includes the federal grant activity of YWCA of San Gabriel Valley under programs of the federal government for the year ended June 30, 2017. The information in this schedule is presented in accordance with the requirements of the Uniform Guidance, Audits of States, Local Governments, and Non -Profit Organizations. Because the schedule presents only a selected portion of the operations of YWCA of San Gabriel Valley, it is not intended to and does not present the financial position, changes in net assets or cash flows of YWCA of San Gabriel Valley. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown on the Schedule represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. Pass-through entity identifying numbers are presented where available. 3. DE M 14 MIS INDIRECT COST RATE YWCA of San Gabriel Valley did elect to use the 10% de minimis indirect cost rate for the year ended June 30, 2017. 4. LOAN AND LOAN GUARANTEE YWCA of San Gabriel Valley did not have any balances of loan and loan guarantee programs outstanding at June 30, 2017 for loans described in 2 CFR section 200.50(b). 3-7 YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED JUNE 30, 2017 Financial Statements Type of auditors' report issued on whether the financial statements audited were prepared in accordance with GAAP: Unmodified. Internal control over financial reporting. • Material weaimess(es) identified? • Significant defioiency(ies) identified? Noncompliance material to financial statements noted? Federal Awards Internal control over major programs: • Material weakness(es) identified? Yes X No Yes X _None Reported Ya - X_NO Yes X No • Significant deficiency(les) identified? Yes X None Reported Typo of auditors' report issued on compliance for major programs Unmodified. Any audit findings disclosed that am required to be reported in accordance with 2 CFR 200.516(a)? Identification of major programs: CFDA Nnmbertsl Various 93.044 93.045 93.053 93.558 93.569 Dollar threshold used to distinguish between type A and type B programs: Auditee qualified as low-risk auditee? Section II - Financial Statement Findings No matters were reported. Seaton III - Federal Award Fiudlugs and Ouestioned Costs No matters were reported. Yes X No Name of Federal Prom= or Cluster Aging Cluster: Special Programs for the Aging_Title III, Part B_Grants for Supportive Services and Senior Centers Special Programs for the Agiag_Tide III, Part C Nutrition Services Nutrition Services Incentive Program Temporary Assistance for Needy Families Community Services Block Grant 3-8 $750,000 X Yes No YWCA OF SAN GABRIEL VALLEY (A California Non -Profit Corporation) CURRENT AND PRIOR YEARS FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED JUNE 3% 2017 CURRENT YEAR FINDINGS AND OUESTIONED COSTS: 2017 Findings: There were no 2017 findings noted. 2017 Questioned Costs: There were no 2017 questioned costs noted. PRIOR YEARS FINDINGS AND QUESTIONED COSTS: 2016 Findings: There were no 2016 findings noted. 2016 Questioned Costs: There were no 2016 questioned costs noted. 2015 Findings: There were no 2015 findings noted. 2015 Questioned Costs: There were no 2015 questioned costs noted. 3-9 ITEM NO. 19 STAFF REPORT of ti TO: Honorable Mayor and Members of the City Council HU6OF . '� rHe FROM: Lourdes Morales, Chief Deputy City Clerk -C SAN r;AR]MiL ye DATE: April 3, 2019 kOJAW) SUBJECT: Second Reading of Ordinance No.1439 Entitled: "An Ordinance _ of the City Council of the City of Baldwin Park, California, Establishing a Community Choice Aggregation Program Pursuant to the Public Utilities Code" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1439, which establishes a Community Choice Aggregation Program pursuant to the Public Utilities Code. Ordinance No. 1439 was introduced during a regular meeting of the City Council on March 20, 2019. RECOMMENDATION Staff recommends that the City Council read, by title only, and adopt Ordinance No. 1439, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1439 was introduced during a regular meeting of the City Council held on March 20, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.)Attachment "A" - Ordinance No. 1439 Attachment A Ordinance No. 1439 ORDINANCE NO. 1439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE WHEREAS, the City of Baldwin Park ("City") is a general law city and a political subdivision of the State of California; and WHEREAS, the City is pursuing alternative energy solutions in hopes of bettering the current and future environmental and economic conditions of its community and region; and WHEREAS, the City has been actively investigating options to procure and provide electric power to its citizens with the intent of achieving greater local involvement over the provision of electric services and promoting competitively priced renewable energy; and WHEREAS, on September 24, 2002, the Governor signed into law Assembly Bill 117 which consists of amendments to and