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HomeMy Public PortalAbout2009.120 (06-16-09)RESOLUTION NO. 2009.120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CITY OF LYNWOOD DONATION/FEE WAIVER POLICY WHEREAS, City Council of the City of Lynwood would like to promote community, charitable and similar activities in Lynwood that yield an appropriate public purpose, consistent with the provisions of the California Constitution, Art. XVI, sec. 6; and WHEREAS, While the City encourages organizers of community, charitable and similar activities in Lynwood to obtain their funding and other support independent of City support, aDonation/Fee Waiver Policy provides a procedure for City support of non-profit entities who participate in and promote events that are beneficial to the community or otherwise provide a valid and substantial public purpose within the mission of the City and demonstrate a need for assistance. NOW, THEREFORE THE MEMBERS OF THE LYNWOOD CITY COUNCIL DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1: The City Council approves the City of Lynwood Donation/Fee Waiver Policy attached as Exhibit A. Section 2: The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED this 16~h day of June 2009. Maria T. Santillan Mayor ATTEST: ~ ~ Maria Quinonez Roger L. Haley City Clerk City Manager APPROVED AS TO FORM: ~('n i ,~, d Galante City Attorney APPROVED AS TO CONTENT: orry Hem Assistant City Manager STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16th day of June, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE iGG'~'c ~//.~j Maria Quinonez, ity 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 Resolution No. 2009.120 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 16th day of June, 2009. Maria Quinonez, Ci£v Clerk EXHIBIT A CITY OF LYNWOOD DONATION/FEF WAIVER POLICY The City Council of the City of Lynwood would like to promote community, charitable and similar activities in Lynwood that yield an appropriate public purpose, consistent with the provisions of the California Constitution, Art. XVT, sec. 6. While the City encourages organizers of community, charitable and similar activities in Lynwood to obtain their funding and other support independent of City support, this Policy provides a procedure for City support of non- profit entities who participate in and promote events that are beneficial to the community or otherwise provide a valid and substantial public purpose within the mission of the City and demonstrate a need for assistance. All donations or fee waivers must be considered and approved by the City Council, pursuant to the terms of this Policy. 1. Application Process. The requested donation or fee waiver must meet the criteria set forth at Section 3 below. All applications must explain, in sufficient detail for the City to understand, all of the following information: a. If the applicant is an entity, it must disclose the nature of the organization and confirm its non-profit status. The applicant must also demonstrate the designated goals and objectives of the organization. b. If the applicant is an individual, he/she must provide proof of current residency in Lynwood. c. The application must demonstrate how the requested donation or fee waiver benefits Lynwood and meets the criteria set forth in Section 3 below. d. The application must demonstrate how the funds, item of value or fee savings will be used. 2. Funds Set Aside for Discretionary Donations/Fee Waivers. On an annual basis through the budget process, the Council will set aside a donations fund, including City's payment for costs not covered by an applicant where a City fee is waived. 3. Criteria for Approval of Donations/Fee Waivers. The City Council may approve a donation of funds, items of value or payment of costs resulting from fee waivers for applicants when such donation or fee waiver would serve a public purpose. The following criteria must be established to qualify for a donation or fee waiver: a. Applicants. Applicants for donations must be either: Recognized by the Internal Revenue Service as a~ not-tor-profit organization, charitable organization or athletic, academic or social non-profit student organization established by any elementary, middle or high school serving Lynwood residents. Any organization meeting the criteria of this subsection 3.a.i must also have a minimum of fifty one percent (51%) Lynwood residents or businesses that either actively participate in the organization or benefit from the requested donation. ii. Current residents of Lynwood. b. Donations Criteria. Donations may be granted where the applicant may establish, through documentary proof, that the criteria of all subsections b.i through b.iii below can be met. i. Benefit the community. This includes, but is not limited to, circumstances where the applicant: 1. Supports civic or provide community programs for Lynwood residents or businesses; 2. Provides financial assistance to Lynwood residents or businesses; 3. Involves participation by a significant number of Lynwood residents; 4. Provides a venue, which will serve as a significant attraction of visitors to the community and revenue to the City will exceed the requested donation; or 5. Improves the condition of property or availability of affordable housing within Lynwood. ii. Provide a nublic service or otherwise promote the public health, safet and welfare. This includes, but is not limited to, circumstances where the individual or entity provides needed donations or other assistance to Lynwood residents and businesses in areas such as: 1. health care; 2. counseling and guidance services; 3. abatement of dangerous or unhealthful living or working conditions, including but not limited to those constituting violations of the Lynwood Municipal Code; 4. affordable housing; 5. transportation needs of residents or employees; 6. educational benefits; 7. cultural awareness and education; or 8. nutritional needs of residents. iii. Demonstrate a need for assistance. This requires the individual or entity to demonstrate to the City, based on such proof as may be required by the City's Finance Director or designee, that there is a need for financial assistance and the individual or entity does not have adequate financial resources to meet that need without the City's assistance. c. Religious Organizations. The City will not approve any requested donation or fee waiver that otherwise meets the above criteria if the donation will cause the City to violate the Establishment Clause of the United States Constitution. Generally, a donation or fee waiver to a religious organization violates the Establishment Clause, unless it primarily serves a secular purpose, neither advances or inhibits any religion and avoids excessive entanglement by the City in any religion or religious purpose. 4. Recipients Obligations to Report Use of Funds. Sixty (60) days after receipt of the donation or fee waiver, the recipient shall provide a written explanation to the City, in a form approved by the City, of how the donated funds or item(s) of value bas been used and benefited the City, its residents or businesses in the manner set forth at Section 3 above. 5. City Council Consideration of Donation/Fee Waiver. "The City Manager or designee shall review all applications for donations or fee waivers and forward those that meet the provisions of this Policy to the City Council for consideration. If the City Council fmds that all the requirements under this Policy have been met, it may, in its sole discretion, approve the requested donation or fee waiver. Alternatively, the City Council may deny or reduce such requested donation or fee waiver in an amount it deems appropriate based upon its assessment of the level by which the proposed activity meets the criteria outlined in this Policy. The decision of the City Council on any donation or fee waiver shall be tinal.