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Home My Public Portal About2019.096 (08-08-19) RESOLUTION NO. 2019.096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE REMOVAL OF THE TEN YEAR SUNSET PROVISION FROM THE EXISTING TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Special Municipal Election shall be held on November 5, 2019; and WHEREAS, the City Council desires to submit to the voters at the election a question relating to the removal of the ten year sunset provision in the existing Transactions and Use Tax ("Penny Tax") ballot initiative. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lynwood, California, on Tuesday, November 5, 2019, a Special Municipal Election for the purpose of considering the removal of the ten year sunset provision from the existing transactions and use tax in the City of Lynwood. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Municipal Election the following question approval of which -- requires a majority vote - --- - - - — -- Lynwood Public Safety and Vital City Services Protection Measure To protect and maintain vital city police services, fire protection, street and YES pothole repair, parks and recreation programs; and other essential services, shall the City of Lynwood remove the 10 year sunset provision from the existing one cent sales and use tax? All funds remain in Lynwood. NO SECTION 3. That the proposed complete text of the Ordinance submitted to the voters is attached hereto as Attachment No. 1 and is approved by the City Council. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish 1 - any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. . SECTION 6.That the pollsforthe election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until-8 p.m. of the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in : -_ . § 14401 of the Elections Code of the State of California. SECTION -7.. That in all particulars not recited in this resolution, the election shall • - be held and conducted as provided by law for holding of municipal elections. SECTION 8. That notice of the time and place of holding of election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Council authorizes the City-Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon • presentation of a properly submitted bill. The City Treasurer is hereby authorized and directed to appropriate 'the necessary fundstopay for the City's cost ofplacing the Measures on the election ballot. SECTION 10. This Resolution shall take effect immediately upon adoption. = - - SECTION 11. That the City Clerk-shall certify to the passageandadoption-of this. City Council Resolution and enter it into the book of-original Resolutions:: • PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUST, 2019 • - _ Jos Luis Solache, eyor ATTEST: r Maria Quinonez City Clerk APPROVED AS TO FORM: - ' . APPROVED AS TO CONTENT: l-- Noel Tapia.- Jose, eteotl City Attorney City Manager • 2 any. and. all official ballots, notices, printed matter :and all supplies, equipment and - paraphernalia that may necessary in order to properly and lawfully conduct the election:. : • SECTION 6:That the pollsfor the election-shall be open at 7 a.m. of the day of the election:and shall remain open•continuously from that time until:8 p.m. of the same day. when the polls shall be closed, pursuant to Elections:Code§.1.0242, except as provided in . . -• - § 14401 of the Elections_Code of the State of California: .- SECTION .7.. That in.all particulars not recited in this.resolution, the_election shall be held andconducted as providedby law for holding of municipal elections. SECTION 8. That `notice of the.time and place_ofholding.of election is given .and the City Clerk is authorized, instructed and,directed to.give further or additional notice of the election, in time,,form;.and manner as required by law. . . -- SECTION 9. That.the City. Council authorizes the City Clerk'to administer said - election and-all reasonable:and actual election expenses shall be paid by=the:City upon presentation.'of a properly submitted bill. The City Treasurer is hereby :authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the Measures on the election ballot. • = SECTION 10: This Resolution shall take effect immediately upon adoption, SECTION .1:1. That the City:Clerk shall certify to the passage and adoption of.this City-Council.Resolution and enter it into the book of'original Resolutions: PASSED, APPROVED AND ADOPTED THIS 8th:DAY OF AUGUST; 2019 - - • Jos !Luis Solache,:'ayor ATTEST: Maria Quir'ionez- _ _ : City Clerk APPROVED AS TO'FORM: APPROVED AS TO CONTENT: Noel Tapia. -Jose eteotl, City Attorney - City Manager • = 2 RESOLUTION NO. 2019.096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD.ON TUESDAY, NOVEMBER 5, 2019, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE REMOVAL OF THE TEN YEAR SUNSET PROVISION FROM THE EXISTING TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION WHEREAS, under the provisions of the laws relating to general law cities in the State of California,, a Special Municipal Election shall be held on November 5, 2019;.and WHEREAS, the City Council desires to submit to the voters at the election a question relating to the removal of the ten year sunset provision in the existing Transactions and Use Tax ("Penny Tax") ballot initiative. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General.Law Cities, there is called and ordered to be held in the City. of Lynwood, California, on Tuesday, November 5, 2019, a Special Municipal Election for the purpose of considering the removal of the ten year sunset provision from the existing transactions and use tax in the City of Lynwood. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Municipal Election the following question approval of which _� .. requiresra-majori€y-vote: -®-.._ __ - _. v..a� _ �_�___. __ r_-e_ Lynwood Public Safety and Vital City Services Protection Measure To protect and maintain vital city police services, fire protection, street and YES pothole repair, parks and recreation programs; and other essential services; shall the City of Lynwood remove the 10 year sunset provision from the existing one cent sales and use tax? All funds remain in Lynwood. NO SECTION 3. That the proposed complete text of the Ordinance submitted to the voters is attached hereto as Attachment No. 1 and is approved by the City Council. SECTION,4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los.Angeles- Registrar-Recorder/County Clerk to procure and furnish 1 • STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) • I, Maria Quinonez, 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 special meeting held on the 8th day of August, 2019. AYES:, COUNCIL MEMBER CASTRO, MAYOR PRO TEM CASTRO, COUNCIL MEMBER ALATORRE, SANTANA, AND MAYOR SOLACHE NOES: . NONE ABSENT: NONE ABSTAIN: NONE • /of . . Maria.QUiinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, 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. 2019.096 on file in my officeand that said Resolution was adopted on the date and by the vote therein stated. Dated this 8th day of August, 2019. • ,1e7:;,? .1241/41:d Maria Qunonez;City Clerk • 3 • ATTACHMENT NO. 1 PROPOSED ORDINANCE NO. ____ • AN ORDINANCE OF THE PEOPLE OF THE CITY OF LYNWOOD, CALIFORNIA, REMOVING THE TEN YEAR SUNSET PROVISION FROM THE EXISTING TRANSACTIONS AND USE TAX • TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED BY THE PEOPLE OF THE CITY OF LYNWOOD AS FOLLOWS: SECTION 1. AMENDMENT OF CODE Section 6-2.9(p) of Chapter 6 of the City of Lynwood Municipal Code is hereby amended to read.as follows: "p. Expiration of Tax. The authority to levy the tax imposed by this section shall continue until terminated." SECTION 2. TEXT OF ORIGINAL TRANSACTION AND USE TAX ORDINANCE The text of the former Section 6-2.9(p) is attached hereto as Exhibit "A" for information purposes only, and shall not be a part of this Ordinance. SECTION 3. ENVIRONMENTAL COMPLIANCE. Pursuant•to 14 California Code of Regulations, Sec. 15061(b)(3) the City Council finds that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA. SECTION 4. EFFECTIVE DATE. - This ordinance relates to the levying and collecting of a City transactions.and use tax and shall take effect immediately. • 4 ATTACHMENT NO. 1 PROPOSED ORDINANCE NO. ____ AN ORDINANCE OF . THE PEOPLE OF THE CITY OF LYNWOOD, CALIFORNIA, _ REMOVING THE . TEN YEAR SUNSET PROVISION FROM THE EXISTING TRANSACTIONS AND USE :TAX - TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED BY THE PEOPLE OF THE CITY OF LYNWOOD AS FOLLOWS: SECTION 1. AMENDMENT OF CODE Section 6-2.9(p)of Chapter 6 of the City.of Lynwood Municipal Code is hereby amended-to read:.as follows: - "p. Expiration of Tax. The authority to levy the tax imposed by this section shall continue until terminated." SECTION 2. TEXT OF ORIGINAL TRANSACTION AND USE TAX ORDINANCE The text of the former Section 6-2.9(p) is attached hereto as- Exhibit "A" for information purposes only, and shall not be a part of this Ordinance. SECTION 3. ENVIRONMENTAL COMPLIANCE. Pursuant to 14 California Code of Regulations, Sec. 15061(b)(3) the City Council finds that it can be seen with certainty thatthere is no possibilitythat the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA. SECTION 4. .EFFECTIVE DATE.. This.ordinance relates to the levying and collecting of a City transactionsand use tax andshalltake effect immediately. 4_ STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ). I, Maria-Quinonez, 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 special meeting held on the 8th day of August, 2019. AYES:. . .COUNCIL MEMBER CASTRO, MAYOR PRO TEM CASTRO, COUNCIL MEMBER ALATORRE, SANTANA, AND MAYOR SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: NONE . Maria Quinonez,City Clerk STATE OF.CALIFORNIA ) )SS. . COUNTY OF LOS ANGELES ) . I, Maria Quinonez, 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. 2019.096 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 8th day of August, 2019. . C tole • / 911 ,1,Z/ aria Quinonez, City Clerk 3 • EXH BIT "A" Former Text of Section 6-2.9(p) p. Expiration of Tax. The authority to levy the tax imposed by this Ordinance shall be for a term of ten (10) years. The tax imposed by this Ordinance shall automatically be terminated, without further action by the City Council, or the electors of the city, ten (10) years after the Operative Date. After the termination date, the tax imposed by this chapter can only be continued or reestablished by a majority vote of City votes pursuant to California Proposition 218. 6