additions of Sections 218.3, 331.1, 366, 366.2, 381.1, 394 and 394.25 of the California Public Utilities Code (the "Act"), which authorizes any California city or county, whose governing body so elects, to combine the electricity load of its residents and businesses in a community -wide electricity aggregation program known as Community Choice Aggregation ("CCA"); and WHEREAS, through Docket No. R.03-10-003, the California Public Utilities Commission ("Commission") has issued various decisions and rulings addressing the implementation of Community Choice Aggregation programs, including the issuance of a procedure by which the Commission will review Implementation Plans, which are required for submittal under the Act as the means of describing the CCA program and assuring compliance with various elements contained in the Act; and WHEREAS, an initial technical study concluded that a CCA Program would serve the City and provide benefits to include the use of renewable energy at or above the required Renewable Portfolio Standard level while providing economic benefits to the City; and WHEREAS, the Baldwin Park CCA Implementation Plan was considered and approved by the Baldwin Park City Council at its regular meeting of November 14, 2018; and WHEREAS, the Baldwin Park CCA Implementation Plan was subsequently filed with the Commission for review and certification; and WHEREAS, as described in the Implementation Plan, Community Choice Aggregation by and through the City appears to provide a reasonable opportunity to accomplish all of the following: (a) provide greater levels of local involvement in and collaboration on energy decisions; (b) increase the amount of locally supplied renewable energy available to the City's citizens; and (c) provide initial price stability, long-term electricity cost savings and other benefits for the community; and WHEREAS, the City Council has determined that it is in the public interest and welfare to establish a CCA Program; and WHEREAS, the Act requires Community Choice Aggregation program participants to adopt an ordinance electing to implement a Community Choice Aggregation program within the jurisdiction of the local government agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS That the recitals set forth above are true and correct and are incorporated as though fully set forth herein. Section 2. APPROVAL OF COMMUNITY CHOICE AGGREGATION PROGRAM That the City Council hereby approve and direct that the City proceed with the implementation of the Baldwin Park CCA program within the City's jurisdiction, as described in the Implementation Plan. Section 3. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 4. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption. Section 5. CERTIFICATION First read at a regular meeting of the City Council of the City of Baldwin Park held on the 20th day of March, 2019, and adopted and ordered published at a regular meeting of said Council on the 3rd day of April, 2019. PASSED, APPROVED, AND ADOPTED this 3rd day of April, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on March 20, 2019. Thereafter, said Ordinance No. 1439 was duly approved and adopted at a regular meeting of the City Council on April 3, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK STAFF REPORT ITEM NO. 15 TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: April 3, 2019 "y SUBJECT: Approve and Adopt Resolution No. 2019-010 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate SUMMARY This report requests City Council selection of designated representatives and alternates as official representatives of the City. RECOMMENDATION Staff recommends City Council rescind Resolution 2019-001 and complete the review and appointment of members to the positions of delegates and alternates of the established committees and organizations presented in Resolution No. 2019-010, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". FISCAL IMPACT Not Applicable BACKGROUND Each year, following the reorganization of the City Council, the Council is requested to designate members as representatives and alternates on certain committees and organizations. During the regularly scheduled City Council meeting of February 20, 2019, the City Council made appointments to certain agencies approved by Resolution 2019-001 and directed staff pending appointments be brought back for selection. