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HomeMy Public PortalAbout2015.112 (07-07-15)RESOLUTION NO. 2015.112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING . THE RESOLUTION OF THE PBID ADVISORY BOARD SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR THE 2015 -2016 FISCAL YEAR FOR THE LEVY OF THE ASSESSMENT PURSUANT TO THE APPROVED REPORT WHEREAS, pursuant to Section 36500, et. sec. of the Streets and Highway Code of the State of California (CSHC), on November 27, 1985, Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID); and WHEREAS, the proposed use of these funds has been submitted for approval to the PBID Advisory Board and, on May 12, 2015, the PBID Advisory Board approved the report for the expenditure of the PBID funds for the fiscal year 2015 -2016 Spending Plan, having determined that the use is beneficial to the business community; and WHEREAS, on May 26, 2015, the City Council approved the report for use of funds and was required to schedule a public hearing to allow for any public comment and protests, whether oral or verbal concerning the intended use of funds pursuant to Sections 36524 and 36525 of the CSHC; and WHEREAS, as a result, the City Council set the date of the public hearing for Tuesday, June 16, 2015 at a regularly scheduled City Council meeting in the Council Chambers at Lynwood City Hall; and WHEREAS, on June 8, 2015, pursuant to section 36534(b) of the CSHC, the City fulfilled its requirement of publishing the Resolution of intention once in a newspaper of general circulation in the City not less than seven (7) days before the public hearing; and WHEREAS, at the close of the public hearing, Council exercised its authority pursuant to Section 36535 of the CSHC and held over the Hearing requesting modifications to the spending plan and additional information. The hearing on the'PBID levy and spending plan shall resume on July 7, 2015 for consideration and adoption; and WHEREAS, on June 29, 2015, pursuant to section 36534(b) of the CSHC, the City fulfilled its requirement of publishing the resolution of intention once in a newspaper of general circulation in the City not less than seven (7) days before the public hearing; and WHEREAS, at the closing of the Public Hearing, protests received collectively represented less than 50% or more of the proposed annual assessment amount, the City.Council may adopt a Resolution to levy the annual assessment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby finds that the above recitals and true and correct. Section 2. The City Council, after conducting a duly- noticed public hearing and considering all verbal and written evidence, hereby finds the proposed assessments, as described in the report from the PBID Advisory Board's May 12, 2015 meeting, appropriate for the collection and expenditure of the PBID funds for the fiscal year 2015 -201.6 Spending Plan, having determined that the use is beneficial to the business community. As such, the City Council hereby adopts the Resolution for the levy of assessments within the PBID area for fiscal year 2015 -2016, as mandated in Ordinance 1262 sec. 4a. Section 3. The improvement and activities to be funded by the assessments have been modified by Council authority as follows: • Economic Development Initiative $349,500 • Surveillance Camera Monitoring Equipment $ 14,645 • Street Sweeping Maintenance $ 30,000 • Boom Truck Acquisition $ 85,000 Total Allocation: $479,145 Section 4. The City Manager, or his designee, is hereby authorized to sign all documents necessary and appropriate to carry out the intent of the adopted PBID Resolution on the behalf of the City. Section 5. This Resolution becomes effective immediately upon adoption. ATTEST: PASSED, APPROVED and ADOPTED this 7th day of July, 2015. Maria Quinonez, -Cffy Clerk APPROVED AS TO FORM: David A. Garcia, City Attorney APPROVED AS TO CONTENT: J. Arnoldo Beltran, City Manager r o aulls, Project Manager Community Development Services 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 7th day of.July, 2015. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, SANTILLAN -BEAS AND SOLACHE NOES: NONE ABSENT: COUNCIL MEMBER HERNANDEZ ABSTAIN: NONE Maria Q 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. 2015.112 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 7th day of July, 2015.