HomeMy Public PortalAboutOrd. 1587ORDINANCE NO. 1587
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING
SECTION 6 -7 TO THE LYNWOOD MUNICIPAL CODE ESTABLISHING A
POLICY GOVERNING GRANTS, DONATIONS AND GIFTS TO THE CITY AND
CONDITIONS OF ACCEPTANCE THEREFOR, DELEGATING LIMITED
AUTHORITY TO CITY STAFF TO SOLICIT AND ACCEPT GRANTS,
DONATIONS AND GIFTS, AND PROVIDING FOR ESTABLISHMENT OF
ADMINISTRATIVE GUIDELINES TO GOVERN DISPOSITION THEREOF
WHEREAS, Government Code §37354 permits the City Council of a City to accept or
reject any gift, bequest or devise made to or for the City, or to or for any of its officers in
their official capacity or in trust for any public purpose, and further empowers a City
Council to hold and dispose of such property and the income and increase from same
for such uses as are prescribed in the terms of the gift, bequest, or devise; and
WHEREAS, If the terms of a gift, bequest, or devise do not prescribe or limit the uses to
which the property received or the income or increase from it may be put, Government
Code §37355 permits a City Council to put such gift, bequest or devise, or the income
or increase from its use to such uses as a City Council may prescribe;
WHEREAS, the administration of the City's programs occasionally provides
opportunities for the City to receive gifts or donations of property and income; and
WHEREAS, the City Council wishes to establish a policy setting forth the circumstances
under which contributions may be either solicited and accepted; or, if unsolicited,
accepted; and
WHEREAS, the experience of the City is that contributions are made under a variety of
circumstances including those received with restrictions as to their use and, in other
cases, unrestricted as to their use and purpose; and
WHEREAS, the timely use of contributions and the handling of the same is a critical
component of a program involving contributions, and the City wishes to encourage
administration of City programs that occasional provide opportunities to receive gifts or
donations of property and income; and
WHEREAS, the City Council further wishes to provide for the effective and legally
sufficient means to abide by Donor intentions without compromising the City's ability to
manage resources and deliver services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 6 -7 is hereby
added to the Lynwood Municipal Code to read as follows:
6 -7.1 Definitions
"Donation or Donations" means presentation by third parties of any tangible or
intangible asset including Gifts, in whatever condition, the City is prepared to accept
pursuant to the policy set forth herein and administrative guidelines promulgated
pursuant to this Ordinance.
"Donor" means an individual or legal entity making a Gift or Donation to the
City.
"Gift or Gifts" means the voluntary transfer of property, real or personal,
including money or marketable securities, from a third party to the City or any of the
City's Departments or constituent entities such as the Lynwood Information, Inc. or the
Lynwood Public Finance Authority.
"Grant" means funding provided by third parties, public and private entities,
available to the City through an application process, and when applied for pursuant to
City Council authorizations, and funded by the party offering the grant, permits the City
to spend the approved funding under conditions set forth in the grant program
application or established by the funding source.
"Intended Use "" when applied to Gifts or Donation means the direction or
limitation placed upon a Gift or Donation Donor which the City must agree to as a
condition of acceptance and use of the Gift or Donation.
"Restricted Account" means the account or accounts into which the City
deposits the Gift or Donation.
"Restrictions" means the condition or conditions placed upon a Gift or Donation
by the Donor and /or any limitation on the use of a Gift or Donation to the City placed on
said item by the Donor that impairs the ability of the City to dispose of or use the Gift or
Donation in any manner it determines appropriate.
"Segregation of Funds" means the City's record - keeping means and
management program that will maintain as separately identifiable the Gifts or Donations
until their use by the City.
6 -7.2 Purpose. The City Council of the City of Lynwood hereby finds that there are
individuals and entities willing to make resources available to the City to provide for the
delivery of programs or services to its residents. When made available to the City, such
resources enhance the City's ability to serve the needs of its residents and businesses
alike. The clear and transparent management of Gifts or Donations serves to
encourage Donors' continued participation in charitable endeavors. To provide for the
effective management of such resources and encourage the contributions of the same
to the City, the City hereby adopts the policy set forth in this Ordinance.
6 -7.3 Solicitation of Gifts or Donations.
a. There shall be no solicitation of Gifts or Donations by any City staff except pursuant
to the following guidelines:
1. Solicitations for Gifts or Donations may be made only by Department
Directors or their designated staff.
