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Ordinance No. 1265 ORDINANCE NO . 1265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING SECTION 2 . 162 AND SECTIONS 2 . 164 THROUGH 2 . 166 OF ARTICLE XX OF CHAPTER 2 OF THE VERNON MUNICIPAL CODE RELATING TO THE VERNON COMMUNITY FUND WHEREAS, on February 4, 2014, the City Council of the City of Vernon adopted Ordinance No. 1218 establishing the Vernon CommUNITY Fund Grant Committee (the "Grant Committee") ; and WHEREAS, Section 2 . 162 of Article XX of Chapter 2 of the Vernon Municipal Code establishes the scheduling of Grant Committee meetings; and WHEREAS, Sections 2 . 164 through 2. 166 of Article XX of Chapter 2 of the Vernon Municipal Code establish the allocation of funds by the Grant Committee, eligibility criteria for grant recipients, and criteria for ranking grant proposals; and WHEREAS, on January 17, 2017, the City Council of the City of Vernon adopted Ordinance No. 1238 amending Section 2 . 164 of Article XX of Chapter 2 of the Vernon Municipal Code to allow for funds appropriated to the Vernon CommUNITY Fund to cover administrative costs associated with its management; and WHEREAS, on October 16, 2018, the City Council of the City of Vernon adopted Ordinance No. 1257 amending Sections 2 . 164 through 2 . 166 of the Vernon Municipal Code to modify Vernon CommUNITY Fund ("VCF") grant allocation provisions and include the specific eligibility and selection criteria for scholarship applicants; and WHEREAS, by memorandum dated April 7, 2020, the City Administrator has recommended the adoption of an ordinance amending Section 2. 162 regarding the schedule of Grant Committee meetings depending on allocations of funds to the VCF, and Sections 2 . 164 through 2 . 166 of the Vernon Municipal Code to modify VCF grant allocation provisions and criteria to eliminate the capital grant offering from the program; and WHEREAS, the City Council desires to amend Section 2. 162 regarding the schedule of Grant Committee meetings depending on allocation of funds to the VCF, and Sections 2 . 164 through 2 . 166 of Article XX of Chapter 2 of the Vernon Municipal Code to modify Vernon CommUNITY Fund grant allocation provisions and criteria to eliminate the capital grant offering from the program. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct . SECTION 2 : Section 2 . 162 of Article XX of Chapter 2 of the Vernon Municipal Code is hereby amended to read as follows : Sec. 2 . 162 . Scheduling Committee Meetings. If City Council has approved an allocation of funds to the VCF for the fiscal year, the following shall apply: (a) Regular Meetings . The Grant Committee shall have regular meetings at least twice per year, on dates and at times established by a resolution of the Committee. (b) Cancelling meetings . Upon request of a majority of the Grant Committee, the Executive Director shall cancel a properly called previously scheduled meeting (regular or otherwise) and provide notice no less than 10 days in advance to the Grant Committee and the public of the date of the new meeting. (c) Initial and Special meetings . The date of the first - 2 - meeting and any special meeting shall be set by the Executive Director. Special meetings of the Grant Committee shall require no less than 10 days prior notice to the Grant Committee and the public. (d) Meeting location. Meetings shall be held at City Hall, unless the Executive Director selects a different publicly accessible location within the City of Vernon. SECTION 3: Section 2 . 164 of Article XX of Chapter 2 of the Vernon Municipal Code is hereby amended to read as follows: The Grant Committee shall allocate funds appropriated to the VCF by the City Council according to the following formula: (a) Administrative Costs shall be determined for the fiscal year and the amount shall be allocated for payment from funds appropriated to the VCF. (b) The remainder of available funds in any fiscal year may be awarded to proposals to expend funds on direct services and/or scholarship grants. No single grant of this type shall be in an amount more than $250, 000 . SECTION 4 : Section 2 . 165 of Article XX of Chapter 2 of the Vernon Municipal Code is hereby amended to read as follows : In conjunction with the eligibility requirements herein, the Grant Committee may adopt administrative guidelines consistent with the provisions of this Article for the purpose of interpreting, clarifying, and carrying out the program parameters established herein. Said guidelines may be adopted through the normal activities of the Grant Committee if deemed appropriate and shall always work in tandem with the eligibility requirements set forth in this section. (a) For direct service grants : i . Only organizations exempt from taxation under Section - 3 - 501 (c) (3) of the Internal Revenue Code or bona fide American governmental entities shall be eligible to receive grants . ii . Eligibility criteria for 501 (c) (3) tax-exempt organizations to receive funds at any time: (1) Have received a letter from the Internal Revenue Service recognizing the organization as exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code and classifying the entity as a public charity, and provide a certification that the organization' s tax-exempt status remains in effect both at the time of application for a grant and at the time of receipt of the grant . (2) Be operated and organized in a manner that does not discriminate in the hiring of staff/contractors or the provision of services on any basis protected from discrimination under the California Fair Employment and Housing Act and/or the California Unruh Act . (3) Have adopted a conflict of interest policy consistent with the Internal Revenue Service' s recommended conflict of interest policy published in Appendix A of Form 1023 Instructions (see http: //www. irs . gov/.ub/irs-pdf/i1023 . .df) or any successor thereto. (4) Establish an independent audit committee and/or retain independent auditors, if required to do so by state or federal law. (5) Adhere to generally accepted best practices in the philanthropic industry in all areas, including but not limited to board governance, document retention, ethics and whistleblower policies, executive compensation, investment of funds, fundraising, preparation - 4 - of financial statements and/or audits . (6) Anticipate receiving the majority of its funding in the year (s) in which it would receive VCF grants from sources other than the VCF. (7) Not employ or otherwise provide or promise, at the time of the application or within the previous 12 months, gifts, political contributions, income or compensation, directly or indirectly, to: 1 . Any member of the Grant Committee. 