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1. Resolution No. 2019-010 2. Roster of City Council Appointed Delegates Attachment 1 Resolution No. 2019-010 RESOLUTION NO. 2019-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2019-001 adopted February 6, 2019 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Councilmember Susan Rubio Alternate: Mayor Manuel Lozano Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4th Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Re resentative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Council Member Ricardo Pacheco Mayor Pro Tem Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1St Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Re resentative: Mayor Pro Tem Cruz Baca Council Member Alejandra Avila Alternate: Councilmember Susan Rubio Council Member Paul C. Hernandez Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Chief of Police Chief of Police Alternate: Mayor Manuel Lozano Mayor Manuel Lozano Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2"d Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Council Member Paul C. Hernandez Alternate: Councilmember Ricardo Pacheco Council Member Alejandra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority - As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND - $150 per meeting) Existing Appointees New Appointees Representative: Councilmember Ricardo Pacheco Council Member Ricardo Pacheco Alternate: Chief of Police Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County - City Selection Committee - As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND - NO) Existing Appointees New Appointees Re resentative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments - Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND - NO) Existing Appointees New Appointees Representative: Councilmember Tem Cruz Baca Alternate: Councilmember Susan Rubio Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone - Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND — $161 per meeting) New Representative: Councilmember Ricardo Pacheco Alternate: Councilmember Cruz Baca Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees PRepresentative: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Mayor Manuel Lozano Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District -2nd Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND — $100 per meeting) Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3'd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mavor Pro Tem Monica Garcia Council Member Alejandra Avila Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2nd Thursday at 10:00 a.m.; Rio Hondo Event Center (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Councilmember Cruz Baca (Must be Elected Official) Pacheco Expires: 12/31/2019 per Health and Alternate: Chief Executive Officer Safety Code § 2024 a Alternate: Councilmember Ricardo Pacheco Councilmember Ricardo Pacheco "Not required Human Resources/Risk Expires: 12/31/2019 per Health and (May be staff member Manager Laura Thomas Safety Code § 2024 a Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3'd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mavor Pro Tem Monica Garcia Council Member Alejandra Avila Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2nd Thursday at 10:00 a.m.; Rio Hondo Event Center (MEMBERS RECEIVE A STIPEND — NO) Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Councilmember Ricardo Mayor Manuel Lozano (Must be Elected Official) Pacheco Alternate: Chief Executive Officer Chief Executive Officer Shannon (May be staff member Shannon Yauchzee Yauchzee Substitute Alternate: Human Resources/Risk Human Resources/Risk Manager (May be staff member Manager Laura Thomas Laura Thomas Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this V day of April, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-010 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 3, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 Roster of Appointed Delegates .O CL CL Q i O V i O 1 N E 0o tp CC �o Ln .• titL N . L" Q rIln 01 Ol o LO qi tin �p 00 I� M d V L M L ..... N S1! 00 O ,w t 000 Ln J'ji U Q c CO ■ `° m o tb b w 130 �, to N _..X ch a m N c o a��0 o u .c ,o U oLL,,�o 0 ucc(N0) csooa3 uti� c CLO c 4+ -a Ln c c m v ami > 0 tA 0 Ma s+ ++ u a �+ E vilz+n 0 � v a 0 0 o w� z L U u c o `c� o- 0 o N V t 7 �O o U N o!CC Ol M © G1 0 q? .,.i ,. i,; ON >, c6 •� U of W S a co! 3 i .:�': fCf �` m N Q ,n m Q3 oo c f0 x r� Q > Q ---- o c 'a o CL fo Q Q Q. eQ s u 4 CL Q Q N T _ v m E 0 c [:!to cc 0. Q V __—__ `...... ._. --- -- N ,r V 4J 3 V V 0 Q y- N •m C C C ++ 3 {!� ' 0 V C ++ GJ GJ o N 0 4J S `u 0 u Gi a w c ��_ '. L C , �". a% i s u Q: Qi 0 y +�0> 3 H j Q) �- r_ cu I oA 0o V; _ > O m O o J 41` ('� O E = C O CL O .4 01 ■O Y C V)7 t0 N .moi Q N gym.,'Q c o acs m In m p Z U E � �oC)� (Uto uD c ao L ami I j + w 1 cu 02 a p ami U O �Z Ia 1A via p E Io o m 0 O � 1 a1 E a, Ln t0 a" o00 a, m.241 nim Z M c o s > a co is v ao-0 > aj O ,� 2? f j1 3 . O PV C 0 m > �fN .-e V-1ma �. 