2. Solicitations for Gifts or Donations may only be made for specials programs
or functions administered by the Department making the solicitation. No solicitation
shall be made by the City for Gifts or Donations intended to benefit a single
individual.
3. Department Directors may not authorize staff or engage in solicitation for Gifts
and Donations without prior notification and authorization from the City Manager.
b) All solicitations must comply with the City's administrative guidelines to be
promulgated by the City Manager following the adoption of this Ordinance and in advance
of any solicitation or acceptance of Gifts or Donations authorized by this Ordinance.
6 -7.4 Acceptance of Gifts and Donations.
a. Gifts or Donations provided to the City free of any restrictions may be accepted by
City employees authorized by their Department Directors to do so provided the Gifts or
Donations are not restricted in any way or, if restricted, the restriction on the use of the
Gifts or Donations is limited to the intended use for which the solicitations was made
pursuant to a City Council approved program.
b. All funds accepted by the City as a result of solicitation for Gifts or Donations shall
be deposited into a Restricted Account in the City Treasury. At all times there shall be
Segregation of Funds pursuant to administrative guidelines providing that any limitation on
or of use of received funds will be met and such compliance will be verifiable.
C. Unrestricted Gifts or Donations in any amount designated for specific programs
established by Council action shall not require further action by Council for acceptance.
Notwithstanding the foregoing, Gifts or Donations of real property or any estate in real
property may only be accepted pursuant to applicable state law, including but not limited
to, the requirement of a resolution of acceptance passed by the legislative body pursuant
to Government Code section 27281.
d. The City Council shall receive quarterly reports from the City Manager or his /her
designee on all Gifts or Donations received. Such reports shall contain the following
information:
The amount of each gift or donation and the date of receipt;
2. The name of the Department Director or Designee who solicited the gift or
donation;
3. The name of the donor;
4. An explanation of any restrictions placed on the gift or donation or the
expenditure or allocation of the funds and increases derived therefrom, and
compliance, if any should be required, with conditions or restrictions on the
funds received;
5. Such other information as the City may prescribe in its administrative
guidelines.
6 -7.5 ALLOCATION, EXPENDITURE AND USE OF FUNDS
No action by the City Council shall be required for the allocation, expenditure or use of
Gifts or Donations provided the same are used for the purpose designated by the Donor,
and the total amount of funds in question for a specific program does not exceed Fifteen
Thousand Dollars ($15,000) in any one fiscal year. In the event the proposed total of
funds to be allocated and spent exceeds Fifteen Thousand Dollars ($15,000) in any one
fiscal year, the proposed allocation or expenditure of funds shall be presented to the City
Council for action.
6 -7.6 GRANT FUNDING
The City may apply for funding from any type of available grant. The City Manager or his
designee shall approve applications for grants in all instances except in cases where the
grant conditions require City Council approval before presenting the grant application to
the funding source. Use of grant funds shall be at all times consistent with funding
conditions and shall be done under the supervision and direction of the City Manager
except in cases where the conditions of the grant require City Council approval before the
funds may be used. In cases involving the allocation of more than Fifteen Thousand
Dollars ($15,000) for a program in any one fiscal year, City Council approval must be had
prior to the use of the funds in question.
Section 2: If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining sections, subsections, sentences, clauses, phrase, or portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 3: This ordinance shall take effect thirty (30) days after its final passage.
Section 4: The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published as required by
law.
First read at a regular meeting of the City Council held on the .3R1 day of
OCTOBER 2006 and adopted and ordered published at a regular meeting of
said Council held on the 17TH day of OCTOBER 2006.
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
I . Arnoldo Beltran, City Attorney
Leticia Vasquez, Mayor
City of Lynwood
M
STATE OF CALIFORNIA ).
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 17TH day of OCTOBER , 2006.
AYES: COUNCILMEMBERS, BYRD, JOHNSON, PEDROZA, AND SANTILLAN
NOES: NONE
ABSENT: MAYOR VASQUEZ
ABSTAIN: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1587 on file in my office and that said Ordinance
was adopted on the date and by the vote therein stated.
Dated this 17TH day of OCTOBER , 2006.
Ox` 04���
Andrea L. Hooper, City Clerk