2 . Any member of the Vernon City Council . 3 . Any officer of the City of Vernon. 4 . Any employee or consultant of the City of Vernon who engages in significant work related to the VCF. 5. An immediate family member of any of the above. a. Immediate family members include spouses and registered domestic partners, children, children' s spouses and/or registered domestic partners, brothers, brothers-in-law, sisters, sisters-in-law, and all other family members who reside in the person' s household or are claimed as dependents. A person shall be deemed to be provided indirect income or compensation by a grant applicant if he or she owns or is otherwise entitled to profits of 10% or more of a firm or entity that receives income or compensation from the grant applicant . In addition, the - 5 - Executive Director shall have the authority to determine that a person has been provided indirect income or compensation by a grant applicant . iii . Eligibility criteria for governmental entities: (1) Be a bona fide governmental entity, or agency thereof, located entirely or partially within the State of California. (2) Have policies and procedures to ensure compliance with all applicable good governance and ethics requirements. (3) Agree to provide detailed accountings of the use of grant funds to the Grant Committee. (b) For scholarship grants : i . Scholarship applicants must meet all eligibility standards that are identified below: (1) Must be a graduating high school senior. (2) At the time of VCF Scholarship application submission, achievement of the established Minimum Weighted Grade Point Average in high school level coursework for trade school or two-year College applicants; or the established Minimum Weighted Grade Point Average of in high school level coursework for four-year College/University applicants. (3) Provide evidence of acceptance to an accredited college, university, or trade school. Proof of registration at an accredited college, university, or trade school is required before any funds will be disbursed. (4 ) Proof of residency in the Vernon Area, as defined in Section 2 . 157 (c) , for at least 12 months (U. S. Citizenship is not required) ; Proof must be under the applicant' s name, or parent' s name if the applicant is a dependent student . / / / - 6 - (5) Demonstration of strong leadership skills and responsibility (successfully communicated in scholarship application) . (6) Dedication to extracurricular activities and/or community involvement . (7) Not a City of Vernon employee or relative, or dependent of a City of Vernon employee, Vernon City-appointed official, or Vernon City-elected official . (8) Adherence to all standards and requirements set forth in the scholarship grant administrative guidelines adopted by the Grant Committee. SECTION 5 : Section 2 . 166 of Article XX of Chapter 2 of the Vernon Municipal Code is hereby amended to read as follows : In conjunction with the criteria herein, the Grant Committee may adopt administrative guidelines consistent with the provisions of this Article for the purpose of interpreting, clarifying, and carrying out the program criteria established herein. Said guidelines may be adopted through the normal activities of the Grant Committee if deemed appropriate and shall always work in tandem with the criteria set forth in this section. (a) For direct service grants : i . The Executive Director and the Grant Committee shall rank all proposals from eligible grant applicants by using the following factors: (1) The extent to which the funds will promote the health, safety, and welfare of persons residing or working within the Vernon Area. (2) The benefit anticipated to accrue to the Vernon Area. - 7 - (3) The extent to which the public will appreciate that the benefits of the proposed actions were a direct result of the funding provided by the City of Vernon. (4) Evidence that the funds will be used by an organization with sufficient capacity to do the work, and will be used effectively and without inefficiencies, waste or fraud. Notwithstanding the above, no grant shall be awarded unless doing so serves a municipal purpose of the City of Vernon. (b) For scholarship grants: i . Award Criteria (not in order of priority) (1) Financial need (2) Academic achievement (3) Community/extracurricular involvement (4) Leadership at school or in the community (5) Awards and recognition (6) Personal and/or family attributes, as demonstrated through scholarship application process . SECTION 6: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. SECTION 7 : Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, - 8 - irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 8 : Book of Ordinances. The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted within 15 days after its passage, as required by law. SECTION 9: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 21st day of April, 2020 . (/1111 ) ? Name: Leticia Lopez Title : Mayor 4,Mayor Pro- Tit ATTES : Of (� Lisa Pope, City APPRO E AS TO FORM: • Arnold M. Alva z-Glasman, Interim City Attorney - 9 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Lisa Pope , City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1265 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, April 7, 2020, and thereafter adopted at a meeting of said City Council held on Tuesday, April 21, 2020, by the following vote: AYES : Councilmembers : Mayor Lopez, Mayor Pro-Tem Ybarra, Davis, Gonzales, Menke NOES: Councilmembers : None ABSENT: Councilmembers : None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2(C day of I "ta-1 , 2020, at Vernon, California. Lisa Pope, Cit Clerk (SEAL) - 10 - STAFF REPORT City Council Agenda Item Report Agenda Item No. COV-150-2020 Submitted by. Lisa Pope Submitting Department: City Clerk Meeting Date: April 21, 2020 SUBJECT Second Reading of Ordinance No. 1265 - Fund Allocation, Eligibility, and Criteria for Vernon CommUNITY Fund Grants Recommendation: Conduct second reading and adopt Ordinance No. 1265 amending Article XX of Chapter 2, Sections 2.162 and 2.164 through 2.166, of the Vernon Municipal Code to modify Vernon CommUNiTY Fund grant fund allocation, eligibility, and criteria. Background: On April 7, 2020, the City Council conducted first reading and introduced Ordinance No. 1265, amending Section 2.162 and Sections 2.164 through 2.166 of Article XX of Chapter 2 of the Vernon Municipal Code relating to the Vernon CommUNiTY Fund. Staff requests Council conduct second reading and adopt Ordinance No. 1265. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Ordinance No. 1265