0CL CL a � m ;M Iu m u . — . ..... - 4-d E 4- 40 V O 16 •O +4+ V w� 0 -o C M o Vr C7 V( +16" V = AGENDA BALDWIN PARK HOUSING AUTHORITY APRIL 3, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 HUS OF ' T H E : V SAN G',46RIEL VALLEY xL 06 Manuel Lozano - Chair Monica Garcia - Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FAVOR DEAPA GAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Se invita at publico a dirigirse a la Agencia nombrada en esta Authority on any matter posted on the agenda or on any agenda, para hablar sobre cualquier asunto publicado en other matter within its jurisdiction. If you wish to la agenda o cualquier tema que este bajo su jurisdiccion. address the Board, you may do so during the PUBLIC Si usted desea la oportunidad de dirigirse a la Agencia, podra COMMUNICATIONS period noted on the agenda. Each hacerlo durante el periodo de Comentarios del Publico person is allowed three (3) minutes speaking time. A (Public Communications) anunciado en la agenda. A cada Spanish speaking interpreter is available for your persona se le permite hablar por tres (3) minutos. Hay un convenience. interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours - Thursday, 7:30 a.m. - 6:00 p.m.) LL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION 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 DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. jCodigo de Gobierno §54954.21 CONSENT CALENDAR 1. Baldwin Park Housing Authority's Public Housing Agency FY 2019-2020 Annual Plan Staff recommends the Housing Board: 1. Adopt of the Public Housing Agency (PHA) FY 2019-2020 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment 1"); and 2. Approve Resolution No. HA -2019-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "2"). ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City HaA bulletin board not less than 72 hours prior to the meeting. Dated this 28th day of March, 201 -44 Lourdes Morales, Chief 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, 2„ d 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 Imorales@baldwinpark.com. with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact e Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to LLIncompliance ke reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) STAFF REPORT TO: FROM: DATE: SUBJECT: ITEM NO. Honorable Chair and Board Members of the Housing Authority Benjamin Martinez, Director of Community Development April 3, 2019 / Baldwin Park Housing Authority's Public Housing Agency FY 2019-2020 Annual Plan SUMMARY This report requests the Baldwin Park Housing Authority Board consider approval of the Public Housing Agency (PHA) FY 2019-2020 Annual Plan. RECOMMENDATION Staff recommends the Housing Board: 1. Adopt of the Public Housing Agency (PHA) FY 2019-2020 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment 1 "); and 2. Approve Resolution No. HA -2019-001 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "2"). FISCAL IMPACT The impact to the general funds is unknown at this time. However, once the actual amounts are determined it will be reflected in the FY 2019-2020 City budget presented to the City Council for approval. BACKGROUND At their regular meeting on March 20, 2019, the Housing Board held the public hearing at which time no comments were received. The Housing Board then closed the public hearing. Due to the absence of a formal approval, this item was continued to April 3, 2019 for approval. Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the public housing agency Five -Year and Annual Plan requirement. The Five -Year Plan describes the mission of the agency and the agency's long-range goals and objectives for achieving its mission. The Annual Plan outlines their approach to managing programs and providing services for the upcoming year. The Annual Plan also serves as the annual application for grants to support improvements to public housing buildings, such as the Capital Fund Program. In order to receive operating funds from HUD for Public Housing and Section 8 Housing Choice Voucher Programs, the Housing Authority must also submit an Annual PHA Plan for each year under the Five Year Plan. The FY 2019-2020 Annual Plan is due to HUD by April 12, 2019. DISCUSSION Rental Assistance Demonstration (RAD) HUD Los Angeles Field Office contacted BPHA and suggested that RAD program be considered for the McNeill Manor Public Housing units. RAD was created in order to give public housing authorities a powerful tool to preserve and improve public housing properties. RAD also gives owners the opportunity to enter into long-term contracts that facilitate the financing of improvements. Therefore, in order to properly review and consider the RAD option, RAD is identified in the FY 2019-2020 PHA Plan as an optional program. Any action to undertake RAD will be brought before the Housing Board for review and approval prior to implementation. Resident Advisory Board . To ensure public input, a Resident Advisory Board (RAB) meeting was held on January 24, 2019. A draft plan was provided to RAB members for review and comments. No Comments were received. Public notices and 45 -day comment period As required, a public notice was published in the San Gabriel Valley Tribune informing the public that the Annual Plan, including the Statement of Consistency with the Consolidated Plan, proposed capital improvements, and other required