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HomeMy Public PortalAbout2010.133 (07-06-10)RESOLUTION NO 2010 133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REPORT OF THE PBID BOARD SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR THE 2010 -2011 FISCAL YEAR AND FIXING THE TIME AND PLACE FOR THE PUBLIC HEARING 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) WHEREAS, PBID assessments are levied as a fair and equitable way to provide funds to maintain operate and improve business areas in the City; and WHEREAS, section 3 of the ordinance identifies the PBID Area as all of the territory within the exterior boundaries of the City of Lynwood, and WHEREAS, section 4a of the ordinance established the system of charge and the method each business would be assessed annually and is based on 50% of the business license tax to all business located within the PBID area, and WHEREAS, the proposed use of these funds has been submitted for approval to the PBID board and, on May 25, 2010, the PBID Board approved the report for the expenditure of the PBID funds for the fiscal year 2010 -2011, having determined that the use is beneficial to the business community; and WHEREAS, on June 15, 2010 the City Council adopted the report for use of funds and now is 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, at the closing of the Public Hearing, unless protests are received that collectively represent 50% or more of the proposed annual assessment amount, the Council may adopt a resolution to levy the annual assessment; and WHEREAS, On June 24, 2010, pursuant to section 36534(b) of the CSHC, the City fulfilled its requirements of publishing the resolution of intension once in a newspaper of general circulation in the City not less than seven (7) days before the public hearing, and WHEREAS, the City Council wishes to set the Public Hearing to take place Tuesday, July 6, 2010, at a regularly scheduled Council meeting in the Council Chambers at Lynwood City Hall NOW, THEREFORE, IT IS RESOLVED BY THE LYNWOOD CITY COUNCIL AS FOLLOWS Section 1. The City hereby approves the report, as approved by the PBID Board, for the levy of assessments within the PBID area for the 2010 — 2011 fiscal year as mandated in Ordinance 1262 sec. 4a Section 2. The City approves the use of the PBID funds for Commercial Area Master Planning and Surveillance Camera maintenance as described in the report approved and adopted by City Council Section 3. The report on file with the City Clerk has the full detailed description of the improvements and activities to be provided and identifies the proposed levy on the businesses within the PBID area for this fiscal year Section 4. The City finds that the proposed use of funds is consistent with the intent. of the CSHC section 36500 et. seq and is in the best interest of the City's Parking and Business Improvement District Area Section 5. The City Manager, or his designee, is hereby authorized to sign all documents necessary and appropriate to carry out and implement said improvements and activities on the behalf of the City Section 6. This Resolution becomes effective immediately upon adoption PASSED, APPROVED and ADOPTED this 6 day of July, 2010 Maria T Santillan, Mayor ATTEST � r Maria Quinonez Ci y Clerk Roger Haley, C Manager APPROVED AS TO FORM Fred Galante, City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS APPROVED AS TO CONTENT Sara -M WkIierV, Director of Redevelopment 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 6 day of July, 2010 AYES COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN ,NOES NONE ABSENT NONE ABSTAIN NONE M ria Quinonez, City 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 2010 133 on file in my office and that said Resolution was adopted on the date and by the vote therein stated Dated this 6 day of July, 2010 Maria Quinonez, City Clerk