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.