supporting documents, were available for public review. No comments have been received from the public regarding the PHA Plans. ENVIRONMENTAL IMPACT Although the approval of the PHA Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, all HUD funded project do require an Environmental Review, which will be completed prior in accordance with HUD requirements. LEGAL REVIEW Legal review is not necessary for the approval of the PHA Plan. ALTERNATIVE There is no alternative for this item. ATTACHMENTS 1. FY 2019-2020 PHA Plan 2. Resolution No. HA -2019-001 Attachment "1" Streamlined Annual U.S. Department of Housing and Urban Development OMB No. 2577-0226 PHA Plan Office of Public and Indian Housing Expires: 02/29/2016 (High Performer PHAs) Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD -50075 -HP is to be completed annually by High Performing PHAS. PHAs that meet the definition of a Standard PHA, Troubled PHA, HCV -Only PHA, Small PHA, or Qualified PHA do not need to submit this form. Definitions. (1) High -Performer PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCP) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A.1 PHA Name: Baldwin Park Housing Authority PHA Code: CA120 PHA Type: ❑ Small ® High Performer PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/01/2019 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 12 Number of Housing Choice Vouchers (HCVs) 880 Total Combined 892 PHA Plan Submission Type: ® Annual Submission ❑Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAS must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAS are also encouraged to provide each resident council a copy of their PHA Plans, PHA Plan was posted at the following locations: Baldwin Park Housing Authority main office; 14403 E. Pacific Ave. 2nd Floor, Baldwin Park, CA 91706, Baldwin Park online Facebook, and the Baldwin Park website: baldwinpark.com. ❑ PHA Consortia: Check box if submitting a Joint PHA Plan and complete table below Participating PHAS PHA Code Program(s) in the Consortia Program(s) not in the No. of Units in Each Program Consortia PH HCV Lead PHA: Page 1 of 5 form HUD -50075 -HP (12/2014) BA Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA Plan submission? Y N ❑ ® Statement of Housing Needs and Strategy for Addressing Housing Needs. ❑ ® Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. ❑ ® Financial Resources. ❑ ® Rent Determination. ❑ ® Homeownership Programs. ❑ ® Safety and Crime Prevention. ❑ ® Pet Policy. ❑ ® Substantial Deviation. ❑ ® Significant Amendment/Modification (b) The PHA must submit its Deconcentration Policy for Field Office Review. (c) If the PHA answered yes for any element, describe the revisions for each element below: B.2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ ® Hope VI or Choice Neighborhoods. ❑ ® Mixed Finance Modernization or Development. ❑ ® Demolition and/or Disposition. ❑ ® Conversion of Public Housing to Tenant Based Assistance. ® ❑ Conversion of Public Housing to Project -Based Assistance under RAD. ® ❑ Project Based Vouchers. ❑ ® Units with Approved Vacancies for Modernization. ❑ ® Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project -Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan. BPHA staff to begin a RAD application process for Public Housing McNeill Manor 12 units. If conversion under RAD is accepted, BPHA will provide required documents and activities under this process. BPHA is currently analyzing desirability of allocated project base vouchers to a new development project. B.3 Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5 -Year Plan. BPHA's Mission: 1. In compliance with the 1937 Federal Housing Act, the City of Baldwin Park will ensure that all assisted units are quality places that provide residents with safe, decent, sanitary, and affordable housing. 2. Provide quality customer service and economic assistance to low-income families and individuals regardless of race, color, religion, national origin, sex, familial status, and disability. 3.Create a sustainable, self-sufficient, and federally compliant housing program by effectively and efficiently utilizing federal and local resources. 4. Promote a positive and productive relationship with tenants and landlords by clearly explaining all federal regulations and local policies governing the Section 8 Program. 5. Detect and deter waste, fraud, and abuse by requiring all caseworkers to diligently review all documents and identify any unreported income and assets. In addition, requiring and enforcing the use of the EIV system by all caseworkers. BPHA's Goals: 1. Maintain a leasing rate of 98% to 100% and/or expend our total budget authority to lease the maximum units authorized by HUD. 2. Continue to strengthen our agency's financial position by controlling expenditures and periodically assessing staffing and business needs and implementing changes as necessary. 