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HomeMy Public PortalAbout2019.099 (08-08-19) RESOLUTION NO. 2019.099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALIFORNIA APPROVING THE FORM OF THE ORDINANCE TO BE SUBMITTED TO THE VOTERS AT THE NOVEMBER 5, 2019 ELECTION 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. The form of the Ordinance to be submitted to the voters of the City of Lynwood at the.November 5, 2019 election is attached hereto as Attachment No. 1 and incorporated herein by this reference. SECTION 2. The City Council has approved the form the Ordinance attached hereto as Attachment No. 1 to be submitted to the voters of the City of Lynwood at the November 5, 2019 election. SECTION 3.This Resolution shall take effect immediately upon adoption. SECTION 4. That the City Clerk shall certify to the passage and adoption of this City°C-ouncil"Resolution-and-enter-it into-the-book oforiginal-Resolutions:- R�-� --~ PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUST, 2019 } e Jo' Luis Solache, Mayor 1 ATTEST: •1. OAr. aria Quinonez'"P' City Clerk APPROVED AS TO FORM: APPROVED 0 CONTENT: Noel Tapia, -. Jose 0 oetl, City Attorney- City Manager 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. MAYOR PRO TEM CASTRO, COUNCIL MEMBERS CASANOVA, AYES: ALATORRE, SANTANA, AND MAYOR SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: .. NONE aria Quinonez,-City Clerk de • 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. 2019.099 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. . ATTEST: : aria Quinonez: . . City Clerk : APPROVED AS TO FORM: APPROVED 0 CONTENT: • Noel Tapia, - Jose 0 " oetl, City Attorney . . City.Manager.. . 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. MAYOR PRO TEM CASTRO, COUNCIL MEMBERS CASANOVA, AYES: ALATORRE,SANTANA, AND MAYOR:SOLACHE . NOES NONE ABSENT: NONE ABSTAIN: N9NE :.. .: :.. . . - aria Quinonez, ,City Clerk of • STATE OF CALIFORNIA ) • - )SS. COUNTY.OFLOS ANGELES I, Maria.Quinonez, the undersigned, City Clerk of the City of.Lynwood, and the Clerk of the.City_Councilof.said.City, do hereby certify that the above foregoing is a full,trueand correct copy of Resolution. No. 2019.099 on file in my officeand that said Resolution was adopted on the date and by the votetherein stated Dated this 8thday of August, 2019.. • RESOLUTION NO. 2019.099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALIFORNIA APPROVING THE FORM OF THE ORDINANCE TO BE SUBMITTED TO THE VOTERS AT THE NOVEMBER 5, 2019 ELECTION 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 sunsetprovision 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. The form of the Ordinance to be submittedtothe voters of the City of Lynwood at the November 5, 2019.election is attached hereto as Attachment No. 1 and incorporated herein by this reference. SECTION 2. The City Council has approved the form the Ordinance attached hereto as Attachment No. 1 tobe submitted to the voters of the City of Lynwood at the November 5, 2019 election. SECTION 3.This Resolution shall take effect immediately upon adoption. SECTION 4. That the City Clerk shall certify to the passage and adoption of this City-Council'Resolution-and-enterit-into the-book.oforiginal-Resolutions.- -i . PASSED,APPROVED AND ADOPTED THIS 8th DAY OF AUGUST, 2019 Jo ' Luis Solache, Mayor 1 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. 3 INTRODUCED by Maria Quinonez on this 8th day of August, 2019, and passed to print and approved by the following called vote: Members of the Council: AYES: MAYOR PRO TEM CASTRO, COUNCIL MEMBERS CASANOVA, ALATORRE, SANTANA, AND MAYOR SOLACHE NOES: NONE APPROVED by the following vote of the People of the City of Lynwood on November 5, 2019: YES: NO: ADOPTED by Declaration of the vote at the November 5, 2019 election by the • City Council of the City of Lynwood on , 2019: Members_of_the Council:_ AYES: NOES: •• 4 INTRODUCED by Maria Quinonez on this 8th day of August, 2019, and passed to print and approved by the following called vote: Members of the Council:. AYES: MAYOR PRO TEM CASTRO, COUNCIL MEMBERS CASANOVA, ALATORRE, SANTANA, AND MAYOR SOLACHE NOES: NONE APPROVED by the following vote of the People of the City of Lynwood on November 5, 2019: YES:. NO: ADOPTED by Declaration of the vote at the November 5, 2019 election by the City Council of the City of Lynwood on , 2019: Members of the Council:_ AYES: NOES: 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 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. . 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, ortheelectors 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. 5 - .