3. We will utilize the resources of both the Baldwin Park Housing Authority and its consortium of cities to create a synergy resulting in improved and more efficient delivery of services to its clients. 4. Work to ensure the de -concentration of low-income families in high -poverty areas by encouraging them and assisting them in moving to low - poverty areas and census tracts. The PHA will outreach to owners of units located outside areas of poverty or minority concentration. 5. Continue to maintain and improve our SEMAP scores by addressing any areas of weakness and implementing new procedures to improve specific SEMAP indicators/scores. 6. Educate staff on new regulations and enforce current regulations that pertain to policies that affect the family's initial eligibility and continued assistance in the program. It is our goal to reduce any errors in calculating the housing assistance through training and quality control. 7. We have continued our efforts to leverage private and/or other public funds to create additional housing opportunities. 8. We will continue to assess and improve our public housing management and our voucher management. 9. We will continue our services agreement with the Fair Housing Agency to promote equal housing opportunities free from discrimination. 10. Our housing authority will ensure access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability. 11. Continue to remain smoke free Public Housing as it has been since 2013. Page 2 of 5 form HUD -50075 -HP (12/2014) B.4. Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N ❑® (b) If yes, please describe: C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan Form 50077 -ST -HCV -HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.2 Civil Rights Certification. Form 50077 -ST -HCV -HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N ❑® If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. None were provided. CA Certification by State or Local Officials. Form HUD 50077 -SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. MINE D.1 Capital Improvements. Include a reference here to the most recent HUD -approved 5 -Year Action Plan (HUD -50075.2) and the date that it was approved by HUD. CFP 5 -Year Action Plan (HUD -50075.2) approved April 1, 2015. Page 3 of 5 form HUD -50075 -HP (12/2014) Instructions for Preparation of Form HUD -50075 -HP Annual Plan for High Performing PHAs A. PHA Information. All PHAs must complete this section. A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR 003.23(4)(e)) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. B.1 Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant -based assistance waiting lists. 24 CFR 003.7(a)(1) and 24 CFR §903.12(b). Provide a description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent it pertains to the housing needs of families that are on the PHA's public housing and Section 8 tenant -based assistance waiting lists. 24 CFR 003.7(a,)(2)(ii) and 24 CFR §903.12(b). ❑ Deconcentration and Other Policies that Govern Eligibility, Selection and Admissions. Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. 24 CFR 003.7(b) Describe the PHA's procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists. 24 CFR §903.7(b) A statement of the PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR &903.7(b,) Describe the unit assignment policies for public housing. 24 CFR &903.7(b) ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR 6903.7(c) ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR &903.7(d) ❑ Homeownership Programs. A description of any homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA's 5 -Year PHA Plan is also due, this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y) of the 1937 Act. (24 CFR &903.7(k) and 24 CFR §903.12(b). ❑ Safety and Crime Prevention (VAWA). A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR 003.7(m)(5)) ❑ Pet Policy. Describe the PHA's policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n)) ❑ Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5 -Year Plan. (24 CFR 6903.7(r)(2)(i) ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a "Significant Amendment or Modification" to its 5 -Year and Annual Plan. Should the PHA fail to define 'significant amendment/modification', HUD will consider the following to be `significant amendments or modifications': a) changes to rent or admissions policies or organization of the waiting list; b) additions of non -emergency public housing CFP work items (items not included in the current CFP Annual Statement or CFP 5 -Year Action Plan); or c) any change with regard to demolition or disposition, designation, homeownership programs or conversion activities. See guidance on HUD's website at: Notice PIH 1999-51. (24 CFR 003.7(r)(2)(ii) If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR 003.23(b)) Page 4 of 5 form HUD -50075 -HP (12/2014) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year, mark "yes" for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark "no." ❑ Hope VI. 1) A description of any housing (including project name, number (if known) and unit count) for which the PHA will apply for HOPE VI; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process. See guidance on HUD's website at: http://www.hud.2ov/offices/pih/programs/ph/hope6/index.cftn. (Notice PIH 2010-30) ❑ Mixed Finance Modernization or Development. 1) A description of any housing (including name, project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD's website at: httv://www.hud.gov/offices/pih/nro¢rams/nh/hone6/index.cfn. (Notice PIH 2010-30) ❑ Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including name, project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's website at: h_ptt ://www.hud.pov/offices/pih/centers/sac/demo dispo/index.cfm. (24 CFR 003.7(h)) ❑ Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant -based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at: ho://www.hud.gov/ofrices/pih/centers/sac/conversion.cfm. (24 CFR &903.0) ❑ Project -Based Vouchers. Describe any plans to use HCVs for new project -based vouchers. (24 CFR 083.57(b)(1)) If using project -based vouchers, provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan. ❑ Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5 -Year PHA Plan. (24 CFR 003.7(r)(1)) B.4 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark "yes" and describe those findings in the space provided. (24 CFR 003.7(12)) C. Other Document and/or Certification Requirements CA Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD -50077 SM -HP. C.2 Civil Rights Certification. Form HUD -50077 SM -HP, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR &903.7(0)) C.3 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark "yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR 003.13(c), 24 CFR §903.19) CA Certification by State or Local Officials. Form HUD -50077 -SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15) D. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR 903.7 (g)) DA Capital Improvements. In order to comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan. PHAs can reference the form by including the following language in Section C. 8.0 of the PHA Plan Template: "See HUD Form 50075.2 approved by HUD on XX/XX/XXXX." This Information collection Is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added anew section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5 -Year and Annual PHA Plan. The 5 -Year and Annual PHA Plans provide a ready source for Interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and Informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- Income, very low- Income, and extremely low- Income families. Public reporting burden for this information collection Is estimated to average 16.64 hours per response, Including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. HUD may not collect this Information, and respondents are not required to complete this form, unless It displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development Is authorized to solicit the Information requested In this form by virtue of Tide 12, U.S, Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations, Responses to the collection of information are required to obtain a benefit or to retain a benefit The Information requested does not lend itself to confidentiality. Page 5 of 5 form HUD -50075 -HP (12/2014) 0 � b A U X � ° ° a a � b U � F d� N 0 0 O N 0 0 0 0 0 d e A g afl fl 9 I o O u w N N N N N A U� Cru A -A .1 •.A ta. ua� tn vp c P, w Ay ,gg GC F�t®j A 00 - N N N R N N V1 a ca Aq 1 P-4 i a III lri I Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PHA s) U. S Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 2/29/2016 Certification by State or Local Official of PHA. Plans Consistency with the Consolidated Plan or State Consolidated Plan I, Shannon Yauchzee , the Executive Director Official's Name Official's Title certify that the 5 -Year PHA Plan and/or Annual PHA Plan of the Baldwin Park Housing Authority PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments (AI) to Fair Housing Choice of the City of Baldwin Park Local Jurisdiction Name pursuant to 24 CFR Part 91. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the Al. City of Baldwin Park is dedicated to providing affordable housing and community development opportunities for low and moderate income persons and is committed to providing such services in accordance with Fair Housing Laws. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and eoourate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012; 31 U.S.C. 3729, 3802) Shannon Yauchzee signature Executive Director Date Page 1 of 1 form HUD -50077 -SL (12/2014) Certifications of Compliance with U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plans and Related Regulations OMB No. 2577-0226 (Standard, Troubled, HCV -Only, and Expires 02/29/2016 Hzgh Performer PHAs) PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA ojf1clal if there is no Board of Commissioners, I approve the submission of the 5 -Year and/or X Annual PHA Plan for the PHA fiscal year beginning 2016. hereinafter referred to as" the Plan ", of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner, in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA, has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions. 7. For PHA Plans that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PICAMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2010-25); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). 8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 11. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. Page 1 of 2 form HUD -50077 -ST -HCV -HP (12/2014) 12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 13. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 14. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 15. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 16. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 17. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 18. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 19. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s). Baldwin Park Housing Authority PHA Name X Annual PHA Plan for Fiscal Year 2019-2020 5 -Year PHA Plan for Fiscal Years 20 -20 CA120 PHA Number/HA Code I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001,1010,1012; 31 U.S.C. 3729, 3802). Name of Authorized Official Shannon Yauchzee Signature Title Executive Director Date Page 2 of 2 form HUD -50077 -ST -HCV -HP (12/2014) VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005 (VAWA 2005) STATEMENT OF ACKNOWLEDGEMENT The Baldwin Park Housing Authority hereby acknowledges its responsibilities and requirements under VAWA 2005 and will ensure proper enforcement of VAWA and comply with all requirements that are incorporated into the Housing Choice Voucher HAP Contract and Tenancy Addendum. The Baldwin Park Housing Authority provides proper notification to property owners and program participants informing them of their rights and responsibilities as well as resources to families in need of assistance. The BPHA partners with the City of Baldwin Park public service program which provides resources to victims of domestic violence, sexual assault, date rape, anger management, and child and elder abuse. Agencies providing assistance include but are not limited to Project Sister, Police Department Domestic Violence Advocate, Santa Anita Family Service Center, Adult Protective Services and several local churches. Information is provided to tenants at all briefings and to property owners and again to tenants at time of new contracts. Counseling sessions, which include referrals is provided to the tenants once the BPHA becomes aware or suspects that there is a need for such assistance. 2013 REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT (VAWA 2013) The Baldwin Park Housing Authority is preparing its Emergency Transfer Plan and all relevant notices to implement and comply with VAWA 2013. The Transfer Plan will be approved by the Housing Board by the May 15, 2017 compliance date. Attachment "2" RESOLUTION NO. HA 2019-001 A RESOLUTION OF THE CITY OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING ANNUAL AGENCY PLAN FOR FY 2019-2020 WHEREAS, the Baldwin Park Housing Authority administers the Section 8 Housing Choice Voucher and Public Housing Programs with funds provided by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the 2015-2019 Five Year Plan and FY 2019-2020 Annual PHA Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long-range goals and objectives for achieving it's mission, the agency's approach to managing programs, and providing services for the upcoming five years. WHEREAS, the FY 2019-2020 Annual PHA Plan serves as the annual application for the Capital Fund Program grant and Operating Fund to support improvements to it's public housing. WHEREAS, HUD regulations require Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant -Based assistance (vouchers) programs submit updated Annual PHA Plans on an annual basis. NOW, THEREFORE, the Baldwin Park Housing Authority does resolve as follows: SECTION 1. That the 2019-2020 Annual PHA Plan has been established in accordance with the Housing Quality and Work Responsibility Act and is current with HUD regulations. SECTION 2. That the Chairman and Secretary shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 3rd day of April 2019. Manuel Lozano, Chairman ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) .ss CITY OF BALDWIN PARK ) I, , Deputy City Clerk of the City of Baldwin Park do hereby certify that the above foregoing Resolution was duly passed and adopted by the Baldwin Park Housing Authority at a Special Meeting thereof, held on the 31d day of April 2019, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Deputy City Clerk